Deck 13: Defamation and Related Torts

Question 1

A plaintiff's reputation must actually be injured in order to prove defamation.

Answer 1

False

Question 2

The purpose of a statute is to discourage defamation suits by either barring the plaintiff's recovery if the defendant takes back the defamatory statement or by providing the plaintiff with the opportunity to respond.

Answer 2

retraction

Question 3

A plaintiff cannot recover for defamation if everyone who hears a defamatory statement believes it to be false.

Answer 3

False

Question 4

Defamation is complicated by the First Amendment concerns that have to be balanced against the individual's right to privacy.

Question 5

Statements alleging that a plaintiff has engaged in criminal conduct fall under slander per se.

Question 6

According to the copies of a book are sold.

Question 7

If the defamatory content of a statement is not apparent unless certain extrinsic facts are made known, a plaintiff will have to show the in his or her pleadings.

Question 8

Special harm need not be shown in the case of slander.

Question 9

If a defendant disparages the property right of another the defendant commits the tort of , while if the defendant disparages the business of another the defendant commits the tort of . Both torts fall under the general category of .

Question 10

If the defendant is a or a , the plaintiff must prove that the defendant acted with , that is, with knowledge that the statement was false or with reckless disregard for the truth or falsity of the statement.

Question 11

Libel includes communications occurring in physical form, such as computer tapes.

Question 12

An invasion of the reputation of a group or individuals resulting from slander or libel is referred to as .

Question 13

The , which consists of four distinct torts, evolved from a law review article written by Samuel Warren and Lewis Brandeis.

Question 14

The Act requires plaintiffs request a correction or clarification from the defendant within ninety days of learning of the publication.

Question 15

Written defamatory statements are referred to as , while oral defamatory statements are referred to as . The latter requires the plaintiff to prove that he or she suffered some kind of unless the plaintiff is able to show that the statement fell into one of the four categories of _.

Question 16

A plaintiff must prove in that the statement must be seen or heard by someone other than the plaintiff.

Question 17

Judges, lawyers, parties, and witnesses enjoy an privilege for statements made during judicial proceedings, while reports prepared during court proceedings enjoy a privilege.

Question 18

If the damages a plaintiff suffers are damages, he or she will not have to prove actual harm.

Question 19

Today if the elements of libel are proved, damages are always presumed.

Question 20

If the value of a plaintiff's name is used for a defendant's financial gain, the plaintiff can sue for , while if a defendant uses binoculars to monitor a plaintiff's activities inside the home, the plaintiff can sue for . If a defendant publishes an article about the plaintiff that makes that plaintiff appear ridiculous, the plaintiff has a potential claim for , while if a defendant publicizes intimate details of the plaintiff's life, the plaintiff may have a claim for .

Question 21

The literary context in which a statement is made is taken into consideration when deciding if a statement is fact or opinion.

Question 22

A statement will not be considered defamatory unless it mentions the plaintiff by name.

Question 23

Today the defendant bears the burden, for the most part, of proving the truth of his or her statement.

Question 24

Public officials must show that the defendant acted with malice or ill will before being able to recover for defamation.

Question 25

A defendant cannot be strictly liable for a defamatory statement.

Question 26

A public official is one who has injected him- or herself into a public controversy.

Question 27

Punitive damages can always be awarded in defamation cases.

Question 28

Defamation can be shown even if the defendant's reputation is tarnished in the eyes of only a minority of persons in the community.

Question 29

A person who repeats a defamatory statement is liable even if he or she does not believe the statement is true.

Question 30

Corporations, partnerships, and other types of business associations cannot be defamed.

Question 31

All federal officials, and some state officials, have absolute immunity even when their statements are made outside the course and furtherance of their jobs.

Question 32

Statements implying undisclosed facts may be actionable even if they are opinions.

Question 33

A statement must be subject to at least one reasonable interpretation that is defamatory before a plaintiff can recover for defamation.

Question 34

A qualified privilege cannot be lost even if it is abused.

Question 35

A plaintiff can recover for pecuniary but not nonpecuniary losses in a defamation case.

Question 36

A statement is defamatory even if no one other than the plaintiff sees or hears it.

Question 37

Making a defamatory statement for the purpose of gaining a competitive advantage is not privileged.

Question 38

Statements that are pure expressions of opinion cannot be defamatory.

Question 39

Reports of court proceedings and legislative hearings are subject to qualified immunity.

Question 40

A statement that is substantially true cannot be considered defamatory.

Question 41

Defamation cases are some of the easiest cases to win.

Question 42

What are three elements of defamation?

Question 43

A defendant who intentionally files a false levy of execution commits slander of title.

Question 44

A murder suspect whose life history is published in the newspapers may have a claim for public disclosure of private facts.

Question 45

Why is defamation a complex tort?

Question 46

What is the difference between libel and slander?

Question 47

Give two examples of slander per se.

Question 48

What is the single publication rule?

Question 49

Trade libel is similar to defamation except the defendant's statement need not ridicule or disgrace the plaintiff.

Question 50

Reading the plaintiff's private mail or searching through her purse can be the basis for a claim of unreasonable intrusion.

Question 51

The status of the plaintiff and the subject matter of the statement are the key features shaping defamation law today.

Question 52

A plaintiff may have grounds for a false light claim if the plaintiff can show that the defendant's publicity depicted him or her as being pathetic.

Question 53

Defamation plaintiffs can easily get behind the anonymity of someone who posts a defamatory message on the Internet by issuing a subpoena to the Internet Service Provider.

Question 54

The mere use of the plaintiff's name by the defendant, so long as the defendant uses the name for his or her own pecuniary gain, constitutes appropriation.

Question 55

The Uniform Correction or Clarification of Defamation Act protects media defendants but does nothing for plaintiffs.

Question 56

Why is it generally easier to prove libel than slander?

Question 57

Because of legislation passed by Congress it has become increasingly easier for those defamed by statements made on the Internet to recover for defamation.

Question 58

A plaintiff who has grounds to sue for false light may not necessarily have grounds to sue for defamation.

Question 59

Invasion of privacy is one of the original torts dating back to the times of the development of actions in trespass.

Question 60

What are two factors a court will take into consideration when deciding whether a statement represents fact or opinion?

Question 61

Give an example of a qualified privilege.

Question 62

How does the Uniform Correction or Clarification of Defamation Act protect media defendants?

Question 63

Why is defamation on the Internet likely?

Question 64

Define "actual malice."

Question 65

What was the purpose of the Communications Decency Act of 1996?

Question 66

Why do the courts give less protection to public figures than to those not in the public eye?

Question 67

Give an example of an absolute privilege.