Chapter 13 Practice

Matching 1. Reckless disregard for truth or falsity of statement 2. Achieved pervasive fame or notoriety 3. Discourage defamation suits 4. Enjoyed by federal and high-ranking state officials 5. Protects records from court cases and legislative hearing - Absolute Privilege - Qualified Privilege - Public Figure - Retraction Statutes - Actual Malice

1. Actual Malice 2. Public Figure 3. Retraction Statutes 4. Absolute Privilege 5. Qualified Privilege

Matching 1. Use of value of plaintiff's name for financial gain 2. Examining the plaintiff's private bank account 3. Offensive publicity 4. False disparagement of product 5. False information about patent or copyright - False Light - Unreasonable Intrusion - Appropriation - Slander of Title - Trade Libel

1. Appropriation 2. Unreasonable Intrusion 3. False Light 4. Trade Libel 5. Slander of Title

Matching 1. Radio program derived from written script 2. Requires proof of special harm 3. Required when extrinsic facts are needed to prove defamation 4. Made by a reviewer 5. Requirement that statement be seen or heard by someone other than plaintiff - Innuendo - Opinion - Publication - Slander - Libel

1. Libel 2. Slander 3. Innuendo 4. Opinion 5.Publication

A privilege can be lost if it is _____________.

Abused

If a plaintiff is a public official or public figure, she can recover for defamation only if she can show that the defendant acted with ____________ ____________.

Actual Malice

Publication

Does not occur if the statement is not understood by the person hearing it

The New York Times v. Sullivan court

Encouraged robust debate that may include sharp attacks on government and public officials

True/False A competitor is not privileged to "puff" if he knows his statements are false and he intends to take business away from the plaintiff.

False

True/False A defamation plaintiff who suffers no quantifiable damages cannot go to trial.

False

True/False A person can become a public figure merely by becoming involved in a controversy of public interest.

False

True/False A statement implying undisclosed facts may not be defamatory if it is an opinion.

False

True/False A vast number of defamation cases are litigated, and most of those are won, especially against media defendants.

False

True/False Absolute privileges are enjoyed by judges, lawyers, parties, and witnesses during judicial proceedings unless their motive is defamation.

False

True/False Defamation is essentially a strict liability tort.

False

True/False In cases of slander, pecuniary losses are not necessary.

False

True/False Libel includes statements on records and computer tapes but does not include words dictated to a stenographer.

False

True/False Public disclosure of private facts is a viable claim even if the details published are contained in a public record.

False

True/False Statements are more likely to be considered opinion if they are precise and easily verifiable.

False

True/False Survivors of a deceased person can sue for defamation because of statements made against that person.

False

True/False The tort of unreasonable intrusion requires proof that the defendant negligently intruded upon the seclusion of another and that the intrusion was disturbing to the plaintiff.

False

True/False Those who distribute or sell defamatory materials are liable even if they can show they had no reason to believe the materials were defamatory.

False

True/False Under contemporary court decisions, presumed damages can never be awarded unless the plaintiff can prove actual malice.

False

True/False Under today's U.S. Supreme Court decisions, a defendant has the burden of proving that his statement is true.

False

Special harm need not be proved in cases of slander in which it is alleged that the plaintiff

Has engaged in criminal conduct, has a venereal disease, or is unfit to conduct her business, trade, or profession

Defamation

Is, under common law, outside the protection of the First Amendment

___________ refers to defamation involving written words, whereas ___________ refers to defamation involving oral words.

Libel; Slander

Under the common law, damages were ____________ in cases of libel if the defamatory nature of the statement was obvious.

Presumed

A(n) _____________ ______________ is one who voluntarily injects himself into or is drawn into a public controversy.

Public Figure

_____________ statutes may bar a plaintiff's recovery if the defendant withdraws a defamatory statement within a given time period.

Retraction

Under the ___________ ___________ rule, each copy of a book is considered a separate defamation.

Single Publication

In today's defamation law, the standard of proof a plaintiff must meet is determined by the ___________ of the plaintiff and the ____________ ____________ involved.

Status; Subject Matter

False-light claims require proof that

The plaintiff is put before the public in a false light that would be highly offensive to a reasonable person

To be considered a defamatory statement,

The plaintiff must prove that at lease one person understood it to refer to the plaintiff

A qualified privilege protects

Those who have the capacity to act in the public interest, such as prosecutors, when they make defamatory statements, someone who makes a defamatory statement for the purpose of gaining a competitive advantage, and those who make defamatory statements to protect their own interests, no matter how insignificant those interests are, as long as they are sufficiently important and the defamation is directly related to those elements

True/False A defamation plaintiff must prove that the defendant's statement is defamatory in accord with at least one interpretation a reasonable person might make.

True

True/False A false-light claim can also be considered grounds for defamation.

True

True/False A false-light claim is easier in some respects to prove than defamation.

True

True/False A partnership or corporation can be defamed.

True

True/False A privilege can be lost if the statement is made to more people than necessary to protect the interest in question or if more damaging information is disclosed than is reasonably necessary.

True

True/False A statement that is substantially true, even if it is not true in all respects, is considered a true statement.

True

True/False Absolute immunity applies to husband-wife communications.

True

True/False An individual may be qualifiedly privileged to act for the protection of the recipient of statement if the statement is made within the parameters of the generally accepted standards of decent conduct and is in the context of a close personal or business relationship.

True

True/False Appropriation occurs when a defendant uses the plaintiff's name or picture for his own financial gain.

True

True/False Defamation involves the courts' attempt to balance freedom of expression against protection of individuals' reputation.

True

True/False Invasion of privacy originated as a result of a Law Review article.

True

True/False One who repeats a defamatory statement is liable even if he does not believe it to be true.

True

True/False Public disclosure of private facts occurs when private details are published about the plaintiff's life that would be highly offensive to a reasonable person.

True

True/False The physical intrusion required in a claim of unreasonable intrusion can involve the use of mechanical devices.

True

True/False The same intent, defenses, and privileges applicable to trade libel apply to slander of the title.

True

True/False To recover for trade libel, a plaintiff must show that the defendant made a false statement that ridiculed or disgraced the plaintiff's good or business.

True

True/False Unless the matter is not one of public interest, U.S. Supreme Court decisions require plaintiffs to prove that the defendant acted with reckless disregard at the very least if they are to recover presumed damages.

True

An opinion

Was considered defamatory under the common law unless it fell under the privilege of fair comment, is not considered defamatory by the U.S. Supreme Court if it is a pure expression of opinion, and can be defamatory if it implies factual matters

A private figure

Who successfully proves defamation, without actual malice, can never recover punitive damages