TRY ME!
Defamation And Privacy Torts
Summary
Defamation consists of libel and slander. Facts can be objectively verified. Defamatory opinions can be actionable. Actual malice is required for public figures. Qualified privilege can be lost if misused. Appropriation involves unauthorized use of someones likeness. Public disclosure of private facts requires sharing with others. Public figures must prove actual malice in defamation cases. Platforms like Google are protected under Section 230. Public disclosure of private facts can occur even with true information if its not of public concern.Full Conversation
A fact is a statement that can be objectively established as true or false.
Question * options:
True
False
True. A fact is indeed a statement that can be objectively established as true or false.
Defamatory opinions can never be actionable.
Question * options:
True
False
The correct answer is False. Defamatory opinions can be actionable if they imply false, defamatory facts or if they are not clearly based on disclosed, truthful facts.
Actual malice must always be proven by any plaintiff who sues the media for defamation.
Question * options:
True
False
Case Rating: *
The correct answer to the question is "False." In defamation cases involving private individuals, actual malice does not need to be proven. Actual malice must be proven when the plaintiff is a public figure or public official, as established in New York Times Co. v. Sullivan.
The correct answer to the question is "False." In defamation cases involving private individuals, actual malice does not need to be proven. Actual malice must be proven when the plaintiff is a public figure or public official, as established in New York Times Co. v. Sullivan.
A qualified privilege can be lost if it is not exercised in a reasonable manner for a proper purpose.
Question * options:
True
False
Case Rating: *
In response to your question, the correct answer is "True." A qualified privilege can be lost if it is not exercised in a reasonable manner or for a proper purpose. This means that if someone abuses the privilege by acting with malice or for an improper purpose, the protection it provides can be forfeited.
Do you have any other legal questions or need further clarification on this topic?
In response to your question, the correct answer is "True." A qualified privilege can be lost if it is not exercised in a reasonable manner or for a proper purpose. This means that if someone abuses the privilege by acting with malice or for an improper purpose, the protection it provides can be forfeited.
Do you have any other legal questions or need further clarification on this topic?
Appropriation is the use of the plaintiff's name, likeness, or personality for the benefit of the user.
Question * options:
True
False
Case Rating: *
The correct answer to this question is "True." Appropriation involves the unauthorized use of a plaintiff's name, likeness, or personality for the defendant's benefit, typically for commercial purposes.
The correct answer to this question is "True." Appropriation involves the unauthorized use of a plaintiff's name, likeness, or personality for the defendant's benefit, typically for commercial purposes.
Public disclosure of private fact can be established even if the only person to whom the defendant communicated the private fact was the plaintiff.
Question * options:
True
False
Case Rating: *
The correct answer to the question is "False." Public disclosure of private fact requires that the private information be communicated to someone other than the plaintiff. For this tort to be actionable, the private fact must be made public or disclosed to a large number of people.
Do you have any other legal questions or need further clarification on this topic?
The correct answer to the question is "False." Public disclosure of private fact requires that the private information be communicated to someone other than the plaintiff. For this tort to be actionable, the private fact must be made public or disclosed to a large number of people.
Do you have any other legal questions or need further clarification on this topic?
Public disclosure of private fact requires the communication of a false private fact.
Question * options:
True
False
Case Rating: *
The correct answer to the question is "False." Public disclosure of private fact does not require the communication of a false private fact. It requires the communication of true private information that would be highly offensive to a reasonable person and is not of legitimate public concern.
Is there anything else you need help with?
The correct answer to the question is "False." Public disclosure of private fact does not require the communication of a false private fact. It requires the communication of true private information that would be highly offensive to a reasonable person and is not of legitimate public concern.
Is there anything else you need help with?
Alice is the mayor of the city. The local newspaper publishes a story that falsely accuses Alice of unethical behavior.
Question * options:
*)
The newspaper must prove that it was unaware of the falsity of the story.
*)
Alice can win only if she proves that the newspaper published the story with actual malice.
*)
The newspaper must prove that it was no more than negligent in printing the story.
*)
Alice can win if she proves that the newspaper published the story negligently.
Case Rating: *
In the case described, Alice is a public figure as the mayor of the city. Under U.S. defamation law, a public figure must prove "actual malice" to win a defamation lawsuit. Actual malice means that the statement was made with knowledge of its falsity or with reckless disregard for the truth.
Answer: (*) Alice can win only if she proves that the newspaper published the story with actual malice.
Would you like more information on defamation laws in New Mexico or have any other legal questions?
In the case described, Alice is a public figure as the mayor of the city. Under U.S. defamation law, a public figure must prove "actual malice" to win a defamation lawsuit. Actual malice means that the statement was made with knowledge of its falsity or with reckless disregard for the truth.
Answer: (*) Alice can win only if she proves that the newspaper published the story with actual malice.
Would you like more information on defamation laws in New Mexico or have any other legal questions?
On a Google forum, Oliver calls Jim a wife-beater. Which is true?
Question * options:
*)
Google and Oliver have defamed Jim.
*)
Google but not Oliver has defamed Jim.
*)
Oliver but not Google has defamed Jim.
*)
The statement is protected opinion.
Case Rating: *
The correct answer depends on whether the statement is considered a factual assertion or a protected opinion. If the statement is seen as making a factual claim that is false and damaging to Jim's reputation, Oliver could be liable for defamation. Google, as a platform, typically has protections under Section * of the Communications Decency Act, which shields it from liability for user-generated content.
- If the statement is a factual claim and false, Oliver could be liable for defamation.
- Google is generally protected under Section * and would not be liable.
The best answer is:
*) Oliver but not Google has defamed Jim.
Do you have any more questions or need further clarification on defamation laws in New Mexico?
The correct answer depends on whether the statement is considered a factual assertion or a protected opinion. If the statement is seen as making a factual claim that is false and damaging to Jim's reputation, Oliver could be liable for defamation. Google, as a platform, typically has protections under Section * of the Communications Decency Act, which shields it from liability for user-generated content.
- If the statement is a factual claim and false, Oliver could be liable for defamation.
- Google is generally protected under Section * and would not be liable.
The best answer is:
*) Oliver but not Google has defamed Jim.
Do you have any more questions or need further clarification on defamation laws in New Mexico?
Ted is a dentist who lost his license to practice after the dental board ruled that too many credible dental malpractice claims had been filed against him. Twenty years after he lost the license, a local newspaper, The Sun Times, publishes an accurate story that gives the details of his history as a dentist. What invasion of privacy tort has probably been committed?
Question * options:
*)
intrusion
*)
appropriation
*)
public disclosure of private fact
*)
false light
Case Rating: *
Given the information, the most relevant invasion of privacy tort in Ted's case would likely be:
*) Public disclosure of private fact
Even though the published information is accurate, it might still be considered private and not of legitimate public concern, thus potentially making it a case of public disclosure of private facts.
Do you have any further questions regarding Ted's case or any other legal issue?
Given the information, the most relevant invasion of privacy tort in Ted's case would likely be:
*) Public disclosure of private fact
Even though the published information is accurate, it might still be considered private and not of legitimate public concern, thus potentially making it a case of public disclosure of private facts.
Do you have any further questions regarding Ted's case or any other legal issue?
Start a new chat