Exam 2

Question 1

Defamation

Answer 1

an expression that tends to damage a person’s reputation and good name, or a right to enjoy social contacts, or a profession, business, or calling.

Question 2

Libel

Answer 2

written or printed defamation

Question 3

Criminal Libel

Answer 3

government statutes that punish criticism of government.

Question 4

Civil Libel

Answer 4

lawsuit between private parties.

Question 5

Slander

Answer 5

spoken defamation

Question 6

Libel per se

Answer 6

The words, on their face, are injurious.

Question 7

Libel per quod

Answer 7

The words are injurious in the context of other words.

Question 8

Trade Libel

Answer 8

Where you libel a company’s product.

Question 9

Plaintiff’s Burden of Proof: Identification

Answer 9

If you accidentally misidentify someone, that can be considered libel. You can identify people by description or by name.

Question 10

Plaintiff’s Burden of Proof: Fault

Answer 10

publication was a result of recklessness or negligence.

Question 11

Plaintiff’s Burden of Proof (Fault): Strict Liability

Answer 11

Prior to 1964, an individual suing only had to meet the “strict liability test”. No requirement on whether or not it was true, only that you were strictly liable for what was said.

Question 12

Plaintiff’s Burden of Proof (Fault): Public Official

Answer 12

A public official has to prove “actual malice” or “reckless disregard for the truth”.

Question 13

Plaintiff’s Burden of Proof (Fault): All-purpose public figures

Answer 13

An all-purpose figure has to prove “actual malice” or “reckless disregard for the truth”.

Question 14

Plaintiff’s Burden of Proof (Fault): Limited or vortex public figure

Answer 14

Someone thrown into the lime-light. Has to prove “actual malice” or “reckless disregard for the truth”.

Question 15

Plaintiff’s Burden of Proof (Fault): Private Individuals

Answer 15

All a private individual has to prove is negligence.

Question 16

Plaintiff’s Burden of Proof: Falsity

Answer 16

a burden only for persons suing for defamation related to matters of public concern.

Question 17

Plaintiff’s Burden of Proof: Personal Harm

Answer 17

loss of business, emotional distress, or reputation.

Question 18

Plaintiff’s use of SLAPP

Answer 18

• Strategic Lawsuits against public participation.
• Used by plaintiffs to harass their critics into silence. Create a “Chilling Effect.” Cases rarely won with this tactic.
• States have passed Anti-SLAPP statutes.

Question 19

Reckless Disregard for Truth