Defamation - Causes of Actions Flashcards

1
Q

Defamation

A

The publication of a false statement to a third party that holds one up to hatred, contempt, or ridicule

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2
Q

Defamation (Libel/Slander) Analysis

A
  1. What is the statement in question?
  2. Is it true?
  3. Was it communicated to one person?
  4. did the person communicate the statement intentionally, recklessly, or negligently (think without due care)?
  5. Would the statement be damaging?
  6. if the statement is slander expect special damages
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3
Q

Defamation Libel

A

Defamation Libel is the publication of defamatory statement by written word

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4
Q

Defamation Libel per se

A

Defamation Libel per se is libel that is clear on its face

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5
Q

Defamation Libel per se Examples

A
  1. Damaging trades or business
  2. Crime of moral turpitude (malice, viciousness)
  3. Loathsome disease (STD, Leprosy, plague)
  4. Woman is unchaste
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6
Q

Defamation Slander

A

Defamation slander is the publication of defamatory matter by spoken words

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7
Q

Defamation Slander per se

A

Defamation slander per se is slander that is clear on its face

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8
Q

Defamation Slander per se Examples

A

Damaging trades or business
Crime of moral turpitude (malice, viciousness)
Loathsome disease (STD, Leprosy, plague)
Woman is unchaste

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