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Question 1
Robert Byrd and Ted Kennedy are United States Senators from Virginia and Massachusetts respectively. Senator Byrd has proposed a new tax bill that Senator Kennedy opposes. While they are debating the bill on the senate floor one day, Senator Byrd gets so frustrated with Senator Kennedy that he yells out "You drunk Boston bum. If you ever came to work sober, even for five minutes, you would see why we need to pass this bill." Outraged at the implication that he drinks too much, Senator Kennedy sues Senator Byrd for defamation. Senator Kennedy will probably:
Correct
Incorrect!
Correct
Incorrect!
Correct Absolute privilege is a complete defense to defamation. One absolute privilege is the legislative privilege which grants all federal and state legislative officials the absolute privilege to utter defamatory statements while on the floor of the legislatures or in committee sessions, even if the defamatory statements have nothing to do with the business at hand. Here, Senator Byrd is protected by the legislative privilege. Therefore, Senator Kennedy's suit will fail and C is the correct answer.
Incorrect! Absolute privilege is a complete defense to defamation. One absolute privilege is the legislative privilege which grants all federal and state legislative officials the absolute privilege to utter defamatory statements while on the floor of the legislatures or in committee sessions, even if the defamatory statements have nothing to do with the business at hand. Here, Senator Byrd is protected by the legislative privilege. Therefore, Senator Kennedy's suit will fail and C is the correct answer.
Correct
Incorrect!
Question 2
Ivan is arrested and put on trial for insider trading and other securities law violations. Michael, the government's star witness, is being questioned by the government's attorney. The attorney asks Michael if he had any knowledge that Ivan had been making illegal stock trades. Michael answers by saying "I had seen that Ivan was making more money than usual and then I saw a memo that he wrote to his brother, saying that he had some secret information about a company that he was going to buy stock in. By the way, Ivan has also been cheating on his wife for the past six years." If Ivan sues Michael for defamation, he will probably:
Correct
Incorrect!
Correct Absolute privilege is a complete defense to defamation. One absolute privilege is the judicial privilege which gives any participant in a judicial proceeding the absolute privilege to utter defamatory statements in the course of the proceedings as long as the statements have some relevancy to the proceedings. Defamatory statements that have no connection or relevance to the judicial proceedings are not protected. Here, Michael's statements about Ivan's fidelity had no relevance to the trial and so he is not protected by the judicial privilege, as far as those statements go. Therefore, Ivan will be able to recover from Michael and B is the correct answer.
Incorrect! Absolute privilege is a complete defense to defamation. One absolute privilege is the judicial privilege which gives any participant in a judicial proceeding the absolute privilege to utter defamatory statements in the course of the proceedings as long as the statements have some relevancy to the proceedings. Defamatory statements that have no connection or relevance to the judicial proceedings are not protected. Here, Michael's statements about Ivan's fidelity had no relevance to the trial and so he is not protected by the judicial privilege, as far as those statements go. Therefore, Ivan will be able to recover from Michael and B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Maurice and Barry are brothers. One day, Barry is approached by Robyn, an acquaintance of Maurice's. Robyn asks Barry if Barry can lend him some money. Maurice tells Barry not to lend Robyn any money because Robyn is a deadbeat who doesn't pay his debts. Barry refuses to lend Robyn the money. If Robyn sues Maurice for defamation, he will probably win:
Correct
Incorrect!
Correct Maurice has satisfied the three elements required for a conditional privilege. Further, he has the necessary relationship (either business or family) with Barry to be able to volunteer information. Therefore, he has a conditional privilege that protects him from liability and the correct answer is FALSE.
Incorrect! Maurice has satisfied the three elements required for a conditional privilege. Further, he has the necessary relationship (either business or family) with Barry to be able to volunteer information. Therefore, he has a conditional privilege that protects him from liability and the correct answer is FALSE.
Question 4
Maurice and Barry are good friends. One day, Barry is approached by Robyn, an acquaintance of Maurice's. Robyn asks Barry if Barry can lend him some money. Maurice tells Barry not to lend Robyn any money because Robyn is a deadbeat who doesn't pay his debts. Barry refuses to lend Robyn the money. If Robyn sues Maurice for defamation, he will probably win:
Correct Maurice has satisfied the three elements required for a conditional privilege. However, he does not have the necessary relationship (either business or family) with Barry to be able to volunteer information. Therefore, Maurice is not privileged to say what he said and the correct answer is TRUE.
Incorrect! Maurice has satisfied the three elements required for a conditional privilege. However, he does not have the necessary relationship (either business or family) with Barry to be able to volunteer information. Therefore, Maurice is not privileged to say what he said and the correct answer is TRUE.
Correct
Incorrect!
Question 5
Maurice and Barry are good friends. One day, Barry is approached by Robyn, an acquaintance of Maurice's. Robyn asks Barry if Barry can lend him some money. Barry asks Maurice whether or not he should lend Robyn the money and Maurice tells Barry not to lend Robyn any money because Robyn is a deadbeat who doesn't pay his debts. Barry refuses to lend Robyn the money. If Robyn sues Maurice for defamation, he will probably win:
Correct
Incorrect!
Correct Maurice has satisfied the three elements required for a conditional privilege. Although he does not have the necessary relationship (either business or family) with Barry to be able to volunteer information, the information that Maurice gave Barry was in response to Barry's question. Since Maurice was privileged to answer Barry's question, he will be insulated from liability and the correct answer is FALSE.
Incorrect! Maurice has satisfied the three elements required for a conditional privilege. Although he does not have the necessary relationship (either business or family) with Barry to be able to volunteer information, the information that Maurice gave Barry was in response to Barry's question. Since Maurice was privileged to answer Barry's question, he will be insulated from liability and the correct answer is FALSE.
Question 6
Maurice and Barry are good friends. One day, Barry is approached by Robyn, an acquaintance of Maurice's. Robyn asks Barry if Barry can lend him some money. Barry asks Maurice whether or not he should lend Robyn the money and Maurice tells Barry not to lend Robyn any money because Robyn is a deadbeat who doesn't pay his debts. Maurice knows that Robyn is actually very good about repaying his debts but he doesn't particularly like Robyn and doesn't want to see Barry lend him any money. Barry refuses to lend Robyn the money. If Robyn sues Maurice for defamation, he will probably win:
Correct The general rule is that defendant must honestly believe that his defamatory statements are true in order to qualify for a conditional privilege. Thus, if he knows that his defamatory statements are false, he forfeits his conditional privilege and plaintiff will have a viable cause of action against him. Here, Maurice knew his statements were false. Therefore, Robyn will be able to recover and the correct answer is TRUE.
Incorrect! The general rule is that defendant must honestly believe that his defamatory statements are true in order to qualify for a conditional privilege. Thus, if he knows that his defamatory statements are false, he forfeits his conditional privilege and plaintiff will have a viable cause of action against him. Here, Maurice knew his statements were false. Therefore, Robyn will be able to recover and the correct answer is TRUE.
Correct
Incorrect!
Question 7
Maurice and Barry are good friends. One day, Barry is approached by Robyn, an acquaintance of Maurice's. Robyn asks Barry if Barry can lend him some money. Barry asks Maurice whether or not he should lend Robyn the money and Maurice tells Barry not to lend Robyn any money because Robyn is a deadbeat who doesn't pay his debts. Maurice then repeats the conversation to his other friend Mike. Barry refuses to lend Robyn the money. If Robyn sues Maurice for defamation, he will probably win:
Correct One of the elements required for a conditional privilege is that the defamatory statement is made only to someone who is in a position to protect the interest that is at stake. While Barry was in a position to protect that interest, Mike was not. Therefore, Maurice was not privileged to say what he said to Mike and the correct answer to the question is TRUE.
Incorrect! One of the elements required for a conditional privilege is that the defamatory statement is made only to someone who is in a position to protect the interest that is at stake. While Barry was in a position to protect that interest, Mike was not. Therefore, Maurice was not privileged to say what he said to Mike and the correct answer to the question is TRUE.
Correct
Incorrect!
Question 8
Bill and George are each running for president. In one of his campaign speeches, George says "My opponent is a no-nothing hick with no sense of morals." The speech is broadcast the next day by a popular New York radio station. If Bill sues the radio station for publishing George's defamatory statement, he will win:
Correct
Incorrect!
Correct Under federal law, radio and television stations have an absolute privilege to broadcast defamatory statements made in campaign speeches of candidates running for government office. Therefore, Bill will not be able to recover against the radio station and the correct answer is FALSE.
Incorrect! Under federal law, radio and television stations have an absolute privilege to broadcast defamatory statements made in campaign speeches of candidates running for government office. Therefore, Bill will not be able to recover against the radio station and the correct answer is FALSE.
Question 9
Bill and George are each running for president. In one of his campaign speeches, George says "My opponent is a no-nothing hick with no sense of morals." The speech is re-broadcast the next day by a popular New York radio station. If Bill sues the radio station for re-publishing George's defamatory statement, he will win:
Correct Under federal law, radio and television stations have an absolute privilege to broadcast defamatory statements made in campaign speeches of candidates running for government office. However, while these protections are absolute as far as original publishers are concerned, re-publishers are not automatically protected by this absolute privilege. Therefore, unless the radio station can establish its own privilege, Bill will be able to recover and the correct answer is TRUE.
Incorrect! Under federal law, radio and television stations have an absolute privilege to broadcast defamatory statements made in campaign speeches of candidates running for government office. However, while these protections are absolute as far as original publishers are concerned, re-publishers are not automatically protected by this absolute privilege. Therefore, unless the radio station can establish its own privilege, Bill will be able to recover and the correct answer is TRUE.