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Flashcards in Page 43 Deck (50):
1

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

2

Examples of a substantial respectable minority for defamation?

Experts in a field

3

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

They will often deny the claim

4

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

5

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

6

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

7

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

8

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

9

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

No, there's been no injury

10

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

11

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

Fact

12

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

No

13

Who can be the subject of defamation?

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

14

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

No

15

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

16

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

17

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

18

Is it Possible to have a group defamation?

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

19

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

20

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

21

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

No, it doesn't defame a specific lawyer

22

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

25 people

23

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

Yes

24

How can corporations or businesses be defamed?

If the communication deters other people from dealing with them

25

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

Yes

26

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

27

What is the Most heavily air tested area of defamation?

The Published or reproduced element

28

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

29

What Is the definition of publication for defamation?

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

30

What is recovery for defamation meant to do?

Remedy damage to your reputation

31

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

32

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

33

Can publishing happen by something other than words for defamation?

Yes, it can be gestures or other conduct also

34

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

No, then you didn't publish

35

Who is considered chain of participation for defamation?

Anyone that participates in the original message

36

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

37

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

Authors, editors, publishing companies, etc.

38

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

39

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?

No

40

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

Additional damages caused by the republications

41

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

That is negligent republication

42

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

43

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

44

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

As a new publication

45

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

46

What are some examples of distributor/disseminators of defamation?

Booksellers, newspaper vendors, etc.

47

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

48

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

49

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

50

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