Harm to Economic and Dignitary Interests

Question 1

Common Law Defamation

Answer 1

defamatory language of or concerning the plaintiff published by the defendant to a third person which damages the plaintiff’s reputation.

Question 2

Constitutional Defamation

Answer 2

defamatory language of or concerning the plaintiff published by the defendant to a third person which damages the plaintiff’s reputation which is knowingly false.

Question 3

Defamatory Language

Answer 3

language which tends to adversely affect one’s reputation.

Question 4

When is an opinion actionable on defamation grounds?

Answer 4

only if it appears to be based on specific facts and an assertion of those facts would be actionable under defamation.

Question 5

If a plaintiff knows a phrase to be meant in a defamatory manner, but the statement does not appear defamatory on its face, what can the plaintiff do to bring it under defamation?

Answer 5

the plaintiff can, if possible, plead additional facts which show the statement was induced as innuendo.

Question 6

Who can be defamed?

Answer 6

any living person. No dead person can be defamed.

Question 7

Publication

Answer 7

communication of the defamation to the third person who understands it.

Question 8

Publication can be made __________ or ___________.

Answer 8

intentionally or negligently

Question 9

When a statement is repeated, what result?

Answer 9

it is treated as a new publication.

Question 10

What is the exception to the repetition of publication rule?

Answer 10

all editions of newspapers/magazines, etc. are all considered a singly publication.

Question 11

Is a TV or radio station as liable for defamation as the person who originally uttered the statement?

Answer 11

yes

Question 12

Is the paper boy equally liable as the person who uttered the statement?

Answer 12

only if he knows or should know of the defamatory statement.

Question 13

Defamation consists of what two torts?

Answer 13

Slander and libel

Question 14

Slander

Answer 14

spoken defamation

Question 15

Libel

Answer 15

written defamation

Question 16

Slander requires a showing of what kind of damages?

Answer 16

special damages.

Question 17

Libel shows what kind of damages?

Answer 17

none, damages are presumed.

Question 18

When does a plaintiff not need to prove special damages under slander?

Answer 18

where the statement falls within slander per se.

Question 19

Slander per se includes what kinds of statements?

Answer 19

false statements about 1) one’s profession; 2) someone having a loathsome disease; 3) someone committing a crime involving moral turpitude; and 4) that someone is unchaste.

Question 20

Are untrue statements made on television or radio libel or slander?

Answer 20

libel

Question 21

To get damages for defamation, a public figure/official must show what?

Answer 21

actual malice

Question 22

Actual Malice

Answer 22

knowledge that a statement is false or reckless disregard for the truth.

Question 23

Where a private person is suing another for defamation on statements regarding a matter of public concern, what level of intent is required?

Answer 23

negligence

Question 24

Where a defendant is negligent in making a defamatory statement about a matter of public concern, what kind of damages can be recovered?

Answer 24

only actual damages

Question 25

Are actual damages restricted to economic damages?

Answer 25

no

Question 26

What kinds of people are absolutely privileged from defamation?

Answer 26

judicial proceedings, legislative proceedings, public officials in their official capacities, compelled broadcasts, and communications between spouses.

Question 27

What are the four types of invasion of privacy?

Answer 27

appropriation; intrusion; false light publicity; and public disclosure of private facts.

Question 28

Must a plaintiff plead special damages in invasion of privacy?

Answer 28

no

Question 29

Appropriation

Answer 29

the unauthorized use of a person's picture or name for defendant's commercial advantage.

Question 30

Intrusion

Answer 30

prying or intruding into a private place which is highly offensive to a reasonable person.

Question 31

Are pictures taken in public actionable on intrusion grounds?

Answer 31

no

Question 32

False Light Publicity

Answer 32

one attributing to the plaintiff views he does not hold or actions he did not take which are highly offensive to a reasonable person under the circumstances.

Question 33

Public Disclosure of Private Facts

Answer 33

public disclosure of private information about the plaintiff which is highly offensive to a reasonable person

Question 34

Does the right of privacy apply to corporations?

Answer 34

no

Question 35

Intentional Misrepresentation (Fraud, Deceit)

Answer 35

misrepresentation of a material past or present fact which the speaker knew or believed to be false with the intent to induce the plaintiff to act or refrain from acting in reliance upon the misrepresentation causing justifiable reliance and damages.

Question 36

What defenses are there to intentional misrepresentation?

Answer 36

none

Question 37

Negligent Misrepresentation

Answer 37

misrepresentation by defendant in a business or professional setting which breaches a duty toward a particular plaintiff causing justifiable reliance and damages.

Question 38

Interference with Business Relations

Answer 38

the existence of a valid contractual relationship between the plaintiff and a third party or a valid business expectancy of the plaintiff which the defendant is aware of and intentionally causes a breach of termination and damages.