(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?

<p>Judicial and certain government proceedings (C)</p> Signup and view all the answers

What constitutes actual malice in a defamation case?

<p>Reckless disregard of the truth (D)</p> Signup and view all the answers

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

<p>Libel per se (B)</p> Signup and view all the answers

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

<p>Those who have a legitimate interest in the communication (B)</p> Signup and view all the answers

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

<p>'Qualified privilege' (B)</p> Signup and view all the answers

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

<p>Libel involves defamation in writing or another permanent form, while slander involves defamation in oral form. (D)</p> Signup and view all the answers

What is one of the key requirements to establish defamation?

<p>The statement must be published to at least one person other than the plaintiff. (A)</p> 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?

<p>Opinion is not protected under first amendment rights, whereas statements of fact are protected. (A)</p> Signup and view all the answers

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

<p>Actual malice on the part of the defendant. (C)</p> 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?

<p>Compensatory damages (A)</p> Signup and view all the answers

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

<p>'I heard Mary stole money from her employer.' (A)</p> Signup and view all the answers

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

<p>To demonstrate that the statement tended to harm the plaintiff's reputation. (C)</p> Signup and view all the answers

In a defamation case, what role does publication play?

<p>Publication is required to establish that at least one person other than the plaintiff heard or read the defamatory statement. (A)</p> Signup and view all the answers

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