Which one of the following is not a required element of a common law defamation claim?

A A defamatory statement. B Publication of the statement. C Showing the statement was about the plaintiff. D Showing the statement caused the plaintiff to suffer emotional distress.

 

When considering the element of “publication” in an action for defamation, which of the following is not true?
A The defamatory statement must be communicated to a third person. B Repeaters of a defamatory statement published in the newspaper are subject to liability. C The publication must be made intentionally or negligently. D There is no defamation liability if Defendant did not intend for anyone other than the plaintiff to receive the communication.

 

Which of the following is not true with regard to a common law privileges in a defamation case?

A Judges, lawyers, and witnesses enjoy an absolute privilege to defame when they communicate in the course of and in relation to the subject matter of litigation. B Federal Legislatures are given an absolute privilege to defame in the course of their official duties C Executive officers have an absolute privilege to defame in the course of their duties. D Witnesses have a qualified privilege to defame when reporting information pertaining to crime to appropriate officers.

 

Which of the following best describes the Communications Decency Act?

A Gives internet providers or message board operators immunity from liability for allegedly defamatory postings made by third party subscribers. B Provides that internet providers or message board operators are liable as disseminators of allegedly defamatory postings made by third party subscribers. C Is not applicable to material posted in chat rooms. D Is an unconstitutional restriction on free speech.

 

Which one of the following statements best describes the holding in New York Times v. Sullivan?

A No proof of fault is required in an action for defamation. B The falsity of statements can be presumed. C A public official plaintiff must show that the defendant either knew the statement was false or recklessly disregarded whether the communication was false to recover in an action for defamation. D A public official plaintiff does not need to prove malice in order to recover in an action for defamation.

 

Proof of actual malice is required in which of the following types of cases?
A In cases where the there is a media defendant. B In cases where the defamatory matter is one of public concern and a private plaintiff seeks presumed or punitive damages. C In cases where the Defendant is a public figure or public official. D In cases involving private plaintiffs in matters of private concern.

 

In an action for malicious prosecution,
A damages include any damages from the time of detention until the prosecution is completed. B plaintiff must prove that defendant acted maliciously. C the defendant must prove the existence of a warrant or probable cause as an affirmative defense. D all of the above statements are true.

 

case for abuse of process,
A proof of a special injury is required. B the defendant may be held liable even if he rightly invoked the legal process. C an attorney who brings a claim to aid his client with the knowledge that a claim is untenable will be held liable for abuse of process for asserting the claim. D the plaintiff must show that there was repeated litigation of the same claim.

 

Which of the following is not an invasion of privacy tort recognized by the Restatement of Torts?
A Interference with family relationships B False light C Public disclosure of private facts D Appropriation of name or picture

 

Intrusion upon seclusion
A requires proof of special damages. B requires proof that the act would be highly offensive to a reasonable person C requires proof that the information obtained does not serve a public interest. D Requires the victim to be aware of the intrusion.

 

Placing a person’s picture on the cover of a magazine without their consent for the benefit of the magazine publisher is
A an example of the appropriation of an individual’s name or picture. B an example of intrusion upon seclusion C an example of false light D an act protected by the First Amendment.

 

The tort of false light
A requires proof of New York Times malice in a case where the false light relates to a matter of public interest. B is not at all similar to an action for defamation C requires the plaintiff to prove special damages. D all of the above are required for false light.

 

Which one of the following statements is the best definition of the tort of public disclosure of private facts?

A The publicity of private facts highly offensive to a reasonable person which are not of a legitimate public interest. B The publicity of private facts highly offensive to the plaintiff which are not of a legitimate public interest. C Publicity of private facts highly offensive to a reasonable person which are communicated to a significant group of people. D Publicity of private facts highly offensive to a reasonable person which are published to a third person.

 

The tort of alienation of affection
A has been abolished or severely limited in many states. B may serve the goal of preventing adultery and saving families. C implies that one spouse has ownership rights in another. D all of the above statements are true.