Term
| What are the main elements of defamation? |
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Definition
*false and defamatory statement
*publication
*intent/negligence
*understanding by third parties
*causation (actual/proximate)
*damages |
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Term
| What are the 5 defenses to defamation? |
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Definition
*truth
*consent
*absolute privilege(s)
*qualified privilege(s)
*constitutional defenses
*public official
*public figure |
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Term
| When the plaintiff is a public official or a public figure, what level of intent must the defendant have? |
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Definition
| *actual malice (knowing or reckless falsity) |
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Term
| What are the types of invasion of privacy torts? |
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Definition
*appropriation
*unreasonable intrusion
*public disclosure of private facts
*false light in the public eye |
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Term
| What are the elements of disparagement? |
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Definition
*false statement
*publication
*intent to disparage
*causation (actual/proximate)
*actual damage to plaintiff |
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Term
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Definition
| absolute defense to defamation, regardless of defendant's motives. |
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Term
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Definition
| acting with knowledge of the falsity of one's statement or with reckless disregard as to the truth or falsity of one's statement |
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Term
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Definition
use of the value of plaintiff
s name or picture for defendant's financial gain |
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Term
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Definition
| statement that tends to harm the reputation of another, encompassing both libel and slander |
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Term
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Definition
| representing the plaintiff to the public in a way that would be highly offensive to a reasonable person. |
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Term
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Definition
| false disparagement of a plaintiff's business, product, or property rights |
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Term
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Definition
| use of extrinsic facts to convey the defamatory meaning of a statement |
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Term
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Definition
| written defamatory statements |
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Term
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Definition
| monetary; that which can be values in terms of money |
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Term
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Definition
| damages that ordinarily stem from a defamatory statement and that do not require the showing of actual harm |
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Term
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Definition
| hearing or seeing of a defamatory statement by someone other than the plaintiff |
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Term
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Definition
| one who has achieved persuasive fame or notoriety or who becomes involved in a public controversy |
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Term
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Definition
| privilege that applies only when a defendant acts on the basis of certain well=defined purposes |
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Term
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Definition
| oral defamatory statements |
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Term
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Definition
| false disparagement of the plaintiff's property rights |
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Term
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Definition
| slander in which pecuniary harm can be assumed |
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Term
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Definition
| harm of a pecuniary nature |
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Term
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Definition
| false disparagement of the plaintiff's goods or business |
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Term
| What is the "value of the plaintiff" in appropriation cases? |
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Definition
| the name or picture of the plaintiff used by defendant for financial gain |
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Term
| what is "unreasonable intrusion?" |
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Definition
| defendant intentionally intrudes upon seclusion of plaintiff in a way that would be highly offensive to a reasonable person. |
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Term
| public disclosure of private acts: |
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Definition
| defendant publicizes details of plaintiff's private life that would be highly offensive to a reasonable person |
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Term
| judges, lawyers, parties, and witnesses have absolute privilege when? |
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Definition
| *during judicial proceedings |
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Term
| legislators have absolute privilege when? |
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Definition
| *when acting in furtherance of legislative function |
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Term
| witnesses have absolute privilege when? |
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Definition
| *when testifying before the legislature |
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Term
| federal officers, governors, and high-ranking state officials have absolute privilege when? |
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Definition
| *when acting in official capacity |
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Term
| Husband and wife have absolute privilege when? |
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Definition
| *when having private conversations |
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Term
| what are the types of qualified privilege? |
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Definition
*reports of public proceedings
*statement made to someone with capacity to act in the public interest
*statement made to protect one's own interests as long as not for the purpose of obtaining a competitive advantage |
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Term
| In libel cases, statements are written. (including records, computer tapes, dictation by stenographer) but... |
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Definition
| In slander cases the statements are oral. |
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Term
| In libel cases there is no need to prove special harm, but... |
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Definition
| in slander cases you must prove special harm unless slander per se. |
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Term
In libel cases presumed damages are awarded if:
*actual malice is shown in matter of public concern, or
*matter is a private concern, even if no actual malice is shown. But... |
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Definition
| in slander cases no presumed damages are awarded. |
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