Question 1

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

Accepted Answer

To prove defamation, a plaintiff must show that a false statement was made about them to a third party, and it harmed their reputation. Actual injury to reputation can be presumed in cases of libel or slander per se, where the nature of the statement is so inherently damaging that harm is assumed.

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.

Accepted Answer

retraction

Question 3

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

Accepted Answer

For a defamation claim, the focus is on the harm to the plaintiff's reputation caused by the defamatory statement, not on whether the audience believes the statement to be true or false. The dissemination of a defamatory statement itself can cause harm to reputation, regardless of its reception.

Question 4

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

Accepted Answer

Defamation law in the United States must balance the First Amendment's protections of free speech against the rights of individuals not to have false and damaging statements made about them. This creates a complex legal landscape where the right to free expression and the right to privacy and reputation intersect.

Question 5

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

Accepted Answer

Slander per se refers to statements so inherently harmful that they are presumed to cause damage to the plaintiff's reputation without the need for specific proof of harm, and allegations of criminal conduct are typically included in this category.

Question 6

According to the copies of a book are sold.

Accepted Answer

The answer of According to the copies of a book...

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.

Accepted Answer

The answer of If the defamatory content of a statement...

Question 8

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

Accepted Answer

In most cases of slander (a form of defamation that is spoken), the plaintiff must prove special harm, which means they must show that the slanderous statement caused them to suffer a specific, tangible loss, such as losing a job or being refused service. However, there are exceptions for slander per se, where the statements are so inherently damaging that special harm does not need to be proven.

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 .

Accepted Answer

The answer of If a defendant disparages the property right...

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.

Accepted Answer

The answer of If the defendant is a or a...

Question 11

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

Accepted Answer

Libel refers to defamatory statements made in a fixed medium, which can include physical forms such as printed materials, computer tapes, or any other tangible medium where the defamatory statement is preserved.

Question 12

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

Accepted Answer

The answer of An invasion of the reputation of a...

Question 13

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

Accepted Answer

The answer of The , which consists of four distinct...

Question 14

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

Accepted Answer

The answer of The Act requires plaintiffs request a correction...

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 _.

Accepted Answer

The answer of Written defamatory statements are referred to as...

Question 16

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

Accepted Answer

The answer of A plaintiff must prove in that the...

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.

Accepted Answer

The answer of Judges, lawyers, parties, and witnesses enjoy an...

Question 18

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

Accepted Answer

The answer of If the damages a plaintiff suffers are...

Question 19

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

Accepted Answer

In defamation law, damages are not always presumed. In cases of libel per se, damages may be presumed, but in other cases, the plaintiff must prove actual harm or damages.

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 .

Accepted Answer

The answer of If the value of a plaintiff's name...

Quiz 13: Defamation and Related Torts