Defamation - Claims

Question 1

The 3 Elements of a Defamation Claim are:

Answer 1

1) The Defendant must make a defamatory statement specifically identifying the plaintiff;
2) There must be publication(sharing) of the statement;
3) There must be resultant damage (Libel Damage or Slander Damage)

Question 2

First Element of Defamation, the Defamatory Statement. Specifics.

Answer 2

A statement is defamatory when it adversely affects reputation interests, NOT feelings.

Question 3

A defamatory statement usually takes the form of

Answer 3

a declaration/allegation of fact that reflects negatively on one’s character. Must identify the plaintiff using identifying characteristics, but not necessarily a name.

Question 4

Name Calling is USUALLY not defamation. Why?

Answer 4

Name calling lacks content or data that would lower the reputation of the name callee.

Question 5

Second Element of Defamation, Publication. The publication does not need to be intentional, it may simply be

Answer 5

careless/negligent/inadvertent. A statement is considered “published” when even one third-party hears it.

Question 6

Third Element of Defamation: Damages. The two kinds of Defamation Damages are:

Answer 6

1) Libel Damages

2) Slander Damages

Question 7

Libel Damages involve defamatory statements that

Answer 7

Are published in some permanent/recorded fashion.

Question 8

Plaintiffs claiming Libel Damages do NOT have to

Answer 8

prove damages. Damages are presumed.

Question 9

Slander Damages involve defamatory statements that are

Answer 9

Oral.

Question 10

“Slander Per Se” refers to slander towards specific groups, or of a specific type. The four types of Slander Per Se are

Answer 10

1) Oral/Spoken Statement relating to Plaintiff’s Business or Profession;
2) Statement Alleging that Plaintiff has committed a serious crime;
3) Statement imputing un-chastity to women;
4) Statement that plaintiff suffers from a loathsome disease.

Question 11

In Slander Per Se, damages will be

Answer 11

presumed. If Slander is NOT per se, plaintiff has burden of showing actual damages, i.e. economic harm, NOT social harm.