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16 Questions

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(pt 3) Defamation Law Basics

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Questions and Answers

Which type of defamation requires proof of special damages to establish liability?

Slander per se

Absolute privilege

Qualified privilege

Libel per se (correct)

What type of statement does not require proof of special damages to be actionable?

A statement that a person is unchaste or has engaged in serious sexual misconduct

A statement that another has committed or been imprisoned for a serious crime

A statement that another has a loathsome disease (correct)

An employer's statement in written evaluations of employees

What is an absolute defense against a defamation charge?

Actual malice

Truth (correct)

Privilege

Qualified privilege

In which situations is absolute privilege granted?

Judicial and certain government proceedings Signup and view all the answers

What constitutes actual malice in a defamation case?

Reckless disregard of the truth Signup and view all the answers

Which type of defamation involves deliberate harm with knowledge of falsity or reckless disregard of the truth?

Libel per se Signup and view all the answers

'Qualified privilege' applies when statements are made in good faith and the publication is limited to which group?

Those who have a legitimate interest in the communication Signup and view all the answers

'An employer’s statement in written evaluations of employees' is an example of which type of privilege?

'Qualified privilege' Signup and view all the answers

Which of the following best describes the difference between libel and slander?

Libel involves defamation in writing or another permanent form, while slander involves defamation in oral form. Signup and view all the answers

What is one of the key requirements to establish defamation?

The statement must be published to at least one person other than the plaintiff. Signup and view all the answers

Why is it important for a plaintiff to differentiate between a statement of fact and a statement of opinion in a defamation case?

Opinion is not protected under first amendment rights, whereas statements of fact are protected. Signup and view all the answers

What must a plaintiff prove if they are a public figure in a defamation case?

Actual malice on the part of the defendant. Signup and view all the answers

What type of damages are designed to compensate the plaintiff for harms such as disgrace, humiliation, and injured reputation?

Compensatory damages Signup and view all the answers

Which of the following statements is likely to be considered defamation?

'I heard Mary stole money from her employer.' Signup and view all the answers

Why does defamation typically require proof that the statement was understood as being about the plaintiff?

To demonstrate that the statement tended to harm the plaintiff's reputation. Signup and view all the answers

In a defamation case, what role does publication play?

Publication is required to establish that at least one person other than the plaintiff heard or read the defamatory statement. Signup and view all the answers