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Question 1
Bill is the owner of a small computer company. Steve is the owner of another small computer company that is in competition with Bill. Both Bill and Steve are applying to the same bank for a business loan that they will use to expand their businesses. The bank can only afford to give one of them the loan. The bank decides to meet with Bill and Steve together and then decide who to give the loan to. At the meeting, the bank decides to give Bill the loan and Bill excuses himself to go call his partner Paul and tell him the news. While Bill is out of the room, Steve tells the bank officials that Bill is a corrupt businessman who has no intention of repaying the loan. Steve is lying but the bank does not know this. As a result, the bank refuses to give Bill the loan. If Bill sues Steve for defamation, he will be able to establish a prima facie case:
Correct At common law, a prima facie case of defamation required defendant to publish, to a third person, a statement that harmed the reputation of plaintiff, thus causing damage to the plaintiff. Here, Steve made a statement to a third person about Bill that harmed Bill's reputation and caused him damage. Therefore, Bill has a prima facie case against Steve and the correct answer is TRUE.
Incorrect! At common law, a prima facie case of defamation required defendant to publish, to a third person, a statement that harmed the reputation of plaintiff, thus causing damage to the plaintiff. Here, Steve made a statement to a third person about Bill that harmed Bill's reputation and caused him damage. Therefore, Bill has a prima facie case against Steve and the correct answer is TRUE.
Correct
Incorrect!
Question 2
Bill is the owner of a small computer company. Steve is the owner of another small computer company that is in competition with Bill. Both Bill and Steve are applying to the same bank for a business loan that they will use to expand their businesses. The bank can only afford to give one of them the loan. The bank decides to meet with Bill and Steve together and then decide who to give the loan to. At the meeting, the bank decides to give Bill the loan and Bill excuses himself to go call his partner Paul and tell him the news. While Bill is out of the room, Steve points to the chair Bill was sitting in, rolls his eyes and shakes his head. As a result, the bank refuses to give Bill the loan. If Bill sues Steve for defamation, he will lose because Steve never actually says anything:
Correct
Incorrect!
Correct One of the key elements for establishing a prima facie case of defamation is the requirement that the statement be published or communicated to someone other than plaintiff. However, the definition of publication is not limited to printed or oral statements. Any action by the defendant that causes a defamatory idea to be communicated to a third person is considered publication. Therefore, although Steve never actually said anything, his actions communicated a defamatory statement. Therefore, Bill's suit will be successful and the correct answer is FALSE.
Incorrect! One of the key elements for establishing a prima facie case of defamation is the requirement that the statement be published or communicated to someone other than plaintiff. However, the definition of publication is not limited to printed or oral statements. Any action by the defendant that causes a defamatory idea to be communicated to a third person is considered publication. Therefore, although Steve never actually said anything, his actions communicated a defamatory statement. Therefore, Bill's suit will be successful and the correct answer is FALSE.
Question 3
Ed, an American, is married to Selma, who is from Spain. Ed does not speak Spanish. Norton, who is in love with Selma, writes a letter to Ed falsely accusing Ed of cheating on Selma and asking how Ed could do something like that to his wife. Norton writes the letter in Spanish, even though he knows that Ed doesn't speak Spanish. When Ed receives the letter, he gives it to Selma so that she can translate it for him. When Selma reads the letter, she is so enraged that she throws Ed out of the house and divorces him. If Ed sues Norton for defamation, he will probably:
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Incorrect!
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Correct In order to recover for defamation, the plaintiff must prove that the defendant either intentionally communicated the defamatory statement to a third person, or that defendant negligently failed to exercise due care in making sure the statement was not published. Negligence can be shown if the defendant makes a defamatory statement while having reason to foresee that a third person would overhear the communication. Also, the plaintiff has to show that there was a reasonable way to avoid the third person overhearing the communication which defendant did not utilize. Here, Norton had reason to foresee that Ed would show Selma the letter. Also, writing the letter in English would have been an easy way to prevent this from happening. Thus, Ed will be able to recover from Norton and the correct answer is D.
Incorrect! In order to recover for defamation, the plaintiff must prove that the defendant either intentionally communicated the defamatory statement to a third person, or that defendant negligently failed to exercise due care in making sure the statement was not published. Negligence can be shown if the defendant makes a defamatory statement while having reason to foresee that a third person would overhear the communication. Also, the plaintiff has to show that there was a reasonable way to avoid the third person overhearing the communication which defendant did not utilize. Here, Norton had reason to foresee that Ed would show Selma the letter. Also, writing the letter in English would have been an easy way to prevent this from happening. Thus, Ed will be able to recover from Norton and the correct answer is D.
Question 4
Ivan is a very successful stock broker who has made a lot of money for himself and his company. Michael, Ivan's boss, is jealous of Ivan's success and decides to get rid of Ivan. Michael makes up a story about Ivan taking advantage of inside information to make illegal stock trades and then fires Ivan, saying that he will not tolerate illegal activity at his firm. Ivan begins to look for a new job but each perspective employer asks why he was fired from his previous job and Ivan is forced to repeat Michael's accusations to them. No other firms are willing to hire Ivan when they hear the story. If Ivan sues Michael for defamation, he will win:
Correct
Incorrect!
Correct
Incorrect!
Correct If defendant makes a defamatory statement to plaintiff and publication to a third person comes about because plaintiff himself is forced to repeat the defamatory statement, there is a split of authority as to whether or not this satisfies the publication requirement. Some jurisdictions consider this as satisfying the publication requirement. However, certain jurisdictions do not, and, in those jurisdictions, the plaintiff would not have a cause of action for defamation. That being the case, Ivan's success would depend on the jurisdiction he was suing in and, thus, C is the correct answer.
Incorrect! If defendant makes a defamatory statement to plaintiff and publication to a third person comes about because plaintiff himself is forced to repeat the defamatory statement, there is a split of authority as to whether or not this satisfies the publication requirement. Some jurisdictions consider this as satisfying the publication requirement. However, certain jurisdictions do not, and, in those jurisdictions, the plaintiff would not have a cause of action for defamation. That being the case, Ivan's success would depend on the jurisdiction he was suing in and, thus, C is the correct answer.
Question 5
David has just published a book in which he details life as an employee of a popular New York company. In the book, David claims that some of his co-workers, Bernie and Roger in particular, are drug users who have come to work high on several occasions. Opie and Anthony, two New York radio personalities, read certain passages of the book on their popular morning radio talk show. The passages they read are particularly embarrassing to Roger and Bernie. If Roger and Bernie sue Opie and Anthony for defamation, they will probably:
Correct There are several people who can be held liable for defamatory statements, even if they did not make the statements themselves. A re-publisher is someone who repeats someone else's defamatory statement and they can be held liable for repeating defamatory statements that other people make. In this case Opie and Anthony repeated the defamatory statements that were in David's book. Therefore, Bernie and Roger can recover from them, even though they did not make the original defamatory statements and A is the correct answer.
Incorrect! There are several people who can be held liable for defamatory statements, even if they did not make the statements themselves. A re-publisher is someone who repeats someone else's defamatory statement and they can be held liable for repeating defamatory statements that other people make. In this case Opie and Anthony repeated the defamatory statements that were in David's book. Therefore, Bernie and Roger can recover from them, even though they did not make the original defamatory statements and A is the correct answer.
Correct
Incorrect!
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Correct
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Question 6
David is an employee of a popular New York company. One night, David is having dinner with Opie and Anthony, two close friends of his who have a popular morning radio talk show. Over drinks, David tells Opie and Anthony that some of his co-workers, Bernie and Roger in particular, are drug users who have come to work high on several occasions. David does not particularly like Bernie or Roger and he is pretty sure that Opie and Anthony will bring up this bit of gossip on their talk show. They do. One of Opie and Anthony's fans, George, also happens to be Roger and Bernie's boss and, when he hears the accusation, he fires Bernie and Roger immediately. If Roger and Bernie sue David for what Opie and Anthony said, they will probably:
Correct
Incorrect!
Correct Re-publishers, people who repeat the defamatory statements of others, can be held liable for re-publishing the statements. However, because republication will likely increase the damage the plaintiff suffers, the original publisher will also be liable for the damage done by the republication if the republication was either intended by the original defamer or if the republication was reasonably foreseeable. Here, it was reasonably foreseeable that Opie and Anthony would republish David's statements. In fact, David thought that this would probably happen. Therefore, David will be held liable for Opie and Anthony's republication and B is the correct answer.
Incorrect! Re-publishers, people who repeat the defamatory statements of others, can be held liable for re-publishing the statements. However, because republication will likely increase the damage the plaintiff suffers, the original publisher will also be liable for the damage done by the republication if the republication was either intended by the original defamer or if the republication was reasonably foreseeable. Here, it was reasonably foreseeable that Opie and Anthony would republish David's statements. In fact, David thought that this would probably happen. Therefore, David will be held liable for Opie and Anthony's republication and B is the correct answer.
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Question 7
David is an employee of a popular New York company. One night, David is having dinner with Opie and Anthony, two close friends of his. David tells them that some of his co-workers, Bernie and Roger in particular, are drug users who have come to work high on several occasions. Unfortunately for David, Bernie happens to be sitting at the next table and hears everything David says about him. Bernie gets up to argue with David and the two begin fighting. David ends up suing Bernie for assault. At the trial, which is televised, Opie is called as a witness and, when he is asked why Bernie was so angry with David, Opie repeats the accusation that David made about Bernie. George, Bernie's boss, is watching the trial on television and, when he hears Opie's testimony, he fires Bernie immediately. If Bernie sues Opie for repeating David's defamatory statements, he will probably recover:
Correct
Incorrect!
Correct Anybody with a legal duty to repeat information is absolutely privileged to do so and the plaintiff will not have an action against them if the information they repeat contains defamatory material. Here, Opie, as a witness in a trial, had a legal duty to repeat what David said about Bernie. Therefore, even though Opie was republishing a defamatory statement, he had an absolute privilege to do so and Bernie will not be able to recover from him. Therefore, the correct answer is FALSE.
Incorrect! Anybody with a legal duty to repeat information is absolutely privileged to do so and the plaintiff will not have an action against them if the information they repeat contains defamatory material. Here, Opie, as a witness in a trial, had a legal duty to repeat what David said about Bernie. Therefore, even though Opie was republishing a defamatory statement, he had an absolute privilege to do so and Bernie will not be able to recover from him. Therefore, the correct answer is FALSE.
Question 8
Michael Barnes and Chuck Noble open a bookstore in downtown Boston. One of the books that they place on their bestseller list is a book written by David, an employee of a popular New York company. Neither Barnes nor Noble know anything about the book, other than that it is selling very well. In the book, David claims that some of his co-workers, Bernie and Roger in particular, are drug users who have come to work high on several occasions. Neither Barnes nor Noble have read David's book and have no idea that it contains material that defames Bernie and Roger. If Bernie and Roger sue Barnes and Noble for disseminating defamatory material about them, they will probably:
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Correct Disseminators, who deals with defamatory material in its physical form (ex: bookstore owners, newspaper stands, libraries, etc.), are typically held to a more relaxed standard of liability than original publishers and other kinds of re-publishers. A disseminator will not be held liable for defamation if he does not know that the material he is dealing in contains defamation and has no reason to know of the presence of defamatory material. Also, disseminators are under no obligation to examine the material they deal in for defamatory material. Here, Barnes and Noble did not know that David's book was defamatory, they had no reason to know that the book was defamatory and they had no duty to inspect it for defamatory material. That being the case, Bernie and Roger will not be able to recover from Barnes and Noble and C is the correct answer.
Incorrect! Disseminators, who deals with defamatory material in its physical form (ex: bookstore owners, newspaper stands, libraries, etc.), are typically held to a more relaxed standard of liability than original publishers and other kinds of re-publishers. A disseminator will not be held liable for defamation if he does not know that the material he is dealing in contains defamation and has no reason to know of the presence of defamatory material. Also, disseminators are under no obligation to examine the material they deal in for defamatory material. Here, Barnes and Noble did not know that David's book was defamatory, they had no reason to know that the book was defamatory and they had no duty to inspect it for defamatory material. That being the case, Bernie and Roger will not be able to recover from Barnes and Noble and C is the correct answer.
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Incorrect!
Question 9
Tom and Penelope live in an exclusive gated community in Beverly Hills. The community has a population of one hundred families. Tom and Penelope are two of the more popular members of the community and, in fact, Tom has been elected president of the community's board of directors. Nicole is jealous of Tom's popularity and starts a rumor that Tom has been having secret affairs with several of the married women who live in the community. Although Tom is outraged by the rumors, the other people in the community, knowing Tom and thinking that he is a moral person, do not believe the rumors. If Tom sues Nicole for defamation, he will probably:
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Correct
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Correct In order to qualify as defamation, a statement must diminish plaintiff's reputation in the eyes of his community or discourage other people from associating with plaintiff. Here, although Nicole's accusations were outrageous, they did not diminish Tom's reputation in the community. Therefore, Tom will not be able to recover from Nicole and the correct answer is D.
Incorrect! In order to qualify as defamation, a statement must diminish plaintiff's reputation in the eyes of his community or discourage other people from associating with plaintiff. Here, although Nicole's accusations were outrageous, they did not diminish Tom's reputation in the community. Therefore, Tom will not be able to recover from Nicole and the correct answer is D.
Question 10
Tom and Penelope live in an exclusive gated community in Beverly Hills. The community has a population of one hundred families. Tom is the most hated person living in the community. Several people in the community have lost money doing business with Tom and Tom is also known around the community as a recreational drug user, binge drinker and philanderer. Nicole starts a rumor that Tom has been having secret affairs with several of the married women who live in the community. The other people in the community believe every word of Nicole's accusation but they are not at all surprised by the rumors. If Tom sues Nicole for defamation, he will probably:
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Correct A plaintiff whose reputation is ruined to begin with may have a difficult time bringing a defamation case no matter how outrageous the defamatory statements made against him were, because his reputation is such that the defamatory statements might make no difference to how the community views plaintiff. Here, although Nicole's statements were outrageous, it did not diminish Tom's reputation in the community, even though everybody in the community believes the rumors. Therefore, Tom will not be able to recover from Nicole and C is the correct answer.
Incorrect! A plaintiff whose reputation is ruined to begin with may have a difficult time bringing a defamation case no matter how outrageous the defamatory statements made against him were, because his reputation is such that the defamatory statements might make no difference to how the community views plaintiff. Here, although Nicole's statements were outrageous, it did not diminish Tom's reputation in the community, even though everybody in the community believes the rumors. Therefore, Tom will not be able to recover from Nicole and C is the correct answer.
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Question 11
The following statements appear in the sports page the Boston Globe: "Over the last five seasons, Nomar Garciapara has averaged .353 with 34 home runes and 118 RBIs. He is deadly with a bat in his hands." Garciapara reads the statement and is angered by the fact that the article called him deadly. Garciapara has a lot of endorsement deals that play on his reputation as a nice guy and he is afraid that the article, especially the term deadly, makes him sound too aggressive. If Garciapara sues the Boston Globe for defamation, he will probably recover:
Correct
Incorrect!
Correct In determining whether or not a statement is defamatory, the court needs to examine whether the statement diminished the plaintiff's reputation in the eyes of his community and whether or not the statement can be interpreted to carry a defamatory meaning. In this situation, the article is discussing Garciapara's skill as a baseball player. Thus, in the context within which the statement "he is deadly with a bat in his hands" was made, no ordinary person would take that statement as a literal accusation of criminal activity. Therefore, the statement is not actionable and the correct answer is FALSE.
Incorrect! In determining whether or not a statement is defamatory, the court needs to examine whether the statement diminished the plaintiff's reputation in the eyes of his community and whether or not the statement can be interpreted to carry a defamatory meaning. In this situation, the article is discussing Garciapara's skill as a baseball player. Thus, in the context within which the statement "he is deadly with a bat in his hands" was made, no ordinary person would take that statement as a literal accusation of criminal activity. Therefore, the statement is not actionable and the correct answer is FALSE.
Question 12
The following headline appears in the sports page of the Boston Globe: "Nomar proves deadly with a baseball bat." Garciapara reads the headline and is angered by the fact that the article called him deadly. Garciapara has a lot of endorsement deals that play on his reputation as a nice guy and he is afraid that the headline, especially the term deadly, makes him sound too aggressive. If Garciapara sues the Boston Globe for defamation, he will probably recover:
Correct A statement made within the context of a larger article will be examined in the context that it was written, the same rule does not necessarily apply to headlines. In other words, courts will not examine articles to provide context for potentially defamatory headlines. Therefore, it does not matter what the rest of the article said. If the headline is defamatory, Nomar will recover and the correct answer is TRUE.
Incorrect! A statement made within the context of a larger article will be examined in the context that it was written, the same rule does not necessarily apply to headlines. In other words, courts will not examine articles to provide context for potentially defamatory headlines. Therefore, it does not matter what the rest of the article said. If the headline is defamatory, Nomar will recover and the correct answer is TRUE.
Correct
Incorrect!
Question 13
The following appears in the entertainment section of People magazine: "Eddie Vedder, a popular rock and roll singer, is escorted on all tour trips by an entourage of roadies, including a group of several women who Mr. Vedder 'employs' at the beginning of each tour". Eddie, who is happily married and faithful to his wife sees the article and sues for defamation. Eddie will probably win:
Correct Certain more subtle methods of communication, like the use of punctuation marks, may be examined in determining a reasonable interpretation of a statement. Here, by virtue of the way that the article describes Eddie's entourage, and particularly by the use of quotes around the word "employs", a reasonable reader could interpret this statement to have defamatory meanings (i.e. Eddie commits adultery with these women). Therefore, Eddie can probably recover and the correct answer is TRUE.
Incorrect! Certain more subtle methods of communication, like the use of punctuation marks, may be examined in determining a reasonable interpretation of a statement. Here, by virtue of the way that the article describes Eddie's entourage, and particularly by the use of quotes around the word "employs", a reasonable reader could interpret this statement to have defamatory meanings (i.e. Eddie commits adultery with these women). Therefore, Eddie can probably recover and the correct answer is TRUE.
Correct
Incorrect!
Question 14
Fred, a popular children's television host, is being interviewed on the radio one morning. The interviewer asks Fred "when did you realize that smoking marijuana was not good for your career?" Outraged, Fred storms off of the set and files suit against the interviewer for defamation. Fred will most likely:
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Correct Defamatory statements can come in the form of questions, especially if the question implies certain facts about the person who is being questioned. Here, the question carried the implication that Fred had been a drug abuser. Thus, there is a defamatory implication to the question and Fred may have a viable cause of action against the interviewer. As such, C is the correct answer.
Incorrect! Defamatory statements can come in the form of questions, especially if the question implies certain facts about the person who is being questioned. Here, the question carried the implication that Fred had been a drug abuser. Thus, there is a defamatory implication to the question and Fred may have a viable cause of action against the interviewer. As such, C is the correct answer.
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Question 15
Kobe is a star player on the Los Angeles Lakers. During an interview, Kobe says "certain head coaches I've played for in my career in the NBA acted like they were all moral and good, but then they would stay out all night and do things they weren't supposed to be doing. One coach I played for even used to bet that our team would lose." It is common knowledge that Phil is the only head coach that Kobe has played for in his NBA career. Phil hears about Kobe's statements and immediately sues Kobe for defamation. Phil will most likely:
Correct For a statement to be actionable, a third person must reasonably be able to interpret that statement as referring to the plaintiff. Therefore, even when the plaintiff is unnamed, he will have a cause of action if a third person can make a reasonable assumption that the statement is referring to plaintiff. Here, because Phil is the only professional coach Kobe has ever had, anybody could make the reasonable assumption that Kobe was talking about Phil. Therefore, Phil will be able to recover and A is the correct answer.
Incorrect! For a statement to be actionable, a third person must reasonably be able to interpret that statement as referring to the plaintiff. Therefore, even when the plaintiff is unnamed, he will have a cause of action if a third person can make a reasonable assumption that the statement is referring to plaintiff. Here, because Phil is the only professional coach Kobe has ever had, anybody could make the reasonable assumption that Kobe was talking about Phil. Therefore, Phil will be able to recover and A is the correct answer.