Deck 4: Libel: Establishing a Case

Question 1

Republishing a widespread rumor is protected from a libel suit by the First Amendment.

Answer 1

False

Question 2

In an effort to stop so-called libel tourism cases

A)Great Britain is considering making it more difficult for plaintiffs to win such cases.
B)Congress passed legislation that protects American defendants.
C)Some states prohibit their courts from enforcing foreign libel judgments.
D)All of the above are true.

Answer 2

D

Question 3

Section 230 of the Communications Decency Act will not protect an online service provider from liability for transmitting unlawful content provided by a third party if

A)The content is libelous.
B)The content can result in causing unlawful consequences.
C)The online service provider has in some way encouraged the creation of the illegal content.
D)None of the above would cause liability for the OSP.

Answer 3

C

Question 4

A person who is libel proof will have difficulty winning a libel suit because

A)of the fault rule.
B)there is insufficient identification.
C)he or she resides outside the court's jurisdiction.
D)his or her reputation was seriously damaged even before the publication of the libel.

Question 5

The single mistake rule states that

A)a publication or broadcasting station is immune from paying damages unless it loses more than a single libel action.
B)a newspaper cannot fire a reporter for making a single mistake in a story that results in a libel suit.
C)it is not always defamatory to report that a professional or business person has made a single error.
D)an appellate court cannot overturn a jury verdict in a libel case if the jurors have made only a single mistake in applying the law.

Question 6

A newspaper reports that an individual is a sex offender who has not registered with the state.Which of the following descriptions of this individual would not sufficiently identify this person for purposes of a libel suit?

A)The man who lives at 4276 Oak Street in Middleton,Wisconsin.
B)A Middleton,Wisconsin,resident who is one of three male faculty members in the Department of Nutritional Sciences at the University of Wisconsin.
C)A 45-year-old Middleton,Wisconsin,resident.
D)All of these would be sufficient identification.

Question 7

Which of the following cannot sue for civil libel?

A)Any living person who has been libeled.
B)Any corporation that has been libeled.
C)The estate of any dead person who has been libeled.
D)Any corporate officer who has been libeled.

Question 8

It is impossible for an individual to sue for libel based on material contained in a TV drama or a novel because these are obviously fiction.

Question 9

Most former libel plaintiffs interviewed in a major study said they favored going to court to protect their reputation as opposed to using some other means to resolve the problem.

Question 10

In most states,the law treats libel and slander as

A)criminal actions.
B)civil actions.
C)matters to be heard in equity court.
D)none of the above.

Question 11

A news vendor who sells a newspaper or magazine is just as responsible for a libelous charge as the publisher who originally made the charge,but is much harder to sue because of the scienter requirement.

Question 12

The burden of proving truth or falsity of the material generally falls on the plaintiff.

Question 13

The cost of defending against a libel suit is as much of a problem for the press as multi-million dollar judgments.

Question 14

Anti-SLAPP laws

A)Exist only in California and Florida.
B)Have been ruled to be unconstitutional.
C)Have been adopted in about half the states.
D)Are largely ineffective.

Question 15

In evaluating the truth or falsity of an article,a court will consider

A)the motives of the defendant.
B)material errors of fact.
C)whether there was time to check the story.
D)all of the items listed above.

Question 16

Libel law is generally less protective of men than it is of women when allegations of sexual misconduct are published.

Question 17

A libelous statement is something that injures an individual's character but not his or her reputation.

Question 18

It is always the judge's responsibility in a libel suit to decide whether the words are defamatory.

Question 19

With the growth of the Internet,libel lawsuits involving online material

A)Have clogged the courts.
B)Are infrequent since most disputes are settled rather than taken to court.
C)Are handled in a separate Electronic Media Court.
D)None of the above is correct.

Question 20

While winning a personal libel suit is hard,it is quite easy for a plaintiff to win a trade libel (product disparagement)suit.

Question 21

Libel law has existed for several centuries.Why is it a more serious problem for the mass media in the 21^st century?

Question 22

The plaintiff carries the initial burden of proof in a libel action.What five elements must the plaintiff prove to meet this burden?