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Questions and Answers
What must be proven in a libel case for a private individual versus a public official or public figure?
What must be proven in a libel case for a private individual versus a public official or public figure?
- Actual malice for both private individuals and public officials/public figures
- Actual malice for a private individual, negligence for a public official or public figure
- Negligence for a private individual, actual malice for a public official or public figure (correct)
- Negligence for both private individuals and public officials/public figures
What is considered as publication in the context of libel?
What is considered as publication in the context of libel?
- In print or broadcasted on television
- In print or shared on social media
- In print or heard by a group of individuals
- In print or seen by two or more people (correct)
Who would be defined as a public official?
Who would be defined as a public official?
- Individuals who are not subject to public scrutiny
- Individuals working in the private sector
- Elected or appointed individuals responsible for creating policy (correct)
- Celebrities and public figures
What is the most powerful defense in a libel case?
What is the most powerful defense in a libel case?
What is required to subject a publication to a libel suit in the context of a generic statement about a group?
What is required to subject a publication to a libel suit in the context of a generic statement about a group?
What is the standard of fault required to be proven by a private individual in a libel case?
What is the standard of fault required to be proven by a private individual in a libel case?
What type of records would be considered as privileged in a libel case?
What type of records would be considered as privileged in a libel case?
Who is generally open to scrutiny or critique by the media as part of their job?
Who is generally open to scrutiny or critique by the media as part of their job?
What is the main difference between libel and slander?
What is the main difference between libel and slander?
What is the role of the plaintiff in a tort situation?
What is the role of the plaintiff in a tort situation?
What can defamation lead to?
What can defamation lead to?
What is the basis of defamation law?
What is the basis of defamation law?
What can result in journalistic defamation?
What can result in journalistic defamation?
What is group libel?
What is group libel?
What is the role of SCOTUS in defamation cases?
What is the role of SCOTUS in defamation cases?
What must be proven to avoid defamation claims related to allegations of criminal activity?
What must be proven to avoid defamation claims related to allegations of criminal activity?
What is the consequence of a tort in defamation law?
What is the consequence of a tort in defamation law?
What is the primary focus of defamation law?
What is the primary focus of defamation law?
What is the primary consequence of journalistic defamation?
What is the primary consequence of journalistic defamation?
What is the definition of a tort in the context of defamation law?
What is the definition of a tort in the context of defamation law?
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Study Notes
Defamation Law and Libel vs. Slander
- Defamation law protects against false and derogatory communications.
- Libel and slander are the two torts that constitute defamation, differing in form.
- SCOTUS refers to the Supreme Court of the United States, which has ruled on related cases.
- A tort is a civil wrong causing harm, either physically or to reputation.
- In a tort situation, the plaintiff initiates the lawsuit and seeks damages.
- Defamation law is based on federal standards and tied to the First Amendment.
- Libel and slander both involve false accusations with malicious intent.
- Libel is written or published, while slander is spoken or broadcast.
- Defamation can lead to loss of earnings, business reputation, social standing, or job suspension.
- Journalistic defamation can result from careless reporting, exaggerated writing, or lack of fact-checking.
- Allegations of criminal activity must be proven to avoid defamation claims.
- Group libel is when individuals, not groups, can be defamed, and identification is a key element in defamation cases.
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