Defemation

Question 1

Defamation

Answer 1

1) False statement (not true)
2) Which was publicated (heard and understood by a person)
3) That harms P’s reputation
4) That results in damage

Question 2

A private person being defamed must prove

Answer 2

That the D acted with negligence

Question 3

A public person being defamed must prove

Answer 3

Malice /reckless disregard for the truth

Question 4

Libel (writing)

Answer 4

No need to prove special damages

Question 5

Slander (spoken)

Answer 5

Must prove special damages

Question 6

Slander Per Se

Answer 6

Damages are presumed
1) Statement about profession or trade
2) Chasity of a woman
3) Accusing someone of a felony
4) accusing someone of having a sexual disease

Question 7

Virginia doe snot distinguish between

Answer 7

Libel and Slander

Question 8

Virginia Quotations that are falsely attributed to P

Answer 8

are actionable as defamation regardless of the truth or fallacy of the substance of the reputation and long as the attribution injures the plaintiffs reputation

Question 9

n Virgina, a broadcaster

Answer 9

be liable for a defamatory statement made in radio or television by a a third party only if the broadcast fails to exercise due care to prevent the statement from being broadcast
A broadcast is not liable under Virginia law for defamatory statements made by or on behalf of political candidates

Question 10

In Virginia, libel per se is actionable without proof of special damages

Answer 10

Libel per quod requires proof of special damages

Question 11

In Virgina, a private individual may recover actual compensatory damages for a defamatory publication if the private individual shows by a preponderance of the evidence that

Answer 11

1) The publication was false; and

2) The D either know it to be false, or believing it to be true, either lacked
Reasonable grounds for that belief or acted negligent in failing to ascertain the facts on which the publication was based

The burden to show falsity is on the Plaintiffs

Question 12

Immunity

Answer 12

A person is immune from liability for defamation based on statement that either Related to a matter of public concern that would be protected by the first amendment or Are made at a public hearing or governmental body

Immunity is lost if the person makes the statements with
Actual or constructive knowledge they are false; or
Reckless disregard for weather the statements are false