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16 Cards in this Set
- Front
- Back
What are the elements of defamation?
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1) defamatory language
2) of and concerning P 3) publication to a third party that understands it 4) damages to P's reputation |
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What is defamatory language?
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Defamatory language is language that adversely affect's one's reputation. It must be based on specific facts, name calling is not enough
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Is defamation re a dead person actionable?
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No
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What makes a statement "of and concerning P"?
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A reasonable reader, listener, or viewer would understand that the defamatory statement referred to P
Note: extrinsic evidence may be offered to show that the statement refers to P if it is not clear on its face |
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What are the rules for group defamation
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1) if the statement refers to all members of small group, each member can establish that the statement was about him
2) if the statement is about a large group, no one can claim defamation 3) if the statement is about some members of a small group, P must show that a reasonable person would view the statements as referring to P. |
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What is publication?
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Communication of the defamatory language to a 3rd party, intentionally or negligently
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What are defamation damages?
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It depends whether the defamation is libel or slander
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What is libel and what kind of damages are available?
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1) Libel is written or printed publication of defamatory language.
2) P does not need to prove special damages and general damages are presumed |
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what is slander, and what are the available damages?
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1) slander is spoken defamation.
2) P must prove special damages, unless it is slander per se |
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What are the slander per se categories?
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a statement that:
1) adversely reflects one's conduct in a buiness or profession; 2) one has a loathsome disease; 3) One is or was guilty of a crime involving moral turpitude; or 4) a woman is unchaste |
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What if the defamation involves a matter of public concern?
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To make a PF case, P must show all of the common law elements of defamation, plus:
1) falsity of the statement; and 2) fault on the part of D |
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If P is a public official or public figure, and the case involves a matter of public concern, what must D prove?
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P must prove malice, which is
1) knowledge that the statement was false; OR 2) reckless disregard as to whether it is false |
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If the defamation involves a matter of public concern and P is NOT a public figure, what must he prove?
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1) Fault
2) falsity 3) negligence re the statement Note: if malice is involved, damages are presumed, if only negligence, actual damages must be shown |
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What are the defenses to defamation?
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1) consent
2) truth 3) absolute privilege 4) qualified privilege |
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What statements are subject to an absolute privilege?
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1) remarks made during a judicial proceeding;
2) remarks made by legislators in a debate; 3) by federal executive officials; 4) in compelled broadcasts; 5) and between spouses |
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What are the categories for qualified privilege?
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Wherever there is a policy to encourage candor:
1) references and recommendations; 2) credit reporting 3) police investigation |