Defamation

Front 1

Prima Facia Case (Defamation)

Back 1

A defamatory publication made to one other than the plaintiff that is understood by the plaintiff to be of and concerning them and tending to harm their reputation.

Front 2

Harm

Back 2

Diminishment of esteem, respect and goodwill and detering others from associtiation with the plaintiff.

Front 3

Survival of Death

Back 3

A defamation action does not survive death.

Front 4

Public Figure

Back 4

Where plaintiff is a public figure, or has interjected themselves as such, the defendant bears the burden of proof as the privilege and the plaintiff the burden as to the falsity.

Front 5

Public Matter

Back 5

Negligence is required and a reasonable person would have questioned the truth of the statement, damages are limited to actual harm.

Front 6

Opinion

Back 6

Opinion is generally not actionable unless facts are implied.

Front 7

Cause of Action (Libel)

Back 7

Libel is defamation recorded in permanent form and presumes general damages.

Front 8

Cause of Action (Libel Per Se)

Back 8

Publication of a false statement accusing another of a crime, immoral acts, inability to perform his/her profession, having a loathsome disease (like syphilis), or dishonesty in business.

Front 9

Cause of Action (Slander)

Back 9

Spoken defamation requiring proof of defamation or pecuniary loss unless it is Slander Per Se.

Front 10

Cause of Action (Slander Per Se)

Back 10

Oral publication of a false statement about another which accuses him/her of a crime, immoral acts, inability to perform his/her profession, having a loathsome disease (like syphilis), or dishonesty in business. Such claims are considered so obviously harmful that malice need not be proved to obtain a judgment for "general damages," and not just specific losses.

Front 11

Defenses Types (3+2)

Back 11

Consent, Truth, Priviliges (Absloute & Qualified)

Front 12

Defenses (Consent)

Back 12

Limited in scope. Express or implied.

Front 13

Defenses (Truth)

Back 13

Statement should be published in good faith.

Front 14

Defenses (Privileges - Absolute)

Back 14

Judicial, Executive and Legislative proceedings, Compelled Broadcasts and Spousal Communication.

Front 15

Defenses (Privileges - Qualified)

Back 15

Public reporting and intest of recipient

Front 16

Remedies (Compensatory)

Back 16

General Damages for losses due to harm to reputation, Special Damages for reasonably foreseeable harm.

Front 17

Remedies (Mitagation of Damages)

Back 17

Full retraction of defamatory statement.

Front 18

Purpose of Action (Compare To Invasion of Privacy)

Back 18

Defamation = Protection of individuals right to a good reputation. Iop = Protection of individuals right to be left alone.