Defamation and Other Torts

Question 1

Defamation is ________

Answer 1

A false, defamatory statement, concerning the P, in a publication, harmful to P’s reputation.

Question 2

How is damages determined in defamation actions?

Answer 2

Damages is dependent on the type of plaintiff that it is, whether it is a matter of public concern and whether it is slander per se.

Question 3

How is fault proven in a defamation action?

Answer 3

P must prove fault by D. Standard will vary based on whether the P is a public official/figure or private figure.

Private figure: negligence standard
Public Figure/Official: actual malice.

Question 4

Falsity

Answer 4

1. Public Figure/Official MUST prove falsity.
2. Private figure MUST prove falsity if the statement is a matter of public concern

NOTE: Private figure with a private matter MAY ask the D to prove TRUTH.

Question 5

Three Defenses to Defamation

Answer 5

1. Consent
2. Truth
3. Privilege

Question 6

Widespread publication of a falsehood or material misrepresentation about P that would be highly offensive to a reasonable person is _______

Answer 6

False light.