2. Defamation

Question 1

What are the elements of Defamation?

Answer 1

1. P must show that D made a defamatory statement, identifying P,
2. P must show that D published the statement (Publication),
3. P Might need to prove Damages

Question 2

What is considered Defamatory?

Answer 2

A statement that tends to adversely affect reputation

Question 3

Can mere insults be considered defamatory by themselves?

Answer 3

No.

Question 4

How does a statement satisfy the element of Identifying the Plaintiff?

Answer 4

It must specifically identify an individual

Question 5

What must have happened for a statement to satisfy the element of Publication?

Answer 5

The D must have revealed the statement to at least one person other than the P

Question 6

Must a publication be done on purpose?

Answer 6

No.

The publication need not be on purpose. (Ex. carelessly leaving an intercom on during an otherwise private conversation)

Question 7

Does a P have to prove damages in a libel case?

Answer 7

No. In a libel case, damages are presumed.

Question 8

What are some examples of Slander Per Se?

Answer 8

1. Statements relating to the P’s business or profession
2. Statements that P committed a crime of moral turpitude
3. Statements that imputes unchastity to a woman.
4. A statement that the P suffers from a loathsome disease. (lepracy or vanerial disease)

Question 9

Does a P have to prove damages in a Slander case?

Answer 9

Slander Per Se - No (It is presumed)

Slander Not Per Se - Yes, The P must prove damages of an actual economic loss.

Question 10

Three Affirmative Defenses for Defamation

Answer 10

1. Consent
2. Truth
3. Privilege

Question 11

Who bears the burden of proof for the Truth Affirmative defense?

Answer 11

The Defendant

Question 12

What are the two kinds of Absolute privilege?

Answer 12

1. Between Spouses
2. Officers of the three branches of government acting within the scope of their official duties. (Often in judicial context, including witnesses and lawyers)

Question 13

When does a Conditional Privilege arise?

Answer 13

Arise in any situation where there is a public interest in encouraging candor.

Question 14

What are two examples of situations where there is a public interest in encouraging candor?

Answer 14

1. Recommendations or references - b/c they are only useful if it is honest
2. Statements made to police while they are investigating a crime.

Question 15

Two conditions for conditional privilege:

Answer 15

1. D must make the statement in good faith

2. D must confine the statement to matters that are relevant

Question 16

What is a Matter of Public Concern?

Answer 16

Something in which there is general, widespread, public interest.

Question 17

What are the added elements that a Plaintiff must satisfy to prove defamation when the statement that addresses a matter of public concern?

Answer 17

1. Plaintiff must prove falsity of the statement

2. Plaintiff must demonstrate that the statement was made with some degree of culpability.

Question 18

What is the level of mental culpability required to prove defamation when the statement that addresses a matter of public concern?

Answer 18

If the P is a public figure, he must prove that it was either a knowing dissemination of a lie, or reckless disregard.

If the P is not a public figure, then they just need to prove negligence.