LG 1

Question 1

negligence

Answer 1

occurs when someone forgets to use due care resulting in someone else being injured

Question 2

libel

Answer 2

defamatory (damaging the good reputation of someone) statement put into fixed form

Question 3

slander

Answer 3

defamatory statement that is spoken

Question 4

requirements of defamation

Answer 4

1. Statement is made
2. the statement is to a third party
3. statement is about another person
4. the statement is false
5. statement is likely to harm the person reputation

Question 5

disparagement

Answer 5

false facts about a companies products or services

Question 6

libel per se

Answer 6

permits private individuals and public figures to bring a claim without damages (criminal conduct statements can be an example)

Question 7

Malice

Answer 7

knowledge of falsity or reckless disregard for the truth

Question 8

truth

Answer 8

a defense to defamation must have proof simply believing in somethinge will not win a jury over

Question 9

opinion

Answer 9

a defense to defamation must have proof simply believing in something will not win a jury over (do people think what your saying is fact)

Question 10

fair report

Answer 10

a defense to defamation( must reflect gist of the proceedings and indicate the source)

Question 11

consent

Answer 11

a defense to defamation if consent by the opposing party is given in writing they can not later claim defamation

Question 12

retraction

Answer 12

not technically a defense but since you can still be sued for defamation after retraction some states have statutes that will reduce your liability

Question 13

Jane or John Doe subpoenas

Answer 13

supreme court ruling that you do not have to speak anonymously on the internet without liability and certain subpoenas are issued to identify those who do so

Question 14

misappropriation

Answer 14

use of someone’s likeness or name without his or her consent

Question 15

invasion of privacy

Answer 15

occurs when you use someones name, image or other information that leads to cause them embarrassment

Question 16

Communication Decency Act CDA

Answer 16

it only protects you from post made by others on your website

Question 17

Contributory infringement

Answer 17

someone knowingly assist in infringing activity

Question 18

Vicarious liability

Answer 18

infringement occur without knowledge but you are responsible for supervising the activity or had financial interest in the out come

Question 19

Strategic lawsuit against public participation

SLAPP

Answer 19

to silence critics by burdening them with the cot of defending a legal action against them

Question 20

A claim of false light

Answer 20

an individual is falsely portrayed in an offensive manner

Question 21

right of publicity

Answer 21

prevents people from profiting of a alive persons name or likeness