Page 43 Flashcards
What is the role of the court and the jury in a defamation case?
- Court decides if the statement could be defamatory
- Jury decides if the plaintiff was actually defamed
What are examples of a substantial respectable minority for defamation?
Experts in a field
If a group that a defamation is published to is antisocial, what will the courts do?
They will often deny the claim
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?
No, because the group it was published to is antisocial
When would a defamatory statement not have to be one of fact?
If it suggests that the speaker has knowledge of certain facts, then it is the equivalent of a fact
If an answer pick for defamation on the exam says, “in my opinion, Todd is not honest” could that support a defamation claim?
No, that would be opinion, so it wouldn’t be defamatory
If someone says they saw someone else running out of the store with money in his hand yesterday, would that be defamatory?
No, but if it later comes to light that the store was robbed yesterday, it could be defamatory
What does the plaintiff have to allege about a false fact for defamation, and what does the defendant have to do?
P must allege it was false, and defendant must prove it was true
If something the defendant said turns out to be true, has there been a defamation?
No, there’s been no injury
If you claim that a bank robber stole $50,000, when he only stole $7000, have you committed to defamation?
No, because you don’t have to prove that something is literally true, you just have to establish its sting
The more specific the language, the more likely it will be considered fact or opinion for defamation?
Fact
Does it matter if a defendant didn’t intend for a defamation to refer to the plaintiff?
No
Who can be the subject of defamation?
Any living person, corporation, partnership, or other legally recognized entity
Can a club, fraternity, or unincorporated association bring a defamation claim?
No
If someone is dead, can there be a defamation suit for them?
Not unless it was started before they died, in that case the suit can continue
What is a colloquium for defamation?
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
What is an innuendo in relation to defamation?
Statement isn’t defamatory without extrinsic facts, so plaintiff has to prove the extra facts combined with the statement constituted the defamation
Is it possible to have group defamation?
Yes, so long as the group is small, defamation can apply to each member
What is the question to ask if there’s a situation of group defamation?
Whether it is reasonably understood as referring to the plaintiff as a member of that group
If you have a large group, is it likely that there was defamation?
It is not likely that each person will have their own claim
If someone says that all lawyers are shysters, is that considered defamation?
No, it doesn’t defame a specific lawyer
Sometimes groups as big as -____________ can be concerning individual members for defamation
25 people
In order for a defamation to occur, does a person have to be alive?
Yes
How can corporations or businesses be defamed?
If the communication deters other people from dealing with them
If a statement in a novel is actually about a person, can that be a defamation?
Yes
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?
yes, if he can prove that the name use lead to defamation
What is the most heavily tested area of defamation?
The published or reproduced element
How many people does a communication have to reach to count as defamation?
Only one person has to receive it and understand it beside the plaintiff
What is the definition of publication for defamation?
Any action that causes a statement to be communicated to a third person
What is recovery for defamation meant to do?
Remedy damage to your reputation
If the defendant didn’t intend for anyone else to read or see a defamation, what question must you ask?
If he was negligent in not realizing it would be discovered by a third-party
If a statement is only made to a plaintiff and wasn’t seen or heard by anyone else, could that be a defamation?
No, because it didn’t harm the plaintiff’s reputation
Can publishing happen by something other than words for defamation?
Yes, it can be gestures or other conduct also
If there was an unforeseen eavesdropper, can you be liable for defamation?
No, then you didn’t publish
Who is considered to be part of the chain of participation for defamation?
Anyone that participates in the original message
If a statement is made in a foreign language, then what has to be shown in order for defamation to apply?
That at least one person understand the language
Who are considered participants in the chain of participation for defamation?
Authors, editors, publishing companies, etc.
Who is considered an original publisher for defamation?
Anyone with any part in the original publication like:
- newspapers
- reporters
- editors
- publishers
- distributors
- owners of any of these businesses because of respondeat superior
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?
No
If it is reasonably foreseeable that your defamatory message would be republished, what are you liable for?
Additional damages caused by the republications
If you don’t remove a defamation posted on your premises by someone else, what is your liability?
That is negligent republication
If someone scrawls a defamation on the men’s bathroom wall, and you own the restaurant, what is your liability?
You need to remove it, or you will be a negligently republisher
Where does liability lie for defamation when republication occurs?
The original defamer is liable for the increase in harm if the republication was intended or reasonably foreseeable
How is a republication of a defamation, unless privileged, treated?
As a new publication
What is the liability for distributors or disseminators when defamation is involved?
They are liable if they knew/should have known the material had a defamatory message
What are some examples of distributor/disseminators of defamation?
Booksellers, newspaper vendors, etc.
What is the liability for a printer of information that is defamatory?
Independent contract printers have no duty to inspect a publication for defamatory content
Where’s the liability when it comes to eavesdroppers for defamation?
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
What is a libel proof plaintiff?
People who already have such a bad reputation that a false statement wouldn’t hurt them cannot bring a defamation claim
What is an example of a libel proof plaintiff?
A convicted murderer can’t sue because of a false report that he also raped the victim
