Defamation Flashcards
What are the two categories under defamation?
Libel and Slander
When does defamation arise?
when a defendant publishes to a third party a false statement containing defamatory material of and concerning the plaintiff which harms their reputation
Who has the burden of proof in a defamation claim?
the defendant has the burden of proving the truth.
When a defamation action is based on a written statement, the appropriate cause of action is ____
Libel
When a defamation action is based on a spoken statement the appropriate cause of action is ____
Slander
What are the four elements of defamation?
(1) a false statement purporting to be fact; (2) publication or communication of that statement to a third person; (3) fault amounting to at least negligence; and (4) damages, or some harm caused to the person who is the subject of the statement.
For slander, what must the plaintiff prove in addition to all the elements of defamation?
The plaintiff must prove special or pecuniary damages
The plaintiff must prove special or pecuniary damages for slander cases unless _____ (3 situations)
1) the spoken statement implies the plaintiff has committed a crime of moral turpitude, (2) the plaintiff has a character trait or practice incompatible with her trade, business, or profession or (3) the plaintiff suffers from a loathsome disease
When is a communication NOT considered made to a third party?
communications within certain fiduciary relationships are not considered communications to a third party.
T/F
Absolute truth is a complete defense to defamation
False, Substantial Truth
What does publication require?
Publication requires that the person issuing the statement intend for another to receive the statement or the statement must be made such that it is reasonably foreseeable that the statement will be heard and understood by another person apart from the plaintiff.
Absolute or Qualified?
A statement made on the floor of the legislature during a legislative session.
Absolute
Absolute or Qualified?
A statement made in the course of a judicial proceeding and related to the proceeding. Comments made must be related to the case at hand.
Absolute
Absolute or Qualified?
A statement made in the course of executive brand officials speaking in their line of duty.
Absolute
Absolute or Qualified?
A publication required by law
Absolute
