Chapter 13 Fill In Blank/short Answer

Front 1

_____ is the imputation of immoral,dishonest or dishonorable conduct to another by spoken or written word.

Back 1

Defamation

Front 2

**______ is a form of defamation which is malicious publication, expressed in printing or writing, signs or pictures.

Back 2

Libel

Front 3

**________ is a form of defamation by the spoken word.

Back 3

Slander

Front 4

____ ______ ____ _____ ______ is afforded to individuals who perform vital governmental functions defined by the courts as judicial, legislative or executive and for communications made in connection with performance of official duty.

Back 4

absolute privilege or absolute immunity

Front 5

**______ ___ ____ is a type of defamation where words, in and of themselves, without proof, injure one's reputation,

Back 5

Defamation per se

Front 6

_______ ____ ____ is defamation that requires the proof of special harm or actual damage.

Back 6

Defamation per quod

Front 7

______ is legal term that describes all acts done with evil disposition and unlawful motive with intent to injure or cause harm to another.

Back 7

Malice

Front 8

The 2 types of privileged communications are _________ ________ and ________ ________.

Back 8

absolute privilege and qualified (conditional) privilege

Front 9

The ______ ______ _____ ______ ______ _______ is a public law that establishes standards to which school districts must adhere in the handing of student records.

Back 9

Family Educational Rights and Privacy Act (FERPA)

Front 10

Explain the difference between absolute privilege and qualified privilege.

Back 10

Absolute: someone that performs a vital government function in carrying out the will of the public. ( judicial or legislative proceedings)

Qualified: conditioned or has a particular qualification ( educators speaking in good faith) not gossip

Front 11

List the characteristics of communication made by public school officials and teachers necessary for at least a qualified privilege from liability.

Back 11

in good faith

without malice

upon reasonable grounds

in answer to inquiry

in assisting or protecting the public interest duty

Front 12

**Distinguish through definition the difference between defamation per se and per quod.

Back 12

Defamation per se: someone communicates (articulates or conveys) information no special damages need to be shown.

Defamation per quod: publication must prove damage.

Front 13

Define "good faith immunity"

Back 13

Qualified/conditional privilege protects the teacher or school official when statements are made in good faith and without malice. Law presumes school officials are acting on behalf of the public in his/her performance

Front 14

List and describe 2 types of malice

Back 14

Malice in law/implied malice- defamation per se( derogatory comments, either oral or written)

Actual Malice- dependent on the defendants motive for making the statement