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Question 1

What is the role of the court and the jury in a defamation case?

Answer 1

• Court decides if the statement could be defamatory

- Jury decides if the plaintiff was actually defamed

Question 2

What are examples of a substantial respectable minority for defamation?

Answer 2

Experts in a field

Question 3

If a group that a defamation is published to is antisocial, what will the courts do?

Answer 3

They will often deny the claim

Question 4

If a criminal is angry that police publish that he snitched for them and thinks it lowered his reputation in the eyes of his criminal friends, can he have a defamation claim?

Answer 4

No, because the group it was published to is antisocial

Question 5

When would a defamatory statement not have to be one of fact?

Answer 5

If it suggests that the speaker has knowledge of certain facts, then it is the equivalent of a fact

Question 6

If an answer pick for defamation on the exam says, “in my opinion, Todd is not honest” could that support a defamation claim?

Answer 6

No, that would be opinion, so it wouldn’t be defamatory

Question 7

If someone says they saw someone else running out of the store with money in his hand yesterday, would that be defamatory?

Answer 7

No, but if it later comes to light that the store was robbed yesterday, it could be defamatory

Question 8

What does the plaintiff have to allege about a false fact for defamation, and what does the defendant have to do?

Answer 8

P must allege it was false, and defendant must prove it was true

Question 9

If something the defendant said turns out to be true, has there been a defamation?

Answer 9

No, there’s been no injury

Question 10

If you claim that a bank robber stole $50,000, when he only stole $7000, have you committed to defamation?

Answer 10

No, because you don’t have to prove that something is literally true, you just have to establish its sting

Question 11

The more specific the language, the more likely it will be considered fact or opinion for defamation?

Answer 11

Fact

Question 12

Does it matter if a defendant didn’t intend for a defamation to refer to the plaintiff?

Answer 12

No

Question 13

Who can be the subject of defamation?

Answer 13

Any living person, corporation, partnership, or other legally recognized entity

Question 14

Can a club, fraternity, or unincorporated association bring a defamation claim?

Answer 14

No

Question 15

If someone is dead, can there be a defamation suit for them?

Answer 15

Not unless it was started before they died, in that case the suit can continue

Question 16

What is a colloquium for defamation?

Answer 16

When plaintiff isn’t actually named in the communication, he must use this to connect himself to it and show that people reasonably interpreted the statement to apply to him

Question 17

What is an innuendo in relation to defamation?

Answer 17

Statement isn’t defamatory without extrinsic facts, so plaintiff has to prove the extra facts combined with the statement constituted the defamation

Question 18

Is it possible to have group defamation?

Answer 18

Yes, so long as the group is small, defamation can apply to each member

Question 19

What is the question to ask if there’s a situation of group defamation?

Answer 19

Whether it is reasonably understood as referring to the plaintiff as a member of that group

Question 20

If you have a large group, is it likely that there was defamation?

Answer 20

It is not likely that each person will have their own claim

Question 21

If someone says that all lawyers are shysters, is that considered defamation?

Answer 21

No, it doesn’t defame a specific lawyer

Question 22

Sometimes groups as big as -____________ can be concerning individual members for defamation

Answer 22

25 people

Question 23

In order for a defamation to occur, does a person have to be alive?

Answer 23

Yes

Question 24

How can corporations or businesses be defamed?

Answer 24

If the communication deters other people from dealing with them

Question 25

If a statement in a novel is actually about a person, can that be a defamation?

Answer 25

Yes

Question 26

If the plaintiff’s name is used in a book, or article, but it wasn’t referring to that specific plaintiff, can he have a claim for defamation?

Answer 26

yes, if he can prove that the name use lead to defamation

Question 27

What is the most heavily tested area of defamation?

Answer 27

The published or reproduced element

Question 28

How many people does a communication have to reach to count as defamation?

Answer 28

Only one person has to receive it and understand it beside the plaintiff

Question 29

What is the definition of publication for defamation?

Answer 29

Any action that causes a statement to be communicated to a third person

Question 30

What is recovery for defamation meant to do?

Answer 30

Remedy damage to your reputation

Question 31

If the defendant didn’t intend for anyone else to read or see a defamation, what question must you ask?

Answer 31

If he was negligent in not realizing it would be discovered by a third-party

Question 32

If a statement is only made to a plaintiff and wasn’t seen or heard by anyone else, could that be a defamation?

Answer 32

No, because it didn’t harm the plaintiff’s reputation

Question 33

Can publishing happen by something other than words for defamation?

Answer 33

Yes, it can be gestures or other conduct also

Question 34

If there was an unforeseen eavesdropper, can you be liable for defamation?

Answer 34

No, then you didn’t publish

Question 35

Who is considered to be part of the chain of participation for defamation?

Answer 35

Anyone that participates in the original message

Question 36

If a statement is made in a foreign language, then what has to be shown in order for defamation to apply?

Answer 36

That at least one person understand the language

Question 37

Who are considered participants in the chain of participation for defamation?

Answer 37

Authors, editors, publishing companies, etc.

Question 38

Who is considered an original publisher for defamation?

Answer 38

Anyone with any part in the original publication like:

• newspapers
• reporters
• editors
• publishers
• distributors
• owners of any of these businesses because of respondeat superior

Question 39

If a repeater of a publication that is defamatory qualifies the recitation with something like “alleged”, does that make it so that he is not a defamer?

Answer 39

No

Question 40

If it is reasonably foreseeable that your defamatory message would be republished, what are you liable for?

Answer 40

Additional damages caused by the republications

Question 41

If you don’t remove a defamation posted on your premises by someone else, what is your liability?

Answer 41

That is negligent republication

Question 42

If someone scrawls a defamation on the men’s bathroom wall, and you own the restaurant, what is your liability?

Answer 42

You need to remove it, or you will be a negligently republisher

Question 43

Where does liability lie for defamation when republication occurs?

Answer 43

The original defamer is liable for the increase in harm if the republication was intended or reasonably foreseeable

Question 44

How is a republication of a defamation, unless privileged, treated?

Answer 44

As a new publication

Question 45

What is the liability for distributors or disseminators when defamation is involved?

Answer 45

They are liable if they knew/should have known the material had a defamatory message

Question 46

What are some examples of distributor/disseminators of defamation?

Answer 46

Booksellers, newspaper vendors, etc.

Question 47

What is the liability for a printer of information that is defamatory?

Answer 47

Independent contract printers have no duty to inspect a publication for defamatory content

Question 48

Where’s the liability when it comes to eavesdroppers for defamation?

Answer 48

The message is published if D negligently allows it to be communicated to a third person, or it was reasonably foreseeable someone would overhear it

Question 49

What is a libel proof plaintiff?

Answer 49

People who already have such a bad reputation that a false statement wouldn’t hurt them cannot bring a defamation claim

Question 50

What is an example of a libel proof plaintiff?

Answer 50

A convicted murderer can’t sue because of a false report that he also raped the victim