Deck 20: Defamation

Question 1

On a Google forum, Oliver calls Jim a wife-beater.________

A) Google and Oliver have defamed Jim.
B) Google but not Oliver has defamed Jim.
C) Oliver but not Google has defamed Jim.
D) The statement is a protected opinion.

Answer 1

C

Question 2

Providers of interactive computer services on the Internet have an immunity from tort liability based on defamatory statements made by others on the online service of the providers.

Answer 2

True

Question 3

Extrinsic facts may need to be pleaded in the colloquium of the complaint to establish that the defamatory statement was of and concerning the plaintiff.

Answer 3

True

Question 4

Alice is the mayor of the city. The local newspaper publishes a story that falsely accuses Alice of unethical behavior.________.

A) The newspaper must prove that it was unaware of the falsity of the story.
B) Alice can win only if she proves that the newspaper published the story with actual malice.
C) The newspaper must prove that it was no more than negligent in printing the story.
D) Alice can win if she proves that the newspaper published the story negligently.

Question 5

Defamation consists of two separate torts: libel and slander.

Question 6

Defamatory opinions can never be actionable.

Question 8

Extrinsic facts are needed only for statements that are defamatory on their face.

Question 11

A qualified privilege can be lost if it is not exercised in a reasonable manner for a proper purpose.

Question 12

Actual malice must always be proven by any plaintiff who sues the media for defamation.

Question 14

Charles, a weight lifter, sues Greg for slander when Greg tells Charles that he "obviously takes illegal steroids."________

A) There was no slander because the statement was an opinion.
B) There was no slander because Charles was a public figure.
C) There was no slander because extrinsic facts are needed to understand the defamatory meaning.
D) There was no slander because the statement was not published.

Question 16

A fact is a statement that can be objectively established as true or false.

Question 18

What is fair comment, and when does it prevent liability for defamation?

Question 19

What is a public figure? What two kinds exist?

Question 20

Who has an absolute privilege to defame?

Question 21

What is a private person?

Question 23

When do those who merely deliver or transmit the defamatory statement, such as bookstores, become liable?

Question 26

In a suit against the media by a public official or public figure, what must be proven if the defamatory statement pertained to a matter of public concern?

Question 27

A defendant can make a false statement innocently or by fault. List three possible standards of fault.

Question 28

Publication is an element of libel or slander. When does publication occur?

Question 29

In a suit against the media by a public official or public figure, what must be proven if the defamatory statement pertained to a matter of private concern?

Question 32

When is a statement of fact defamatory?

Question 33

What is a SLAPP suit?

Question 35

What is a public official?