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Definition
| A false, defamatory, published statement of fact, attached to the plaintiff, that causes damages and where the plaintiff demonstrates the defendant's applicable "fault as to truth." |
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| In a Defamation cause of action, a statement is presumed to be false, however the plaintiff can raise truth of the statement as a defense. |
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| Exposes a person to distrust, hatred, contempt, ridicule, and obloquy, or has a tendency to injure a person in his office, occupation, business or employment, in the eyes of a respected population. |
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Definition
| Either intentional or negligent physical manifestation of a statement where at least one third-party person knows to whom it refers (colloquium), and understand the defamatory meaning (innuendo). |
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Term
| What are the consequences of a Foreseeable Republication? |
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Definition
The original publisher will be liable for damages due to a repeated publication that might have been reasonably anticipated.
and
The repeating published will also be liable for damages regardless of whether publication states its source, or even if it states that it does not believe the source. |
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Term
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Definition
| Normally end of the line disseminators, such as newsstands, and are not liable if they had no knowledge of matter, or had a ny reason to be put on guard. |
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Term
| "attached to the plaintiff" |
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Definition
| One must be able to connect statement with plaintiff on its face or with extrinsic evidence (knowledge about surrounding circumstances, and facts outside the statement). |
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Term
| Can a large group be defamed? |
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Definition
| Not unless particular circumstances point to the plaintiff defamed. The group must be so small that any defamation of the class would affect an individual of the class (25 or less is the majority view). |
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| Can a corporation be defamed? |
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| A corporation can maintain an action if the statement refers to it's business practices and will affect profitability. |
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Definition
| A connection must be made between the statement and the particular harm done to the plaintiff. |
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| The type of harm done by the publication, and what type of recovery entitled to plaintiff. |
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| Any loss that can be proven, including emotional distress, and injury to reputation. |
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| Damages "at large" awarded by the jury. The jury is permitted to estimate harm to the plaintiff's reputation without need of evidence. |
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| Above and beyond damages that may be pursued to punish the defendant if "common law malice" (malicious, willful, or desire to injure) is proven. |
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Term
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Definition
| Publication of defamatory matter in written or printed words, by its embodiment in a physical form. Formerly separated as Libel Per Se, or Libel Per Quod, however now all Libel is considered Libel Per Se, awarding presumed damages. |
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Term
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Definition
| Publication of defamatory matter by spoken words or transitory gestures, communicated without any embodiment in a physical form. Special Damages must be proven in order to recover (if proven, Presumed Damages may be pursued). |
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Term
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Definition
Slander considered with such a quality that, on its face, should be exempted from having to prove Special Damages in order to pursue Presumed Damages. There are four types:
1) Imputation of a Major Crime;
2) Loathsome Disease;
3) Impedes Business, Trade or Profession; and
4) Serious Sexual Misconduct. |
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Term
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Definition
| An additional provision to a defamation action, due to the Constitution, which sets standard against the defendant's actionable state of mine as to truth or falsity of the statement, and by doing so indicates the type of damages the plaintiff may recover. |
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Term
| What damages can be recovered for DEFAMATION? |
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Definition
Damages Pyramid (Must prove first tier to move on to next):
1) Special Damages: Pure financial loss;
2) Actual Damages: Any other loss that can be proven (e.g. emotional distress or injury to reputation)
3) Punitive Damages: Damages "at large" awarded by jury; permitted to estimate the harm to plaintiff's reputation without evidence.
4) Punitive Damages: May be pursued when "common law malice" is proven. |
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Term
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Definition
| The act was malicious, willful, or was done will desire/intent to injure. |
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Term
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Definition
| An issue publicly debated with foreseeable and substantial ramifications for non-participants. If issue is not a "public concern," it is considered a "private concern." |
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Term
| Private plaintiff v. Any defendant in an issue of "public concern" |
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Definition
| If negligence is proven, Actual Damages can be rewarded; if NY Times/"actual malice" can be proven, Presumed Damages can be rewarded. |
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| Private plaintiff v. Any defendant in an issue of "private concern" |
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Definition
| If negligence is proven, Presumed Damages can be rewarded. |
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Term
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Definition
| A person made prominent, either due to his office (public officials), circumstances (limited public figure), or behavior (voluntary public figure), thereby adding additional Constitutional considerations a defamation cause of action. |
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Term
| How do you know if the plaintiff is a "public official?" |
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Definition
The position in government has such apparent importance that the public has an independent interest in the qualifications and the performance of the person who holds it, beyond the general public interest in the qualifications and performance of all government employees.
*Note: This rule has extended to include candidates for public office. |
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Term
| How do you know if the plaintiff is a "limited public figure?" |
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Definition
1) Is there a pre-existing controversy?
2) Does the defendant play a substantial role?
3) Doe the statement refer to the controversy?
*Note: If the issue has been determined to be a "public concern," you must look to see if this makes the plaintiff a "limited public figure." |
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Term
| How do you know if the plaintiff is a "voluntary public figure?" |
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Definition
The court has applied 5 elements:
1) the plaintiff has access to channels of effective communication;
2) the plaintiff voluntarily assumed a role of special prominence;
3) the plaintiff south to influence the resolution or outcome of controversy;
4) the controversy existed prior to the publication of the defamatory statement;
5) the plaintiff retained public figure status at the time of the alleged defamation.
*Note: Instances of "involuntary public figure" are extremely rare. |
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Term
| New York Times v. Sullivan |
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Definition
| Public figures are prohibited from recovering for defamation unless "actual malice" is proven with "clear and convincing evidence." |
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Term
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Definition
| Statement is made with knowledge of falsity or with reckless disregard (entertained serious doubts as to the truth of the statement) of whether it was false or not. |
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Term
| Public Figure v. And defendant |
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Definition
| "actual malice" must be proven. If so, plaintiff may recover Presumed Damages. |
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Term
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Definition
| Complete immunity for defamatory words published in the course of certain proceedings (e.g. Judicial, Legislative, and Federal Officers in the course of their duties). |
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Term
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Definition
| Conduct which would otherwise be actionable may escape liability if defendant is acting in furtherance of some interest of social importance, which is entitled to protection even at the expense of uncompensated harm to plaintiff's reputation. |
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Term
| What type of conduct qualifies as "conditionally privileged" from DEFAMATION? |
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Definition
1) Protect One's Own Interests: If made in an effort to recover stolen property;
2) Protect Interests of a Third Party: If publisher reasonably believes the information affects a sufficiently important interest of the third party;
3) Common Interest: |
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Term
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Definition
| Applicable if the reported statement was made in a public hearing/meeting, and it is either verbatim or a fair/accurate summary of statement. |
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