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Flashcards in Defamation Deck (35)
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1

Defamation elements?

D must make a defamatory statement specifically identifying the plaintiff

There must be publication of the statement

There must be damage to the reputation of the plaintiff

2

A statement is considered to be defamatory when it does what?

Adversely affects reputation.

3

John Doe is a no-good, son of a bitch. Defamatory statement?

No. Mere insults not enough for defamation.

4

John Doe is embezzling money from his clients. Defamatory statement?

Yes. Statement of fact reflects negatively on his character

5

A defamatory statement must specifically identify . . .

the plaintiff

6

A defamatory statement must expressly identify a specific individual. T or F?

No, just needs to be so that a specific person can be identified.

7

Is there liable for defamation of a dead person?

No.

8

The word "publication" in the defamation context means

It has been intentionally or negligently communicated to a third person.

9

"Publication" requires just intentional or negligent communication to how many people?

Just one "third person."

10

If "publication" requires dissemination to just one person, why is the number of people who ultimately hear the information important?

Measure of damages.

11

Under traditional CL rules, _____ are presumed in certain types of defamation litigation.

damages

12

Libel involves a case in which the defamatory statement is . . .

Written, printed, or recorded.

13

Slander involves a case in which the defamatory statement is . . .

Oral or spoken.

14

Very hurtful slander is treated like _____.

Libel

15

In a slander per se case, plaintiff does not need to do what?

Doesn't need to prove damages

16

What are the four categories of slander per se?

Statement relating to plaintiff's business or profession

Statement that plaintiff committed a serious crime.

Statement that "imputes unchastity to a woman"

Statement indicating that the plaintiff suffers from a loathsome disease (e.g., leprosy, STDs)

17

Slander NOT per se requires evidence of _____ to get to the jury.

Damages

18

Slander per se does not require evidence of ________ to get to the jury.

Damages

19

Evidence of damages must show what type of harm?

Economic.

20

Is consent a defense for defamation?

Yes

21

Is truth a defense for defamation?

Yes

22

T or F? Truth defeats a defamation claim.

True

23

What are the two Privilege subgroups?

Absolute

Qualified

24

Absolute privilege from defamation is usually conferred based on whose status?

Defendant's

25

If a married person says something defamatory (about someone else or them) to his or her spouse .. .

There is nothing you can do. There is an absolute privilege.

26

Government officials do/don't receive immunity from defamation.

Do

27

The government official privilege for defamatory statements do/don't apply to lawyers.

True

28

Qualified privileges are based on . . .

The situation that gave rise to the speech.

29

Qualified privileges arise when there is a public interest in what?

Encouraging candor.

30

A reference or recommendation, when defamatory, falls under the qualified privilege. T or F?

True