Defamation

Question 1

Defamation - Elements FPID (4)

Answer 1

1. Unprivileged False statements of fact about P
2. Publicized to 3rd person
3. With wrongful intention or N in exposure of P to hatred/contempt/ridicule/disgrace
4. Creates DX to P’s reputation and good name

Question 2

Defamation - FPID - False Statement / types, proof of falsity, “concerning P”

Answer 2

• Slander (oral) or Libel (written) - MORE THAN OPINION and MORE THAN UNFLATERING
• Proof of truth/falsity depend on type of person and matter (public/private)
• P must be alive and it must specifically about him - group references not enough

Question 3

Defamation - FPID - Publication to 3rd party / quality of 3rd party

Answer 3

MUST UNDERSTAND defamatory quality

• issue regarding statement in foreign language if listener understood

Question 4

Defamation - FPID - Damages / gral rule, LUNI exceptions

Answer 4

GRAL RULE: Prove special dx: loss of costumers, suffering, econ loss

PER SE EXCEPTIONS: LUNI for private figure: (BAFTD nominal dx)

• Loathsome Disease
• Unchastity or Other Serious Sexual Misconduct: specially whenmarried P
• Notorious Criminal Allegation - serious felony offense
• Injury in trade, business or profession affecting conduct or reputation

Question 5

Defamation - Standard of Proof and degree of fault required (3) (public/private)

Answer 5

• Burden: On P to show f_alsity and degree of care_
• Proof: Clear and Convincing E (exception to gral rule of preponderance of E)
• No SL - unconstitutional
• Degree of fault to show + Falsity of statement:

1. Private person/private matter: ordinary N
2. Public Figure/private matter: Recklesness
3. Public/Public: Actual Malice or Knowingly falsehood

Question 6

Defamation - Defenses TEMPR (5)

Answer 6

1. Truthfulness of statement
2. Express or implied consent of P with the publication or content of statement
3. Mere Subjective Opinion: differs from objective statement of truth on the language used - ridicule/abuse usually opinion BUT when reference to underlying facts is deemd statement
4. Privilege: absolut or qualified
5. Retraction: some states require publication within X time

Question 7

Defamation - Defenses TEMPR - Privileges /what, types, abuse

Answer 7

• Excuse to make defamatory publication

1. Absolute: statements made in judicial, legislative proceedings or debates by govt official in course of duties or btwn spouses
2. Qualifed: in public/private when conducting matters of own interest
   
   • i.e. self defense, book critcism, employment references.

• Abuse: LOST OF PRIVILEGE - when made in bad faith and unreasonable - need of propper manner, reasoanble time or with proven malice