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Common Law Defamation
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Common Law Defamation
Does the statement at issue involve a matter of public concern? (Assume that all statements about public figures involve matters of public concern
- Yes
- Go to Constitutional Defamation Chart
- No
- Is the Statement by Defendant: Defamatory (i.e., does it tend to adversely affect a person's reputation)? "of or concerning" the Plaintiff (in the view of a reasonable listener or reader)? and "published" (i.e. has it been intentionally or negligently communicated to a third person?
- No
- No Liability for Defamation
- Yes
- Is the Statement
- Libel or Slander Per Se
- Damages are presumed; defendant is liable for defamation
- Slander not within per se categories
- If plaintiff shows special (i.e. pecuniary) damages, defendant is liable for defamation
- Libel or Slander Per Se
- Is the Statement
- No
- Is the Statement by Defendant: Defamatory (i.e., does it tend to adversely affect a person's reputation)? "of or concerning" the Plaintiff (in the view of a reasonable listener or reader)? and "published" (i.e. has it been intentionally or negligently communicated to a third person?
- Yes
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- Doctorate Bar Exam Mind Map on Common Law Defamation, created by Omar J. on 15/09/2015.
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- Omar J.
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