Defamation Flashcards

1
Q

Malicious or groundless harm to the reputation or good name of another by the making of a false statement to a third person. Also, a false written or oral statement that damages another’s reputation.

A

Defamation

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2
Q

A defamatory assertion expressed in a transitory form, especially speech. Especially false and defamatory words that are said in reference to another, such as those charging criminal conduct, imputing a horrible or loathsome disease, alleging malfeasance or incompetence in reference to the person’s professional responsibilities or otherwise causing special damages to the person’s reputation

A

Slander

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3
Q

Slander for which special damages need not be proved because it imputes to the plaintiff any one of the following: (1) a crime involving moral turpitude, (2) a loathsome disease (such as a sexually transmitted disease), (3) conduct that would adversely affect one’s business or profession, or (4) unchastity, especially of a woman.

A

Slander Per Se

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4
Q

A defamatory statement expressed in a fixed medium, especially writing but also a picture, sign, or electronic broadcast. Also, the act of making such a statement; the unprivileged publication of defamatory matter of written or printed words, by its embodiment in physical form or by any other form of communication that has the potentially harmful qualities characteristic of written or printed words.

A

Libel

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5
Q

Libel that is actionable in itself, requiring no proof of special damages. Also, libel that is defamatory on its face, such as the statement “Frank is a thief”.

A

Libel Per Se

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6
Q

Libel that is actionable only on allegation and proof of special damages. Also, libel in which the defamatory meaning is not apparent from the statement on its face but rather must be proved from extrinsic circumstances.

A

Libel Per Quod

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7
Q

The offer of extrinsic evidence to show that an allegedly defamatory statement referred to the plaintiff even though it did not explicitly mention the plaintiff. Also, the introductory averments in a plaintiff’s pleading setting out all the special circumstances that make the challenged words defamatory.

A

Colloquium

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8
Q

the extrinsic facts necessary to understand the defamation.

A

Inducement

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9
Q

a common law rule derived from the First Amendment rights of free speech and free press. The privilege applies to statements of opinion which have been made in good faith on matters of public interest. Covered by this privilege are opinions about newsworthy persons, events, products, art, works, etc.

A

Fair Comment Privilege

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