Deck 6: Libel: Defenses and Damages

Question 1

Most criminal libel prosecutions

A)are brought against terrorist groups.
B)are brought for political reasons by police officers and public officials.
C)are caused by comments by talk radio hosts.
D)are brought by banks and insurance companies against the press.

Answer 1

B

Question 2

Courts can usually assess four kinds of damages in a libel suit.These include

A)special and nominal damages.
B)punitive and actual damages.
C)nominal and extraordinary damages.
D)presumed and additional damages.

Answer 2

B

Question 3

A libelous comment may be answered with a libelous comment under the defense of right of reply.

Answer 3

True

Question 4

Defenses against libel actions,in addition to qualified privilege and the opinion defenses,include

A)consent and innocent action.
B)right of reply and innocent action.
C)consent and right of reply.
D)innocent action and mitigating circumstances.

Question 5

The defense of qualified privilege covers

A)Comments contained only in the official police blotter or jail register.
B)Comments made by any police officer about a case.
C)A wide range of documents and statements generated by police agencies about a case.
D)The defense does not cover any documents or statements generated by the police.

Question 6

The statute of limitations in most states is three years.

Question 7

Under the statute of limitation libel rules,the date of publication (when the time limit begins)for a newspaper is

A)the date of publication that appears on the newspaper.
B)the date of the most recent sale of a copy of the newspaper.
C)the date the libelous story was written and edited,regardless of when it was published.
D)None of the above.

Question 8

If a plaintiff has consented to the publication of a defamatory statement,he or she cannot later sue for damages because of that publication.

Question 9

The criteria in the Ollman test for libelous opinion includes

A)the provability of the statement,the context of the remarks,and the ordinary meaning of the words.
B)the provability of the statement,the context of the remarks,and the status of the speaker.
C)the context of the remarks,the status of the speaker,and the nature of the audience.
D)all of the above.

Question 10

The First Amendment defense of opinion also protects false statements of fact contained in an article that is mostly opinion.

Question 11

Courts have generally agreed that the publisher of a libel on the Internet

A)Can be sued in any state since a resident of any state can access the libelous material.
B)Must be sued in federal court.
C)Cannot be sued because of Section 230 of the Communications Decency Act.
D)There is no real consensus yet on answering the jurisdictional questions involving libel on the Internet.

Question 12

A difference between absolute and qualified privilege is

A)absolute privilege protects the speaker; qualified privilege protects reports about what the speaker said.
B)absolute privilege has roots in the Constitution,qualified privilege developed through the common law and state statutes.
C)qualified privilege only applies if the report is a fair and accurate report; accuracy and fairness do not apply to absolute privilege.
D)all of the above.

Question 13

In defending a lawsuit based on statements of opinion,a defendant may win the case

A)by arguing that the statements are rhetorical hyperbole.
B)by arguing that the statements are protected by the First Amendment.
C)by arguing that the statements are fair comment and criticism.
D)all of the above.

Question 14

To win special damages,a plaintiff must show specific monetary or economic loss.

Question 15

Most courts have ruled that the typical reader or listener or viewer can't distinguish between factual assertions and opinion statements.

Question 16

News stories based on inaccurate government reports will normally be protected by the defense of qualified privilege.

Question 17

A court trial is one government proceeding excluded from the application of qualified privilege.

Question 18

The Supreme Court has barred the award of punitive damages in libel suits.

Question 19

The libel defense of neutral reportage

A)Emerged late in the 17^th Century.
B)Has been rejected by most courts.
C)Was fashioned by Justice William Brennan in New York Times v.Sullivan.
D)Is sometimes called "rhetorical hyperbole."

Question 20

The statute of limitations for libelous matter on the Internet begins the day the matter is first accessed by a user.

Question 21

Right of reply and consent are regarded as secondary libel defenses.What does this mean?