Harm to Economic and Dignitary Interests

Question 1

Defamation/Prima Facie

Answer 1

To establish a prima facie case for defamation, the following elements must be proved: a defamatory statement, concerning the plaintiff, was made to a third party, and it damaged plaintiff’s reputation.

Question 2

Defamation/Public Figure, Official, Matter

Answer 2

In addition, for public figures, public officials, or matters of public concern actual malice must be shown.

Question 3

Defamation/Malice

Answer 3

To establish malice, plaintiff must show the statement was false and it was made with knowledge that it was false or the statement was false and it was made with regardless disregard to whether it was true or false.

Question 4

Defamation/Libel Define

Answer 4

Libel is a written defamatory statement.

Question 5

Defamation/Libel Damages

Answer 5

For libel, plaintiff does not have to prove damages.

Question 6

Defamation/Slander Define

Answer 6

Slander is a spoken defamatory statement.

Question 7

Defamation/Slander Damages

Answer 7

For slander, plaintiff must prove special damages unless the defamatory statement is slander per se.

Question 8

Defamation/Slander Per Se Define

Answer 8

Slander per se is a statement that damages plaintiff’s business or professional reputation, claims plaintiff has a loathsome disease or has committed a crime or moral turpitude, or imputes a woman’s chastity.

Question 9

Defamation/Defenses

Answer 9

Consent and truth is a defense to defamation.

Question 10

Invasion of Right to Privacy/Appropriation

Answer 10

Defendant shall not use plaintiff’s name or likeness for commercial purposes without plaintiff’s consent. [Accuracy is not a defense.]

Question 11

Invasion of Right to Privacy/False Light

Answer 11

Defendant shall not disseminate material misrepresentations or falsehood about a plaintiff that would be objectionable to a reasonable person. [For public figures, public officials, or matters of public concern actual malice must be shown.]

Question 12

Invasion of Right to Privacy/Intrusion Upon Seclusion

Answer 12

Defendant shall not intrude on a plaintiff’s private affairs in a manner that would be objectionable to a reasonable person. Plaintiff must have a reasonable expectation of privacy. [There is no reasonable expectation of privacy for things held out to the public, things viewable from fly-overs with the naked eye (police may also take aerial photographs), handwriting, voice, smell, vehicle identification numbers, location, open fields outside the curtilage, (outside the dwellings and outbuildings, even if fenced in), or garbage placed outside.]

Question 13

Invasion of Right to Privacy/Disclosure

Answer 13

Defendant shall not disclose plaintiff’s confidential or private information that would be objectionable to a reasonable person.