Defamation

Question 1

Defamation overarching rule

Answer 1

To establish a prima facie case for defamation, must prove 4-6 elements

Question 2

Defamation 4-6 elements that must be proved

Answer 2

1. Defamatory language
2. Of or concerning P
3. Publication
4. Damage to P’s reputation
   CONSTITUTIONAL ISSUES
5. Falsity
6. Fault of D

Question 3

Defamatory Language element

Answer 3

tending to adversely affect one’s reputation.

Question 4

Defamatory language: what must opinions be based on to be actionable?

Answer 4

specific facts

Question 5

Defamation: Of or concerning P element

Answer 5

reasonable person would understand that the statement referred to P (incl. w/in small group)

Question 6

Defamation: publication element

Answer 6

someone other than P received and reasonably understood the defamatory matter due to D’s negligent or intentional publication (intent to publish, not to defame)

Question 7

Defamation: damage to P’s reputation types

Answer 7

must be proved depending on type of defamation (libel or slander)

Question 8

Defamation: libel

Answer 8

any communication that has some permanence (e.g., writing, radio, TV, photo)

Question 9

Defamation: libel damages

Answer 9

general damages presumed

Question 10

Defamation: slander

Answer 10

spoken, oral defamation