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:

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:

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:

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:

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:

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:

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:

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:

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:

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:

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:

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:

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:

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:

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: