Defamation

Question 1

Elements of Defamation

Answer 1

1) Defamatory statement
2) That specifically identifies P
3)Published to 3p
4) Falsity
5) Fault
6) Damage to P’s Reputation

Question 3

What is colloquiam?

Answer 3

If Defam. stmt does not refer to P on its face, extrinsic evidence can be introduce to establish stmt refers to P

Question 4

What happens if a Defam stmt. refers to all members of small group?

Answer 4

All members can establish it ID’s them.

Question 5

What happens if a Defam stmt. refers to some members of small group?

Answer 5

P can recover if reasonable person would view stmt as referring to P.

Question 6

What is sufficient for publication? what is insufficient?

Answer 6

One additional person is sufficient. Defamatory statement made only to P is insufficient.

Question 7

How liable are newspaper Tv stations if they are primary publishers?

Answer 7

If primary Same extent as speaker.

Question 8

What is the traditional rule of Falsity?

Answer 8

P did not have to prove statement was false, and D had to prove truth as defense.

Question 9

If a true statement is made on the exam, what other actions are available?

Answer 9

Intentional infliction of Emotional distress
Invasion of right to privacy (unless pub figure/matter of public corner)

Question 10

What must public officials/figures prove?

Answer 10

Actual malice. Knowledge/reckless disregard of whether it was false.

Question 11

What is a public figure?

Answer 11

1) Someone achieving fame, notoriety
OR
2) assumes central role in public controversy

Question 12

What can deliberately altering a quote do?

Answer 12

Can establish malice if alteration materially changes meaning of quote.

Question 13

What does “malice in defamation is a subjective test” mean?

Answer 13

D’s spite/I’ll will is not enough.

Question 14

In a matter of public concern, what must a private person prove? What is recoverable?

Answer 14

Negligence. Only actual injuries.

Question 15

What does actual injuries constitute?

Answer 15

1) Economic damages
2) Damages to reputation
3) personal humiliation

Question 16

How do courts determine if it’s a public concern?

Answer 16

The content, form and context of publication.

Question 17

What does the status of Plaintiff affect?

Answer 17

Only the degree of fault required.

Question 18

What is libel?

Answer 18

Defamation embodied in PERMANANT FORM.

Question 19

What does P have to prove in libel damages?

Answer 19

General damages are presumed.

Question 20

What is slander?

Answer 20

Spoken defamation.

Question 21

What is slander per SE?

Answer 21

Statements that
1) affect P’s business/profession
2) P has committed serious crime
3) P has done serious sexual misconuct
4) Loathsome disease

Question 22

What does truth do?

Answer 22

If D has to prove, it’s a complete defense.

Question 23

What are absolute priveleges for defamation?

Answer 23

Common between spouses
2) judicial proceeding
3) legislators during proceedings (even unrelated)
4) Fed Exec officials in compelled broad casts

Question 24

What is qualified privilege?

Answer 24

Public interest encourages candor

Question 25

Types of Qualified privileges for defamation?

Answer 25

Letters of recommendation
Reports of pub hear/meeting
Statements made to those taking official action
Statements made to defend one’s own actions, property, reputation

Question 26

Invasion of Right to Privacy – what type of right and who does it extend?

Answer 26

It’s a personal right, and does not extend to anyone, and does not survive P death.

Question 27

What types of wrongs are in Inv. right to privacy?

Answer 27

1) Appropriation
2) intrusion
3) false light
4) Public disclosure of private facts

Question 28

what is appropriation?

Answer 28

Unauthorized use of P’s picture/name for D
Commercial advantage.

Question 29

Who suffered intrusion?

Answer 29

Erin Andrews.

Question 30

What is intrusion?

Answer 30

Eaves dropping/Spying

Question 31

What must be shown for intrustion

Answer 31

1) It was highly offensive to reasonable person
2) P must be in private place

Question 32

What is false light? What must be shown?

Answer 32

D attributes views to plaintiffs they don’t hold.

Must be HORP
Shared to wide public.

Question 33

What is pub disclosure?

Answer 33

Putting confidential info that is HORP out to public.

Question 34

What are defenses to right of privacy actions?

Answer 34

Consent
Defamation priveleges

Question 35

What is intentional misrepresentation elements?

Answer 35

Misrepresenation of material past/present fact
Scienter
Intent to induce reliance on misrepresentation
Actual reliance
Justifiable reliance
Actual pecuniary loss.