Defamation

Question 1

Defamation Defined

Answer 1

Defamatory language of or concerning the plaintiff, made by the defendant to a third person, and plaintiff’s reputation is damaged.

Question 2

Defamatory Language

Answer 2

Any language that adversely affects plaintiff’s reputation; opinions are generally not defamatory language unless based upon specific facts.

name call insufficient.

Question 3

Innuendo

Answer 3

Statement is not defamatory in face; plaintiff may use extrinsic evidence (inducement) to prove defamatory language through innuendo.

Question 4

Colloquium

Answer 4

Defamatory language does not refer to plaintiff on face; plaintiff may use extrinsic evidence to prove language refer to him.

Question 5

Group Defamation (All Members Of Small Group)

Answer 5

Each member may establish defamatory language is of and concerning him by alleging that he a group member.

Everyone wins.

Question 6

Group Defamation (Large Group)

Answer 6

No member may prove defamatory language is of or concerning him.

Everyone loses.

Question 7

Group Defamation (Some Members of Small Group)

Answer 7

Member may recover if reasonable person would view statement referring to plaintiff.

Question 8

Publication

Answer 8

Communication of defamation must be made to someone other than the plaintiff, can be made intentionally/negligently)

Question 9

Who May Be Liable for Publication

Answer 9

primary publishers (newspapers/tv stations) are liable to the same extent as the author or speaker. One who repeats is liable on same general basis as primary publisher.
One who is selling papers, or playing tapes is a secondary publisher and is liable only if he knows or should know the the defamatory content.

Question 10

Damages Libel

Answer 10

Plaintiff does not have to prove special damages, General damages are presumed.

Radio/Television Broadcasts are Libel

Question 11

Damages Slander

Answer 11

Plaintiff must prove special damages unless Slander Per Se

Question 12

Slander Per Se

Answer 12

Comments that:

Adversely reflect on one’s conduct in a business or profession.

One has a loathsome disease

One is guilty of a crime of moral turpitude.

A woman is unchaste

Question 13

Defamation on Public Concern

Answer 13

Must prove falsity of defamatory language and fault on the part of the defendant

Question 14

Defamation of Public Officials

Answer 14

Must prove malice: made with knowledge of falsity or reckless disregard of truth.

Question 15

Defamation of Private Persons

Answer 15

Need only prove negligent.

Question 16

Living Person Requirement

Answer 16

Only a living person may be defamed. Corporations may be defamed.