Term
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Definition
1. Defamatory language
2. Of or concerning plaintiff
3. Publication and
4. Damage to plaintiff's repution |
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Term
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Definition
| Tending to adversely affect one's repution |
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Term
| Inducement/innuendo/colloquium |
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Definition
If the statement is not defamatory on its face, plaintiff may plead additional facts (INDUCEMENT) to establish defamatory meaning (INNUENDO)
COLLOQUIUM: when the statement does not refer to plaintiff on its face, extrinsic evidence may be offered to establish it refers to P |
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Term
| Defamation: living person requirement |
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Definition
| Defamation of a deceased person is not actionable |
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Term
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Definition
All members of a small group, each member bay establish statement is of and concerning him
Large group = no of and concerning
Some members of a small group = reasonable person views as referring to plaintiff |
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Term
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Definition
Can be made either intentionally or negligently
Intent to publish, not intent to deface that is requisite intent |
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Term
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Definition
One who repeats a defamation is liable on the same general basis as the primary publisher.
One selling papers or playing tapes is a secondary publisher and is liable only if knows or show know of the defamatory content. |
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Term
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Definition
Written or printed publication of defamatory language.
Plaintiff does not need to prove special damages and general damages are presumed. |
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Term
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Definition
Spoken defamation.
Plaintiff must prove special damages unless slander per se (business reputation, disease, moral terpitude, unchaste) |
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Term
| Defamation: first amendment concerns |
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Definition
Public concern = plaintiff must prove falsity of statement and fault on part of defendant.
Public figure = malice (knowledge or reckless disregard)
Private= negligence |
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Term
| Defamation: public figure defined |
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Definition
| Achieving pervasive fame or notoriety or by voluntarily assuming a central role in a particular public controversy. |
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Term
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Definition
1. Consent
2. Trust
3. Absolute privilege: legislator/executive/judicial, marital
4. Qualified- lost on abuse |
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Term
| Defamation: qualified privilege |
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Definition
| 1. reports of official proceedings 2. statements in the interest of the publisher 3. defense of one's actions, property or reputation, 4. statements in interest of recipient |
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Term
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Definition
1. Appropriation of plaintiff's name or picture
2. Intrusion on plaintiff's affairs or seclusion
3. Publication of facts placing plaintiff in a false light
4. Public disclosure of private facts |
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Term
| Appropriation of plaintiff's picture or name |
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Definition
| It is necessary to show unauthorized use of plaintiff's picture of name for defendant's commercial advantage. |
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Term
| Intrusion on plaintiff's affairs or seclusion |
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Definition
| The act of prying or intruding must be highly offensive to a reasonable person. |
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Term
| Publication of facts placing plaintiff in false light |
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Definition
False light exists where one attributes to plaintiff views he does not hold or actions he did not take.
Must be highly offensive to a reasonable person. |
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Term
| Public disclosure of private facts |
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Definition
This wrong involves public disclosure of private information about plaintiff.
Public disclosure must be highly offensive to a reasonable person. |
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Term
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Definition
Consent
Defamation privilege
Truth is not a good defense. |
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