General Principles of Defamation 1 Self-Quiz 2

 

 

 

 

 

 

 

 

 

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. Although Tom is outraged by the rumors, the other people in the community, knowing Tom and thinking that he is a moral person, do not believe the rumors. If Tom sues Nicole for defamation, he will probably:
Choice 1 Win, because Tom was embarrassed by the accusations
Choice 2 Win, because Nicole is jealous of Tom
Choice 3 Lose, because Tom should not care what Nicole says about him
Choice 4 Lose, because nobody believes Nicole’s accusations

Tom and Penelope live in an exclusive gated community in Beverly Hills. The community has a population of one hundred families. Tom is the most hated person living in the community. Several people in the community have lost money doing business with Tom and Tom is also known around the community as a recreational drug user, binge drinker and philanderer. Nicole starts a rumor that Tom has been having secret affairs with several of the married women who live in the community. The other people in the community believe every word of Nicole’s accusation but they are not at all surprised by the rumors. If Tom sues Nicole for defamation, he will probably:
Choice 1 Win, because Tom was embarrassed by the accusations
Choice 2 Win, because Nicole is jealous of Tom
Choice 3 Lose, because nobody is surprised by Nicole’s accusations
Choice 4 Lose, because Tom should not care what Nicole says about him
The following statements appear in the sports page the Boston Globe: “Over the last five seasons, Nomar Garciapara has averaged .353 with 34 home runes and 118 RBIs. He is deadly with a bat in his hands.” Garciapara reads the statement and is angered by the fact that the article called him deadly. Garciapara has a lot of endorsement deals that play on his reputation as a nice guy and he is afraid that the article, especially the term deadly, makes him sound too aggressive. If Garciapara sues the Boston Globe for defamation, he will probably recover:
True
False
The following headline appears in the sports page of the Boston Globe: “Nomar proves deadly with a baseball bat.” Garciapara reads the headline and is angered by the fact that the article called him deadly. Garciapara has a lot of endorsement deals that play on his reputation as a nice guy and he is afraid that the headline, especially the term deadly, makes him sound too aggressive. If Garciapara sues the Boston Globe for defamation, he will probably recover:
True
False
The following appears in the entertainment section of People magazine: “Eddie Vedder, a popular rock and roll singer, is escorted on all tour trips by an entourage of roadies, including a group of several women who Mr. Vedder ‘employs’ at the beginning of each tour”. Eddie, who is happily married and faithful to his wife sees the article and sues for defamation. Eddie will probably win:
True
False
Fred, a popular children’s television host, is being interviewed on the radio one morning. The interviewer asks Fred “when did you realize that smoking marijuana was not good for your career?” Outraged, Fred storms off of the set and files suit against the interviewer for defamation. Fred will most likely:
Choice 1 Lose, because the interviewer did not make any statements of fact
Choice 2 Lose, because Fred had an opportunity to deny that he was a drug user
Choice 3 Win, because the question implied that Fred had abused drugs
Choice 4 Win, because Fred was embarrassed
Kobe is a star player on the Los Angeles Lakers. During an interview, Kobe says “certain head coaches I’ve played for in my career in the NBA acted like they were all moral and good, but then they would stay out all night and do things they weren’t supposed to be doing. One coach I played for even used to bet that our team would lose.” It is common knowledge that Phil is the only head coach that Kobe has played for in his NBA career. Phil hears about Kobe’s statements and immediately sues Kobe for defamation. Phil will most likely:
Choice 1 Win, because a reasonable person could understand Kobe’s statements as being directed toward him
Choice 2 Win, because he was embarrassed
Choice 3 Lose, because Kobe did not name Phil explicitly
Choice 4 Lose, because Kobe was simply responding to a question he was asked

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