Defamation

Question 1

Elements of Defamation

Answer 1

1) defamatory Language
2) of or concerning
3) publication
4) Damage to P reputation
5) 1st amendment concern
6) defense

Question 2

5) First Amendment Concern

Answer 2

1) Falsity of Statement
- P proves some type of false

2) Fault of Defendant
- Fault depends on P status

First amendment of constitutional protects the freedom of speech and additional protection of speech are warranted if the P is a public figure or there is a public concern.

Question 3

5) First Amendment Concern

Public Official or Public Figure

Answer 3

Malice

• Presumed Damages

Question 4

1) defamatory Language

Answer 4

Generally need to be an allegation of fact, and a allegation would create adverse effect on P character.

Harm P’s Reputation

• Adverse effect on reputation.

Question 5

Privacy

Answer 5

1) Appropriation of P name or Picture
2) Intrusion on P affairs or seclusion
3) Publication of fact placing P in False Light
4) Public Disclosure of private facts.

Question 6

Privacy

Public disclosure of Private Facts

Answer 6

1) Public Disclosure of Private facts

2) highly offense to a reasonable person

Question 7

Defamation

Affirmative Defense

Answer 7

1) Consent
2) Truth
3) Privilege

Question 8

Defamation First Amendment

Malice

Answer 8

1) Knowledge that statement was false, or

2) Reckless disregard as to whether it was false.

Question 9

2) Of or Concerning

Defamation

Answer 9

a reasonable reader, listener, or view would understand that the defamatory statement referred to the Plaintiff.

Question 10

Damage to Plaintiffs Reputation

Slander

Answer 10

Oral or Spoken

Prove Special Damages unless:
1) Adverse effect on business

2) Loathemsum Disease
3) Guilt ??/
4) Woman unchast.

Question 11

Privacy

Intrusion until Seclusion

Answer 11

Invasion into Plaintiff’s solitude of another or private affairs of or concerning if highly offensive.

1) intruding into P private place, conversation, or matters
2) Highly offensive to a reasonably person
3) Reasonable expectation of privacy

Question 12

Privacy

False Light

Answer 12

1) Publication of fact about Plaintiff by Defendant places Plaintiff in a False Light
2) Highly Offensive to a Reasonable Person
3) Malice

Question 13

Defamation

General Damages
Presumed

Answer 13

Pain and suffering, emotional distress, heonic, or qualify of life.

Question 14

Privacy

Appropriation

Answer 14

D uses P name or image for commercial purposes.

Element:
1) Unauthorized use of P name, likeness, or identify for D’s benefit or advantage.

2) General Pecuniary gain
3) Causation
4) damages