defamation

Question 1

public officials

Answer 1

person who has control over gov. office

includes political candidates

Question 2

public figures

Answer 2

a person of persuasive power / influence in society

Question 3

limited purpose public figure

Answer 3

a person who thrusts himself into particular controversy

Question 4

what must plaintiff prove?

Answer 4

public figure:

plaintiff must show that person who made statement knew it was false / reckless
actual damages only

private individual:

if matter of public concern:

statement is false + negligent with respect to falsehood
actual damages only (unless actual malice)

if not matter of public concern:

general damages (no need for malice + no need for measurable harm)

Question 5

libel v slander

Answer 5

libel = general damages, slander = special damages (unless slander per se)

Question 6

slander per se

Answer 6

serious crime
unfit for particular profession
loathsome disease

Question 7

misrepresentation duty to dislocse

Answer 7

fiduciary duty
likely to be misled by earlier statements
custom

Question 8

misrepresentation

Answer 8

scienter
intent
causation
justifiable reliance

Question 9

misrepresentation damages

Answer 9

actual, pecuniary loss