Defamation Flashcards

1
Q

Defamation elements?

A

D must make a defamatory statement specifically identifying the plaintiff

There must be publication of the statement

There must be damage to the reputation of the plaintiff

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2
Q

A statement is considered to be defamatory when it does what?

A

Adversely affects reputation.

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3
Q

John Doe is a no-good, son of a bitch. Defamatory statement?

A

No. Mere insults not enough for defamation.

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4
Q

John Doe is embezzling money from his clients. Defamatory statement?

A

Yes. Statement of fact reflects negatively on his character

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5
Q

A defamatory statement must specifically identify . . .

A

the plaintiff

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6
Q

A defamatory statement must expressly identify a specific individual. T or F?

A

No, just needs to be so that a specific person can be identified.

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7
Q

Is there liable for defamation of a dead person?

A

No.

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8
Q

The word “publication” in the defamation context means

A

It has been intentionally or negligently communicated to a third person.

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9
Q

“Publication” requires just intentional or negligent communication to how many people?

A

Just one “third person.”

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10
Q

If “publication” requires dissemination to just one person, why is the number of people who ultimately hear the information important?

A

Measure of damages.

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11
Q

Under traditional CL rules, _____ are presumed in certain types of defamation litigation.

A

damages

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12
Q

Libel involves a case in which the defamatory statement is . . .

A

Written, printed, or recorded.

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13
Q

Slander involves a case in which the defamatory statement is . . .

A

Oral or spoken.

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14
Q

Very hurtful slander is treated like _____.

A

Libel

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15
Q

In a slander per se case, plaintiff does not need to do what?

A

Doesn’t need to prove damages

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16
Q

What are the four categories of slander per se?

A

Statement relating to plaintiff’s business or profession

Statement that plaintiff committed a serious crime.

Statement that “imputes unchastity to a woman”

Statement indicating that the plaintiff suffers from a loathsome disease (e.g., leprosy, STDs)

17
Q

Slander NOT per se requires evidence of _____ to get to the jury.

18
Q

Slander per se does not require evidence of ________ to get to the jury.

19
Q

Evidence of damages must show what type of harm?

20
Q

Is consent a defense for defamation?

21
Q

Is truth a defense for defamation?

22
Q

T or F? Truth defeats a defamation claim.

23
Q

What are the two Privilege subgroups?

A

Absolute

Qualified

24
Q

Absolute privilege from defamation is usually conferred based on whose status?

A

Defendant’s

25
If a married person says something defamatory (about someone else or them) to his or her spouse .. .
There is nothing you can do. There is an absolute privilege.
26
Government officials do/don't receive immunity from defamation.
Do
27
The government official privilege for defamatory statements do/don't apply to lawyers.
True
28
Qualified privileges are based on . . .
The situation that gave rise to the speech.
29
Qualified privileges arise when there is a public interest in what?
Encouraging candor.
30
A reference or recommendation, when defamatory, falls under the qualified privilege. T or F?
True
31
What requirements for the qualified privilege? (2)
Must have a reasonable and good faith basis for what you say (mistakes ok) Must confine yourself to material that is relevant to the situation at hand.
32
Where a statement that bears on a matter of public concern, defamation requires . . . (regular + 2)
D must make a defamatory statement specifically identifying the plaintiff There must be publication of the statement There must be damage to the reputation of the plaintiff P must show that statement is false Fault
33
Where a statement that bears on a matter of public concern and the P is a public figure, what must the public figure show regarding fault?
Constitutional Malice (i.e., deliberate spreading of lie or the reckless dissemination of the statement)
34
Where a statement that bears on a matter of public concern and the P is a private figure, what must the private figure show regarding fault?
D spread the falsehood Negligently
35
Defendant may be protected by an absolute privilege for the following 5 remarks/situations:
Remarks made during judicial proceedings Remarks made by legislators during proceedings Remarks made by federal executive officials Remarks made in "compelled broadcasts" Remarks between spouses