Defamation

Question 1

Defamation elements?

Answer 1

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

Question 2

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

Answer 2

Adversely affects reputation.

Question 3

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

Answer 3

No. Mere insults not enough for defamation.

Question 4

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

Answer 4

Yes. Statement of fact reflects negatively on his character

Question 5

A defamatory statement must specifically identify . . .

Answer 5

the plaintiff

Question 6

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

Answer 6

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

Question 7

Is there liable for defamation of a dead person?

Answer 7

No.

Question 8

The word “publication” in the defamation context means

Answer 8

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

Question 9

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

Answer 9

Just one “third person.”

Question 10

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

Answer 10

Measure of damages.

Question 11

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

Answer 11

damages

Question 12

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

Answer 12

Written, printed, or recorded.

Question 13

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

Answer 13

Oral or spoken.

Question 14

Very hurtful slander is treated like _____.

Answer 14

Libel

Question 15

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

Answer 15

Doesn’t need to prove damages

Question 16

What are the four categories of slander per se?

Answer 16

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)

Question 17

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

Answer 17

Damages

Question 18

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

Answer 18

Damages

Question 19

Evidence of damages must show what type of harm?

Answer 19

Economic.

Question 20

Is consent a defense for defamation?

Answer 20

Yes

Question 21

Is truth a defense for defamation?

Answer 21

Yes

Question 22

T or F? Truth defeats a defamation claim.

Answer 22

True

Question 23

What are the two Privilege subgroups?

Answer 23

Absolute

Qualified

Question 24

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

Answer 24

Defendant’s

Question 25

If a married person says something defamatory (about someone else or them) to his or her spouse .. .

Answer 25

There is nothing you can do. There is an absolute privilege.

Question 26

Government officials do/don’t receive immunity from defamation.

Answer 26

Do

Question 27

The government official privilege for defamatory statements do/don’t apply to lawyers.

Answer 27

True

Question 28

Qualified privileges are based on . . .

Answer 28

The situation that gave rise to the speech.

Question 29

Qualified privileges arise when there is a public interest in what?

Answer 29

Encouraging candor.

Question 30

A reference or recommendation, when defamatory, falls under the qualified privilege. T or F?

Answer 30

True

Question 31

What requirements for the qualified privilege? (2)

Answer 31

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.

Question 32

Where a statement that bears on a matter of public concern, defamation requires . . . (regular + 2)

Answer 32

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

Question 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?

Answer 33

Constitutional Malice (i.e., deliberate spreading of lie or the reckless dissemination of the statement)

Question 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?

Answer 34

D spread the falsehood Negligently

Question 35

Defendant may be protected by an absolute privilege for the following 5 remarks/situations:

Answer 35

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