Defamation

Question 1

Elements for Defamation

Answer 1

1. A false defamatory statement that specifically identifies the plaintiff
2. Published to a third party
3. Fault on the part of the defendant
4. Damage to the plaintiff’s reputation

-can’t be dead but can be corporation, partnership, etc

Question 2

Pleading “colloquium.”

Answer 2

If the statement does not refer to the plaintiff on its face, extrinsic evidence may be offered to establish that the statement refers to the plaintiff

Question 3

What is publication in terms of defamation?

Answer 3

communication of the defamation to a third person who understands it
- can be made negligently or intentionally

Question 4

Definition of Actual Malice

Answer 4

• Knowledge that the statement was false OR
• Reckless disregard as to whether it was false

Question 5

What must be proved in defamation cases brought by public officials and public figures?

Answer 5

actual malice

Question 6

What must be proved in defamation cases brought by private persons?

Answer 6

negligence

Question 7

Libel v. Slander

Answer 7

Libel: defamatory statement that is written
Slander: oral

Question 8

Libel per se

Answer 8

is a defamatory statement that is actionable in itself

Question 9

Libel per quod

Answer 9

the statement is defamatory when actual damages are proven using extrinsic evidence

Question 10

Defenses to defamation

Answer 10

1. consent
2. truth
3. privilege

Question 11

qualified privilege

Answer 11

arises only when there is a public interest in encouraging candor
- determined on a case by case basis