Purchase a course multi-pack for yourself or a friend and save up to 50%!
5-COURSE MULTI-PACK $180
10-COURSE MULTI-PACK $300
Accelerated 1-year bachelor's program
Question 1
Diana, a world renowned philanthropist, dies in a tragic car accident. A few weeks after her death, an internet news site publishes a report that Diana had all of her children out of wedlock. If Diana's estate sues the internet site for defaming Diana, they will win:
Correct
Incorrect!
Correct No action for defamation can be brought on behalf of people who are deceased. Therefore, the suit on Diana's behalf will fail and the correct answer is FALSE.
Incorrect! No action for defamation can be brought on behalf of people who are deceased. Therefore, the suit on Diana's behalf will fail and the correct answer is FALSE.
Question 2
Diana, a world renowned philanthropist, dies in a tragic car accident. A few weeks after her death, an internet news site publishes a report that Diana had all of her children out of wedlock. If Diana's children sue the internet site for defaming them, they will win:
Correct No action for defamation can be brought on behalf of people who are deceased. However if a defamatory statement against a deceased person also defames a living person, the living person can bring a cause of action. Here, the defamatory statement against Diana has also defamed her children (the statement strongly implies that they are illegitimate). That being the case, Diana's children can sue for defamation and the answer is TRUE.
Incorrect! No action for defamation can be brought on behalf of people who are deceased. However if a defamatory statement against a deceased person also defames a living person, the living person can bring a cause of action. Here, the defamatory statement against Diana has also defamed her children (the statement strongly implies that they are illegitimate). That being the case, Diana's children can sue for defamation and the answer is TRUE.
Correct
Incorrect!
Question 3
A reporter for Entertainment Magazine writes an editorial saying that movie actors traditionally have wild parties after each day's shoot where drugs and alcohol are abundant and where several female groupies have allegedly been attacked. Tom is a famous actor who is enraged by the accusations in the article. If Tom sues the magazine for defamation, he will most likely succeed:
Correct
Incorrect!
Correct Where a defamatory statement is made about a group of people, the individual members of that group will not be able to recover unless the group is so small that the defamation can be ascribed to each member of the group. Here, the statement was made about actors in general and, although Tom is justifiably angry about the article, the defamatory statement was made about a group that is large enough that the statement cannot be ascribed to any particular person. Therefore, Tom will not be able to recover and the correct answer is FALSE.
Incorrect! Where a defamatory statement is made about a group of people, the individual members of that group will not be able to recover unless the group is so small that the defamation can be ascribed to each member of the group. Here, the statement was made about actors in general and, although Tom is justifiably angry about the article, the defamatory statement was made about a group that is large enough that the statement cannot be ascribed to any particular person. Therefore, Tom will not be able to recover and the correct answer is FALSE.
Question 4
A reporter for Entertainment Magazine writes an editorial saying that the cast of "Vanilla Sky", a popular 2002 movie, used to have wild parties after each day's shoot where drugs and alcohol are abundant and where several female groupies have allegedly been attacked. Tom is a famous actor who played the lead role in the movie. Tom is enraged by the accusations in the article. If Tom sues the magazine for defamation, he will most likely succeed:
Correct Where a defamatory statement is made about a group of people, the individual members of that group will not be able to recover unless the group is so small that the defamation can be ascribed to each member of the group. Here, the statement was made about a group small enough that the statement could be ascribed to individual members of the group. Therefore, Tom will be able to recover and the correct answer is TRUE.
Incorrect! Where a defamatory statement is made about a group of people, the individual members of that group will not be able to recover unless the group is so small that the defamation can be ascribed to each member of the group. Here, the statement was made about a group small enough that the statement could be ascribed to individual members of the group. Therefore, Tom will be able to recover and the correct answer is TRUE.
Correct
Incorrect!
Question 5
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. If Tom sues Nicole for defamation, he will:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Truth is a complete defense to a charge of defamation. Thus, if the defamatory statement is true, the plaintiff would not have a viable cause of action, even if the defendant's motives for making the statements were nothing more than a desire to hurt the plaintiff. However, the burden of proving that the statement is true is on the plaintiff. That being the case, if Nicole can prove that the accusation is true, Tom will have no cause of action against her. Therefore, D is the correct answer.
Incorrect! Truth is a complete defense to a charge of defamation. Thus, if the defamatory statement is true, the plaintiff would not have a viable cause of action, even if the defendant's motives for making the statements were nothing more than a desire to hurt the plaintiff. However, the burden of proving that the statement is true is on the plaintiff. That being the case, if Nicole can prove that the accusation is true, Tom will have no cause of action against her. Therefore, D is the correct answer.
Question 6
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 embezzled $250,000 from the community's maintenance fund. It turns out that Tom has embezzled money from the community's maintenance fund but he has only stolen $150,000. If Tom sues Nicole for defamation, he will:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Truth is a complete defense to a charge of defamation, although the burden of proving the truth of the statement is on the defendant. However, while the defendant must prove the truth of his statement, he does not have to prove the absolute truth of his statement. As long as defendant can prove the general truth of his statement, that will suffice. Here, Nicole's statement is not absolutely true but it is generally true and that is enough to prevent Tom from recovering. Therefore, D is the correct answer.
Incorrect! Truth is a complete defense to a charge of defamation, although the burden of proving the truth of the statement is on the defendant. However, while the defendant must prove the truth of his statement, he does not have to prove the absolute truth of his statement. As long as defendant can prove the general truth of his statement, that will suffice. Here, Nicole's statement is not absolutely true but it is generally true and that is enough to prevent Tom from recovering. Therefore, D is the correct answer.
Question 7
Rudy is the popular Mayor of New York City. Donna, a freelance author, writes an unauthorized book about Rudy. In the book, Donna claims Rudy has embezzled hundreds of thousands of Dollars of public funds and placed the money in private overseas accounts. If Rudy sues Donna for defamation, he will probably:
Correct The fact that truth represents a complete defense to any charge of defamation arises from the constitutional right of freedom of speech. Because freedom of speech plays such an important role vis-section -vis our ability to criticize public officials, where a defamation case involves a public official as the plaintiff, the constitution requires that public official, not the defendant, bear the burden of proving that the defamatory statement is false. That being the case, Rudy will be able to win the case but he will have to prove that Donna's accusations are false. Therefore, A is the correct answer.
Incorrect! The fact that truth represents a complete defense to any charge of defamation arises from the constitutional right of freedom of speech. Because freedom of speech plays such an important role vis-section -vis our ability to criticize public officials, where a defamation case involves a public official as the plaintiff, the constitution requires that public official, not the defendant, bear the burden of proving that the defamatory statement is false. That being the case, Rudy will be able to win the case but he will have to prove that Donna's accusations are false. Therefore, A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 8
Al and George are running for president. In their third debate, they are arguing about their different ideas on education when George says to Al "Don't stand there and tell me about your ideas. You haven't had a good idea in years and your last brainstorm almost bankrupted this country." Al is infuriated by George's comments, especially because they were made on national television. If Al sues George for defamation, he will probably:
Correct Statements that are made in the course of public debate that are either exaggerations or gross exaggerations will not give rise to liability because the audience generally expects to hear a certain measure of exaggeration in public debate and will not take these statements as assertions of fact. That being the case, Al will not be able to recover against George and A is the correct answer.
Incorrect! Statements that are made in the course of public debate that are either exaggerations or gross exaggerations will not give rise to liability because the audience generally expects to hear a certain measure of exaggeration in public debate and will not take these statements as assertions of fact. That being the case, Al will not be able to recover against George and A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 9
Tom and Nicole want to go out one night and they hire Penelope to baby-sit for the evening. When they return from their evening out, Tom hands Penelope a $50 bill and offers to drive her home. Penelope had expected to get paid more money for her services and is so angry that she runs out of the house crying. The next day, Penelope, still angry, spreads a rumor that Tom had raped her while Nicole was not home. Furious, Tom sues Penelope for defamation. If Penelope's statement does not result in Tom suffering any special damages, he will not be able to recover from Penelope:
Correct
Incorrect!
Correct There are four categories of Slander Per Se, one of which is accusing someone of committing a morally reprehensible crime. Slander per se is actionable even without a showing of special damages. That being the case, Tom will be able to recover, even if he did not suffer special damages. Therefore, the correct answer is FALSE.
Incorrect! There are four categories of Slander Per Se, one of which is accusing someone of committing a morally reprehensible crime. Slander per se is actionable even without a showing of special damages. That being the case, Tom will be able to recover, even if he did not suffer special damages. Therefore, the correct answer is FALSE.
Question 10
Tom, an actor, and Nicole live in an exclusive gated community in Beverly Hills. The community has a population of one hundred families. Tom and Nicole 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. Penelope is jealous of Tom's popularity and starts a rumor that Tom has embezzled thousands of dollars from the community's maintenance fund. If Tom sues Penelope for defamation, he will:
Correct There are four categories of Slander Per Se, one of which is implying that plaintiff is inept or corrupt in his business dealings. However, in order to be actionable these statements must be incompatible with plaintiff's profession. Here, Penelope's accusation that Tom has embezzled money from the community's maintenance fund is not incompatible with his job as an actor (in fact, it has nothing to do with him being an actor). That being the case, there is no Slander Per Se here. Therefore, Tom will win his case but he will have to prove special damages and A is the correct answer.
Incorrect! There are four categories of Slander Per Se, one of which is implying that plaintiff is inept or corrupt in his business dealings. However, in order to be actionable these statements must be incompatible with plaintiff's profession. Here, Penelope's accusation that Tom has embezzled money from the community's maintenance fund is not incompatible with his job as an actor (in fact, it has nothing to do with him being an actor). That being the case, there is no Slander Per Se here. Therefore, Tom will win his case but he will have to prove special damages and A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 11
Tom, an actor, and Nicole live in an exclusive gated community in Beverly Hills. The community has a population of one hundred families. Tom and Nicole 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. Penelope is jealous of Tom's popularity and submits an article in the community newsletter claiming that Tom has embezzled thousands of dollars from the community's maintenance fund. If Tom sues Penelope for defamation, he will:
Correct
Incorrect!
Correct Where the defamation is libel and the libel is clear on its face, courts will award general damages without requiring plaintiff to show special damages. Here, Penelope's defamatory statements were libel and so Tom will be able to recover without having to show special damages. Therefore, B is the correct answer.
Incorrect! Where the defamation is libel and the libel is clear on its face, courts will award general damages without requiring plaintiff to show special damages. Here, Penelope's defamatory statements were libel and so Tom will be able to recover without having to show special damages. Therefore, B is the correct answer.