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8 Cards in this Set
- Front
- Back
Defamation
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Defamatory language of or concerning the plaintiff published by the defendant to a third person causing damage to the plaintiff's reputation.
*publication does not require intent, can be negligent |
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Damages Requirement (defamation)
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Libel--printed defamation; damages presumed
*radio and television=libel *minority jurisdiction: per se and per quod Slander--oral defamations *per se--particularly harmful language; Damages presumed *not per se--need to demonstrate actual harm=economic harm |
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Slander Per Se Categories
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-Statement about the P's business
-Statement that P has made a crime of moral turpitude -A statement imputing unchastity to a woman -A statement that P suffers from a loathsome disease |
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Affirmative Defenses
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Consent
Truth Privilege |
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Defamation and public concern
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When defamation involves a matter of public concern, P must also prove the falsity of the statement and fault on the Defendant.
*Public Official/public person=NY Times v. Sullivan, malice; knowledge that the statement was false or reckless disregard for falsity * material change in quote Private person=negligence (Gertz v. Welch) |
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Public figure
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A person that has achieved pervasive fame or notoriety by voluntarily assuming a central role in a particular public controversy
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Absolute Privilege
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Spouses--if a married couple communicates defamatory information to a spouse and no one else it is privileged
Officers of the three branches of government--judicial proceedings, legislators in debate, federal executive officials in compelled broadcasts |
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Qualified Privilege
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Granted by the court whenever there is a public interest for candor
*references for a job *statements made to the police *need to be speaking in good faith and confine statements to the matters to the public policy concerns for candor *lost if abused with malice |