FYLSX Defamation and Privacy Torts 1

Question 1

What is the primary distinction between libel and slander?

Accepted Answer

Libel involves written or fixed-medium statements; slander involves spoken statements

Answer

Libel is defamation in a written or otherwise fixed, permanent form, while slander is defamation conveyed through transient spoken words.

Question 2

Which element is NOT required to establish a prima facie case of defamation?

Accepted Answer

Intent by the defendant to harm the plaintiff's reputation

Answer

Defamation does not require intent to harm; private-figure plaintiffs need only show negligence, and the tort can be committed without any purpose to injure.

Question 3

Under New York Times Co. v. Sullivan, a public official suing for defamation must prove:

Accepted Answer

Actual malice—knowledge of falsity or reckless disregard for the truth

Answer

The Supreme Court held in NYT v. Sullivan that public officials must prove actual malice—that the defendant knew the statement was false or acted with reckless disregard for its truth or falsity.

Question 4

Which of the following is a complete defense to a defamation claim?

Accepted Answer

Substantial truth of the defamatory statement

Answer

Truth (or substantial truth) is an absolute defense to defamation because a true statement, however harmful to reputation, cannot support a defamation claim.

Question 5

The 'publication' element of defamation is satisfied when:

Accepted Answer

The defamatory statement is communicated to at least one person other than the plaintiff

Answer

Publication requires only that the defamatory statement be communicated to a single third party—it need not reach a mass audience.

(FYLSX) Baby Bar Exam Practice Test

(FYLSX) Baby Bar Exam Practice Test

FYLSX Defamation and Privacy Torts 1