Wednesday, November 6, 2019

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made _______.

Which of the following may a person accused of defamation raise as a defense? 
A. Truth only.
B. Privilege only.
C. Need and truth.
D. Need, truth and privilege.
E. Truth and privilege.
A person accused of defamation can raise two defenses: truth and privilege.

When a[n] _______________ privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim. 
A. Simple
B. Complex
C. Defamation
D. Absolute
E. None of the above.
A person with absolute privilege cannot be sued for defamation for any false statements made, regardless of intent or knowledge of their falsity.

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made _______. 
A. with actual malice
B. negligently
C. in print
D. publicly
E. to an employer
Under conditional privilege, a party will not be held liable for defamation unless the false statement was made with actual malice, that is, with either knowledge of its falsity or reckless disregard for its truth.

Which of the following would generally be public figures for purposes of the public figure privilege to actions for defamation? 
A. Politicians only.
B. Entertainers only.
C. Business owners only.
D. Politicians and entertainers.
E. Politicians, entertainers and business owners.
Public figures are those in the public eye, typically politicians and entertainers.

Which of the following would constitute the privacy tort of false light? 
A. Attributing characteristics or beliefs to a person that he or she does not possess.
B. Disclosing private facts about a person.
C. Defaming a person with actual malice.
D. Defaming a public figure.
E. Defaming a public figure for personal gain.
False light is closely related to defamation and occurs when publicity about a person creates an impression about that individual that is not valid.

Which of the following is true regarding the "case opener" involving the lawsuit for defamation brought by a plastic surgeon against the physician? 
A. The lawsuit was dismissed because of a lack of proof of an untrue statement.
B. The lawsuit was dismissed because of a lack of proof that the plastic surgeon was a public figure.
C. The lawsuit was dismissed both because of a lack of proof of an untrue statement and because of a lack of proof that the plastic surgeon involved was a public figure.
D. The verdict was upheld because the damages were proper and the plastic surgeon was not a public figure.
E. The verdict was upheld because the damages were proper and the plastic surgeon was a public figure.
On appeal, the defendant argued that the plastic surgeon was a public figure and as a result the jury should have been instructed that actual malice had to be shown. The supreme court of Nevada held that the plastic surgeon did not qualify as a public figure because he "did not voluntarily interject himself into a public [medical] controversy." Additionally, the court found that the awarded compensatory and punitive damages were proper.

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