Missing Unit 2 Flashcards

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1
Q

Who bears initial burden of proof in libel case

A

Plaintiff

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2
Q

Elements of libel

Must prove

A
Published 
If and concerning the plaintiff
Defamatory
False
Fault
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3
Q

Are distributed at fault in libel Case

A

No as long as they did not have scienter

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4
Q

Defamation considerations

Juries and judges consider

A

Words in light of ordinary meaning
Innuendo as potentially defamatory
Words in context
Opinion

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5
Q

Private person plaintiff must only prove falsity if

A

It is a matter of public concern

Otherwise prove truth

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6
Q

Public official : someone appointed or hired for govt. job may be public official based on

A

Level of resp.
Kind of resp.
Whether they have control of public money
The nature of the job

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7
Q

Nature of the story

A

Public officials must prove actual malice when the libelous remarks Concern their fitness for the job or the way they conduct themselves in public office

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8
Q

Limited purpose public figures

A

Public controversy must exist before libel published

Plaintiffust voluntarily participate

Plaintiff must be seeking to influence public opinion

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9
Q

Legitimate public concerns and newsworthiness

A

Social value of private facts that were published

How deeply the disclose facts cut into private affair

The extent to which the individual voluntarily rose to public notoriety

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