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12 Cards in this Set
- Front
- Back
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What is defamation?
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Unconsented and unprivileged communication to a third party of a false idea which tends to injure the plaintiff's reputation by lowering the community's estimation of him, or by causing him to be shunned or avoided or by exposing him to hatred, contempt, or ridicule.
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Defamation per se
damages? |
Per se - something that is defamatory on its face (ie: Obama is a nazi)
Damages are presumed - don't have to be proven |
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Defamation per quod
damages? |
Per quod - Not defamatory on its face, but actionable if extrinsic facts can be shown which demonstrate their injurious implication (ie: Nate is the father of three children ... extrinsic fact - I'm not married)
Need to prove damages |
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Defense to a claim of defamation?
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TRUTH is a complete defense
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Defamation
Abusive words in the heat of an argument... Are they actionable? |
Abusive words spoken in the head of anger are rarely actionable in their context - defendant is angry rather than meaning it literally.
If the words really do adversely affect P's reputation, then an action may lie. |
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Defamation
Jest ... Are joking words actionable? |
Nope, not defamatory even though they are defamatory on their face.
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Defamation
Rules if the plaintiff or the defendant dies... |
Libel is a personal tort, so it dies with the dead who was defamed. Survivors do not have the ability to bring a suit for the dead.
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Defamation
Is there a remedy for injury to the reputation of an unorganized group or class whose only relationship is based on race, religion, or nationality. |
Nope.
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Defamation
How many people have to hear/read the defamatory statement (or know that the statement is about you)? |
One is enough.
Just have to show that a reasonable person who read the publication could identify the statement as being about the P. |
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Defamation
For a public figure to bring a defamation action, he must prove: |
Actual malice - knew of the falsehood or reckless disregard of the truth
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Defamation
For a private figure to get presumed or punitive damages, he must show |
Actual malice - knew of the falsehood or reckless disregard of the truth
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Defamation
Slander - what will the court look at to determine whether or not there is slander? |
False assertions of fact are actionable
Looks at both the statement itself and the context in which it was published. |
