Defamation and Related Torts (Ch. 13)

Question 1

Absolute Privileges

Answer 1

Absolute defense to defamation, regardless of defendant’s motives

Question 2

Actual Malice

Answer 2

Acting with knowledge of the falsity of one’s statement or with reckless disregard as to the truth or falsity of one’s statement

Question 3

Appropriation

Answer 3

Use of the value of P’s name or picture for D’s financial gain

Question 4

Defamation

Answer 4

Statement that tends to harm the reputation of another, encompassing both libel and slander

Question 5

False Light

Answer 5

Representing the P to the public in a way that would be highly offensive to a reasonable person

Question 6

Injurious Falsehood

Answer 6

False disparagement of a P’s business, product, or property rights

Question 7

Innuendo

Answer 7

Use of extrinsic facts to convey the defamatory meaning of a statement

Question 8

Libel

Answer 8

Written defamatory statements

Question 9

Pecuniary

Answer 9

Monetary; that which can be valued in terms of money

Question 10

Presumed Damages

Answer 10

Damages that ordinarily stem from a defamatory statement and that do not require the showing of actual harm

Question 11

Publication

Answer 11

Hearing or seeing of a defamatory statement by someone other than the P

Question 12

Public Figure

Answer 12

One who has achieved persuasive fame or notoriety or who becomes involved in a public controversy

Question 13

Qualified Privileges

Answer 13

Privilege that applies only when a D acts on the basis of certain well-defined purposes

Question 14

Slander

Answer 14

Oral defamatory statements

Question 15

Slander of Title

Answer 15

False disparagement of the P’s property rights

Question 16

Slander Per Se

Answer 16

Slander in which pecuniary harm can be assumed

Question 17

Special harm

Answer 17

Harm of a pecuniary nature

Question 18

Trade libel

Answer 18

False disparagement of the P’s good or business