Questions and Answers
What is the difference between libel and slander?
In what four cases does special harm not have to be proved in slander?
Statements alleging criminal behavior, venereal diseases, unfitness for business, and sexual misconduct.
What are presumed damages, and what is their relationship to special harm?
Presumed damages are damages that ordinarily flow from defamation and do not require proof of actual harm.
What must a plaintiff prove to recover for defamation?
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Must a plaintiff's reputation actually be injured for them to recover for defamation?
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Who has the burden of proving the truth or falsity of the defendant's statement?
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Can the survivors of a deceased person sue for defamation based on statements made about the deceased?
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What is defined as a 'publication' in defamation?
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What is the definition of actual malice, and when must it be proved?
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What damages can a plaintiff recover in a defamation case?
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What is the difference between an absolute and qualified privilege?
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Who enjoys an absolute privilege?
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Study Notes
Defamation Overview
- Libel involves written defamatory statements, while slander refers to oral statements.
Special Harm in Slander
- Special harm is not needed to prove defamation in cases alleging:
- Criminal behavior of the plaintiff
- Plaintiff suffering from venereal or communicable diseases
- Plaintiff's unfitness for business or profession
- Engagement in sexual misconduct by the plaintiff.
Damages in Defamation
- Presumed damages arise from defamation without the need for proving actual harm, while special harm requires proof by the plaintiff.
Plaintiff's Burden of Proof
- Plaintiffs must show the defendant's statement is defamatory and was published to a third party.
- Negligence is the minimum fault standard for defendants, with stricter standards for specific situations.
Reputation and Defamation
- A statement is defamatory if it tends to harm the plaintiff's reputation, regardless of actual injury or community belief in its truth.
Proving Truth or Falsity
- Traditionally, the defendant had to prove the truth of their statement. However, the plaintiff now proves falsity in cases involving public interest and media defendants.
Defamation Claims by Survivors
- Only living individuals can be defamed, so survivors cannot sue for defamatory statements made about a deceased person.
Definition of Publication
- Publication requires that the defamatory statement be heard or seen by others besides the plaintiff; it can be intentional or negligent.
- Overhearing a statement in private does not qualify as publication.
Actual Malice
- Actual malice means knowingly stating something false or being recklessly indifferent to its truth. It’s necessary to prove when the plaintiff is a public figure or official.
Recoverable Damages
- Plaintiffs can recover both pecuniary (financial) and nonpecuniary (emotional) losses. Punitive damages for private figures require proof of actual malice in public interest cases.
Privileges in Defamation
- Absolute privilege offers complete protection for statements made in certain contexts, regardless of motives. Qualified privilege requires well-defined purposes for the statements.
Entities with Absolute Privilege
- Judges, lawyers, parties, and witnesses have absolute privilege in judicial proceedings, provided statements relate to the matter being addressed. Legislators also enjoy this privilege during legislative activities.
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Description
Explore the intricacies of defamation law, covering topics like libel, slander, and the nuances of proving damages. Understand the plaintiff's burden of proof and the different standards applicable to various types of defamatory statements. This quiz will enhance your knowledge of reputational harm within legal contexts.
