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What Is the role of the court and the jury in a defamation case?

Court decides if the statement could be defamatory, and jury decides if the plaintiff was actually defamed


Examples of a substantial respectable minority for defamation?

Experts in a field


If a group that a defamation is published to is antisocial, what will the courts do?

They will often deny the claim


If a criminal is angry that police publish that he snitched for them and thinks it lowered his reputation in the eyes of his criminal friends, can he have a defamation claim?

No, because the group it was published to is antisocial


When would a defamatory statement not have to be one of fact?

If it suggests that the speaker has knowledge of certain facts, then it is the equivalent of a fact


If An answer pick for defamation on the exam says, "in my opinion, Todd is not honest" could that support a defamation claim?

No, that would be opinion, so it wouldn't be defamatory


If someone says they saw someone else running out of the store with money in his hand yesterday, would that be defamatory?

No, but if it later comes to light that the store was robbed yesterday, it could be defamatory


What does the plaintiff have to allege about a false fact for defamation, and what does the defendant have to do?

P Must allege it was false, and defendant must prove it was true


If something the defendant said turns out to be true, has there been a defamation?

No, there's been no injury


If you claim that a bank robber stole $50,000, when only stole $7000, have you committed to defamation?

No, because you don't have to prove that something is literally true, you just have to establish its sting


The more specific the language, the more likely it will be considered fact or opinion for defamation?



Does it matter if a defendant didn't intend for a defamation to refer to the plaintiff?



Who can be the subject of defamation?

Any living person, corporation, partnership, or other legally recognized entity


Can a club, fraternity, or unincorporated association bring a defamation claim?



Someone is dead, can there be a defamation suit for them?

Not unless it was started before they died, in that case the suit can continue


What is a colloquium for defamation?

When plaintiff isn't actually named in the communication, he must use this to connect himself to it and show that people reasonably interpreted the statement apply to him


What is an innuendo in relation to defamation?

Statement isn't defamatory without extrinsic facts, so plaintiff has to prove the extra facts combined with the statement constituted the defamation


Is it Possible to have a group defamation?

Yes, so long as the group is small, defamation can apply to each member


What Is the question to ask if there's a situation of group defamation?

Whether it is reasonably understood as referring to the plaintiff as a member of that group


If you have a large group, is it likely that there was defamation?

It is not likely that each person will have their own claim


If someone says that all lawyers are shysters, is that considered defamation?

No, it doesn't defame a specific lawyer


Sometimes groups as big as -____________ can be concerning individual members for defamation

25 people


In Order for a defamation to occur, does a person have to be alive?



How can corporations or businesses be defamed?

If the communication deters other people from dealing with them


If a statement in a novel is actually about a person, can that be a defamation?



If the plaintiff's name is used in a book, or article, but it wasn't referring to that specific plaintiff, can he have a claim for defamation?

yes, if he can prove that the name use lead to defamation


What is the Most heavily air tested area of defamation?

The Published or reproduced element


How Many people does a communication have to reach to count as defamation?

Only one person has to receive it and understand it beside the plaintiff


What Is the definition of publication for defamation?

Any action that causes a statement to be communicated to a third person


What is recovery for defamation meant to do?

Remedy damage to your reputation


If The defendant didn't intend for anyone else to read or see a defamation, what question must you ask?

If he was negligent in not realizing it would be discovered by a third-party


If a statement is only made to a plaintiff and wasn't seen or heard by anyone else, could that be a defamation?

No, because it didn't harm the plaintiff's reputation


Can publishing happen by something other than words for defamation?

Yes, it can be gestures or other conduct also


If there was an unforeseen eavesdropper, can you be liable for defamation?

No, then you didn't publish


Who is considered chain of participation for defamation?

Anyone that participates in the original message


If a statement is made in a foreign language, then what has to be shown in order for defamation to apply?

That at least one person understand the language


Who are considered participants in the Chain of participation for defamation?

Authors, editors, publishing companies, etc.


Who is considered an original publisher for defamation?

Anyone with any part in the original publication like newspapers, reporters, editors, publishers, distributors, owners of any of these businesses because of respondeat superior


If A repeater of a publication that is defamatory qualifies the recitation with something like "alleged", does that make it so that he is not a defamer?



If it is reasonably foreseeable that your defamatory message would be republished, what are you liable for?

Additional damages caused by the republications


If you don't remove a defamation posted on your premises by someone else, what is your liability?

That is negligent republication


If SomeoneSomeone scrawls a defamation on the men's bathroom wall, and you own the restaurant, what is your liability?

You need to remove it, or you will be a negligently republisher


Where does liability lie for defamation when republication occurs ?

The original defamer is liable for the increase in harm if the republication was intended or reasonably foreseeable


How is everybody publication of a defamation, unless privilege, treated?

As a new publication


What is the liability for distributors or disseminators when defamation is involved?

They are liable if they knew/should have known the material had a defamatory message


What are some examples of distributor/disseminators of defamation?

Booksellers, newspaper vendors, etc.


What is a liability for a printer of information that is defamatory?

Independent contract printers have no duty to inspect a publication for defamatory content


Where's the liability when it comes to eavesdroppers for defamation?

The message is published if D negligently allows it to be communicated to a third person, or it was reasonably foreseeable someone would overhear it


What is a libel proof plaintiff?

People who already have such a bad reputation that a false statement wouldn't hurt them cannot bring a defamation claim


What is an example of a libel proof plaintiff?

A convicted murderer can't sue because of a false report that he also raped the victim