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20 Cards in this Set
- Front
- Back
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proof that the material was produced for mass distribution, which technically involves 3 people
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publication
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what three people does publication involve?
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person who said it or wrote it, person who it's about, third party who reads the remardk or sees the remark
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ex. of publication in elements of libel. letter accusing her of various sexual activities called her awful names etc. she sued him for defamation of character after showing the letter to a friend. although the statements were disgusting and lies, the case was through out because she voluntarily showed the letter to a friend, so that is publishing
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shepard vs. lampher
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when you voluntarily publish something, you give up your right to
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sue for damages
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proof that you were readily identified in elements of libel
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identification
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2 ways to identify people
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naming the person outright, such as publishing their address, talking about their membership in a group small enough to readily identify the people in it. ex. fsu football team vs. single out the quarter back
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ex. of identification in elements of libel. Laite wrote in a tabloid that all floor models were prostitutes, all the men were gay, and all sales women were call girls. almost all the people won because they were small groups. too many sales women so group was too large and did not get any damages because they weren't identifiable.
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.Neiman Marcus vs. Laite
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an element of libel that damages personal reputation, questions their professional reputation, and impedes their right to social contact. only need one to take place
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real defamation
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an element of libel known as real defamation must have what? only need one for real defamation to take place
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damages personal reputation, questions professional reputation, and impedes right to social contact
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statement must not be ----- for defamation to occur. ---- is an absolute defense for libel
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true, truth
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proof that the material was produced for mass distribution, which technically involves 3 people
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publication
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what three people does publication involve?
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person who said it or wrote it, person who it's about, third party who reads the remardk or sees the remark
|
|
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ex. of publication in elements of libel. letter accusing her of various sexual activities called her awful names etc. she sued him for defamation of character after showing the letter to a friend. although the statements were disgusting and lies, the case was through out because she voluntarily showed the letter to a friend, so that is publishing
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shepard vs. lampher
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when you voluntarily publish something, you give up your right to
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sue for damages
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proof that you were readily identified in elements of libel
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identification
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2 ways to identify people
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naming the person outright, such as publishing their address, talking about their membership in a group small enough to readily identify the people in it. ex. fsu football team vs. single out the quarter back
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ex. of identification in elements of libel. Laite wrote in a tabloid that all floor models were prostitutes, all the men were gay, and all sales women were call girls. almost all the people won because they were small groups. too many sales women so group was too large and did not get any damages because they weren't identifiable.
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.Neiman Marcus vs. Laite
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an element of libel that damages personal reputation, questions their professional reputation, and impedes their right to social contact. only need one to take place
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real defamation
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an element of libel known as real defamation must have what? only need one for real defamation to take place
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damages personal reputation, questions professional reputation, and impedes right to social contact
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statement must not be ----- for defamation to occur. ---- is an absolute defense for libel
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true, truth
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