intentional torts - defamation

what privilege is used during Judicial Proceedings and Governmental Proceedings?

Absolute

statements made by attorneys and judges in the courtroom during a trial are ________privellge as are statements made by government officials during legislative debate. absolute privilege qualified privilege

Absolute privilege

a defense for employers sued after giving a negative reference for a former employee

Qualified privilege

What is Defamation?

false statements about a person that cause harm to that person's reputation

A statement of option are not actionable because they are protected under

the first amendment

what is libel

A written defamation of a person's character, reputation, business, or property rights. damage is presumed

An employer's statements in written evaluations of employees, for instance, are protected which privilege ?

Qualified privilege

Jorge has worked at Google for five years and is being considered for a management position. His supervisor, Lydia, writes a memo about Jorge's performance to those evaluating him for the position. The memo contains certain negative statements, which Lydia honestly believes are true. If Lydia limits the disclosure of the memo to company representatives, her statements will likely be protected by Absolute Qualified

Qualified privilege

Anti-SLAPP laws

Laws designed to reduce frivolous lawsuits filed against citizens and community groups who oppose corporations, government officials, and others.

what is slander and what is needed to prove it?

SPOKEN or oral defamation proof special damges required the action or crime of making a false spoken statement damaging to a person's reputation.

A statement that another has a "loathsome" disease (such as a sexually transmitted disease).

Slander Per Se

true or false a negative statement about another person is defamation unless the statement is false and represents something as a fact rather than a personal opinion.

false , it is not defamation

. For these reasons, public figures have a greater or less burden of proof in defamation cases—to show actual malice—than do private individuals.

greater

applies for acts of legal or moral duty if it was done without malice

qualified privellge

Statements made in good faith and publication is limited to those with legitimate interest

qualified privillege

slander per se are statements regarding

slander involving false statements about sexual behavior, crimes, contagious diseases, and professional abilities

Absolute privilege means

that the person making the statement has the absolute right to make that statement at that time, even if it is defamatory.

3 things about defamtion

a false statement made about the person the false statement of fact ruins the reputation and then third parties don't want to deal with that person. Results in damages If a public figure is involved, actual malice has to be shown.

T or F truth is defense to a defamation case

trrue

T OR F In defamation law, a public figure plaintiff cannot win in a defamation claim without proof that the defendant made the statement with actual malice

true

t or f " False and defamatory statements about public figures that are published in the media will not constitute defamation unless the statements are made with actual malice.

true

t or f In other words, making a negative statement about another person is not defamation unless the statement is false and represents something as a fact rather than a personal opinion.

true

t or f if a defendant in a defamation case can prove that the allegedly defamatory statements of fact were true, normally no tort has been committed.

true

t or f The First Amendment normally protects statements of opinion, and this can be an effective defense against a charge of defamation

true

true or false in Absolute privilege the person has the right to make a statement even if it is defamatory

true

what is the defense to defamation?

truth

To be made with actual malice, a statement must be made

with either knowledge of its falsity or a reckless disregard of the truth.

The statement "Lane cheats on his taxes," if false can or cant lead to liability for defamation."

can lead to defamation

The statement "Lane is a jerk" can or cant lead to constitute defamation because it is clearly an opinion.

cannot constitute defamation because it is clearly an opinion.

Establishing defamation involves proving the following elements:

The defendant made a false statement of fact. The statement was understood as being about the plaintiff and tended to harm the plaintiff's reputation. The statement was published to at least one person other than the plaintiff. If the plaintiff is a public figure, she or he must also prove actual malice, discussed later in the chapter.

where the false statement is not inherently defamatory and has to be evaluated in the context of additional facts Defamation per se Defamation per quod

Defamation per quod

Examples are statements that accuses a person of incest or adultery or unfairly prejudices the public against the person in their business or profession. Defamation per se Defamation per quod

Defamation per se

public figures need

actual malice to prove defamotroy statments

David McKee, a neurologist, went to examine a patient who had been transferred from the intensive care unit (ICU) to a private room. In the room were family members of the patient, including his son. The patient's son later made the following post on a "rate your doctor" Web site: "[Dr. McKee] seemed upset that my father had been moved [into a private room]. Never having met my father or his family, Dr. McKee said 'When you weren't in ICU, I had to spend time finding out if you transferred or died.' When we gaped at him, he said 'Well, 44 percent of hemorrhagic strokes die within 30 days. I guess this is the better option.'" McKee filed suit for defamation , but all of the facts are true, how will the court rule? will he win or lose?

lose . The court found that all the statements made by the son were essentially true, and truth is a complete defense to a defamation action.

if a public figure is involved in Defamation, what must be shown

malice

Privileged communication ( 2 types)

absolute and qualified

the person is immune due to their profession or other privileges like a legislature

absolutive privilege

In Touch magazine published a story about a former call girl who claimed to have slept with legendary soccer player David Beckham more than once. Beckham sued In Touch magazine for libel, seeking $25 million in damages. He said that he had never met the woman, had not cheated on his wife with her, and had not paid her for sex. After months of litigation, a federal district court dismissed the case because Beckham could not show that the magazine had acted with actual malice. Whether or not the statements in the article were accurate, why

there was no evidence that the defendants had made the statements with knowledge of their falsity or reckless disregard for the truth.