Exam 2 Chapters 4 Study Guide
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| defamation is what type of wrong? | civil
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| what is a tort? | civil wrong
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| most common problem faced by those in mass media | libel
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| libel | any publication or broadcast that:
1. hurts ones reputation/2. lowers persons esteem in community
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| who faces the majority of libel suits? | the mass media
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| reasons libel suits are worst for the media: | 1.lots of time and money/2.otrageous claims sought and won/3.libel law puzzle/4.some plaintiffs use a tool to quiet those n press
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| SLAPP | Strategic Lawsuits Against Public Participation
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| 2 tests for SLAPP | 1.was defendant using free speech rights to comment on public issue?/2.has plaintiff brought enough evidence to show he/she has probability of winning?
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| solution for libel issues | retraction laws
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| 2 types of defamation | 1.libel / 2.slander
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| libel | written defamation
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| slander | oral defamation
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| 3 elements of libel | 1. defamation damages reputation of person, not character/2. words must actually damage reputation(proof necessary)/3. significant, representative minority of community must believe plaintiffs reputation has been harmed
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| survival statutes | state statutes that allow a dead one's relatives to continue pursuing a lawsuit after his/her's death
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| in a libel case who has burden of proof? | plaintiff
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| to win libel suit plaintiff must have 5 elements present. What are they? | 1. publication/ 2.identification/ 3. defamation/ 4. falsity/ 5. fault
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| publication | proof libel was published. in other words, another person besides the source and subject of libel have seen the defamatory material
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| scienter | guilty knowledge (defendant knows printed matter contained defamation)
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| identification | plaintiff must show court defamatory statement is concerning him/her
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| ways identification can occur: | 1. plaintiff may be explicitly named / 2. plaintiff can be described
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| if a libelous statement does not make an explicit identification what should the plaintiff do? | somehow prove that the defamatory words referred to him/her
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| can groups sue for identification? | yes, if they are a small group it is easier to prove libel. it also depends on the circumstances
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| defamation | plaintiff must prove the words were defamatory
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| 2 kinds of defamatory words | 1. "libel per se" / 2. "libel per quod"
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| libel per quod | words innocent at face value, but become defamatory if viewers/readers know other facts
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| libel per se | words that are clearly defamatory (ex: thief, liar, cheat)
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| single mistake rule | a rule that says it is not libelous to accuse a professional person or businessperson of making a single mistake because that is not enough to lower person's reputation or esteem in the community
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| trade libel | also called "disparagement of property"; focuses on the product itself
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| to win trade libel suit 3 things must be proven: | 1. statements made about the product are false /2. monetary loss because of false comments about the product /3. false comment about product were motivated by actual malice (ill will or bad feelings)
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| specific types of companies protected by statutes | banks, insurance companies, farmers (vegetables)
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| falsity | proving the defamatory material was false
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| first rule of proving falsity or truth | evidence presented must be direct and explicit
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| defamation by implication | if a story contains nothing but truthful statements yet leaves important facts out it can still be considered false
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| fault | proving the defendant was at fault
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