MASC 408 EXAM 2 (100% Verified)

Is most libel litigation civil or criminal? correct answers It is mostly civil, as most people are merely seeking money. Distinction between libel and slander. correct answers Libel is generally written, while slander is spoken. Libel is taken more seriously with larger damage awards, since it is believed that written defamation is more harmful to a person's reputation than spoken defamation. Can one sue for libel on behalf of another? correct answers No, since reputations are personal, no one can sue on the behalf of others, not even close relatives or business associates. What happens if a libel plaintiff dies before the suit is settled? correct answers A relative may continue a libel suit filed by an individual who dies before suit is concluded, as long as it is filed BEFORE the person dies. What is a "libel-proof" plaintiff? correct answers One with a reputation so bad that nobody can damage it further, or no words can hurt it. Libel per se vs. libel per quod correct answers Libel per se is defamatory at face value. Libel per quod means the matter at face value may not be defamatory, but further or additional information would damage the plaintiff's repulation. (Saying someone is "walking the block" could mean under certain circumstances that someone is engaging in prostitution - which would be libel per qoud). Understand product disparagement (trade libel). correct answers It is when a product doesn't do what it's supposed to. It defames the quality or usefulness of a product rather than the company that produced it. Must show a sales chart decline, since the compensation here is for a lack of sales (Oprah vs. Texas Beef). Innocent construction rule correct answers Language should be considered nondefamatory if it could be read that way. Assume the best, not the worst. Is using a person's name required to libel him or her? correct answers No, names are not required in order to libel someone. When is group libel allowed? correct answers Group libel not allowed when plaintiff is group of more than 100 members. The smaller the group, the more likely it is that every individual in the group can sue. Who is liable for damages as a libelous statement is repeated? correct answers Everyone who repeats the libel is potentially liable, except for common carriers (such as telephone companies) which exercise no control over information they transmit.