defamation

Question 1

defamation common law elements

Answer 1

1) a false
2) defamatory statement
3) concerning P
4) publication
5) harmful to P’s reputation

Question 2

defamation elements involving public figure/official/matter of public concern

Answer 2

1) P knew of the statement’s falsity or had reckless disregard as to whether it was false (actual malice standard)
2) actual falsity

Question 3

libel

Answer 3

written defamatory statement (TV and radio broadcasts considered libel)

Question 4

slander

Answer 4

spoken defamatory statement

Question 5

libel damages

Answer 5

public figures recover “presumed damages” for reputational harm if they prove actual malice

private figures who prove negligence recover presumed damages only if speech relates to a matter of public concern

Question 6

slander damages

Answer 6

P must prove special damages (i.e. specific economic loss) unless the statement constitutes slander per so

Question 7

slander per se

Answer 7

a defamatory statement that either
1) adversely reflects on P’s business/professional reputation
2) claims that P has a lOaThSoMe DiSeAsE
3) claims that P committed a crime of moral turpitude
4) iMpUtEs p’S cHaStItY

Question 8

defenses to defamation

Answer 8

1) consent
2) truth
3) privilege