Harm to Economic and Dignitary Interests

Question 1

Defamation

Answer 1

the law of defamation is divided into two parts: common law elements and the constitutional requirements.

Question 2

What are the elements of common law defamation?

Answer 2

1. defamatory language
2. of or concerning the plaintiff
3. publication thereof by defendant to a third person
4. damage to plaintiff’s reputation

Question 3

If the defamation involved a matter of public concern

Answer 3

the Constitution requires the plaintiff to prove two additional elements:

1) falsity of defamatory language
2) fault on the part of defendant

Question 4

defamatory language

Answer 4

language tending to adversely affect one’s reputation. A statement of opinion is actionable only if it appears to be based on specific facts, and an express allegation of those facts would be defamatory. name calling is insufficient.

Question 5

Of or concerning plaintiff

Answer 5

the plaintiff must establish that a reasonable reader, listener, or viewer would understand that the defamatory statement referred to the plaintiff

Question 6

Colloquium

Answer 6

If the statement does not refer to plaintiff on its face, extrinsic evidence may offered to establish that the statement refers to the plaintiff.

Question 7

publication

Answer 7

communication of the defamation to a third person who understands it. This can be made intentionally or negligently. No publication if only to the plaintiff.

Question 8

Who may be liable?

Answer 8

primary publishers like newspapers, TV stations are liable to the same extent as the author or speaker. One who repeats a defamation is liable on the same general basis as the primary publisher even if she states the source or makes it clear that she does not believe defamation. one selling the papers or playing tapes is a secondary publisher is only liable if he knows or should know the defamatory content.

Question 9

libel

Answer 9

libel is written or printed publication of defamatory language. Plaintiff does not need to prove special damages and general damages are presumed

Question 10

Slander

Answer 10

spoken defamation. Plaintiff must prove special damages, unless defamation falls within slander per se categories; i.e., defamatory statements that:

1. Adversely reflect on one’s conduct in a business or profession
2. one has loathsome disease
3. One is or was guilty of a crime involving moral turpitude or
4. a woman is unchaste

Question 11

Radio and television broadcasts are

Answer 11

libel

Question 12

First Amendment Concerns

Answer 12

1. falsity of the statement and

2. fault on the part of defendant

Question 13

Fault of defendant’s part

Answer 13

depends on the plaintiff’s status

1. public official or figure must prove actual malice

Question 14

Actual malice

Answer 14

1. knowledge that the statement was false

2. reckless disregard as to whether it was false

Question 15

public figure

Answer 15

a person achieving pervasive fame or notoriety or by voluntarily assuming a central role in a particular public controversy.

Question 16

private person/matter of public concern

Answer 16

at least negligence as to statements truth or falsity. Damages only for proved actual injury.

Question 17

private person/matter of private concern

Answer 17

no fault as to truth or falsity need be proved. Presumed damages under common law rules.

Question 18

defenses to defamation

Answer 18

1. consent

2. truth

Question 19

Invasion of right to privacy

Answer 19

1. appropriate of plaintiff’s picture or name
2. intrusion on plaintiff’s affairs or seclusion
3. publication of facts placing plaintiff in false light
4. public disclosure of private facts about plaintiff

Question 20

Appropriation of plaintiff’s picture or name

Answer 20

it is necessary to show unauthorized use of plaintiff’s picture or name for defendant’s commercial advantage

Question 21

Intrusion on plaintiff’s affairs or seclusion

Answer 21

the act of prying or intruding must be highly offensive to a reasonable person. Furthermore, the thing into which there is an intrusion must be private. Photos taken in public places are not actionable.

Question 22

Publication of facts placing plaintiff in false light

Answer 22

false light exists where one attributes to plaintiff views he does not hold or actions he did not take. the false light must be something highly offensive to a reasonable person under the circumstances

Question 23

Public disclosure of private facts about plaintiff

Answer 23

this wrong involves public disclosure of private information about plaintiff. the public disclosure must be highly offensive to a reasonable person of ordinary sensibilities.

Question 24

Intentional Misrepresentation

Answer 24

1. misrepresentation of a material past or present fact
2. scienter when defendant made the statement, she knew or believed it was false or that there was no basis for the statement
3. intent to induce plaintiff to act or refrain from acting in reliance upon the misrepresentation
4. causation (actual reliance)
5. justifiable reliance
6. damages (plaintiff must suffer actual pecuniary loss)

Question 25

Negligent misrepresentation

Answer 25

1. misrepresentation by defendant in a business or professional capacity
2. breach of duty toward a particular plaintiff
3. causation
4. justifiable reliance
5. damages

Question 26

Interference with business relations (prima facie case)

Answer 26

1. valid contractual relationship or valid business expectancy
2. defendant’s knowledge of the relationship or expectancy
3. intentional interference by defendant inducing a breach or termination of the relationship or expectancy
4. damages

Question 27

privileges

Answer 27

proper attempt to obtain business for itself or protect its interest. if defendant 1) interfered only with plaintiffs business rather than contracts, used commercially acceptable means of persuasion rather than illegal or threatening tactics, is a competitor, or has a financial interest for a third p

Question 28

wrongful institution of legal proceedings

Answer 28

1) institution of criminal proceedings against plaintiff
2) termination in plaintiff’s favor
3) absence of probable cause for prior proceedings
4) improper purpose
5) damages

Question 29

Prosecutors

Answer 29

immune from liability

Question 30

abuse of process

Answer 30

1) wrongful use of process for an ulterior purpose, and

2) definite act or threat against plaintiff in order to accomplish an ulterior purpose.