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BLAW 341 - EXAM 1 – GREAVES
BRAND NEW OFFICIAL QUESTIONS
WITH ANSWERS.
Damages Available for Defamation: Slander
1. Definition
2. What kind of damages? - correct answer -1. Defamation in oral
form (less broad of a reach because it's more temporary than
libel)
2. Special Damages - plaintiff must PROVE defamatory statement
caused her or her to suffer actual economic or monetary losses
-not required for slander per se categories
-slander in areas that are so horrific that everyone wants to
share/spread it (ex: any business wrongdoing because people
want to know about that)
Defenses to Defamation
1. Truth - def
2. Privileged (or immune) Speech - def
3. Absolute Privilege
4. Qualified Privilege
5. Public Figure - who?
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6. Which statements are privileged?
7. 2 components to "actual malice" - correct answer -1. Truth is
generally an absolute defense (best one)
2. Protects you if you make false statements or facts
3. Statements made during judicial and legislative proceedings
ex: testimonials
4. Statements made in good faith and publication limited to those
who have a legitimate interest in the communication (ex:
employee evaluations)
5. A person who exercise substantial governmental power or is
otherwise in the public spotlight
6. Statements about public figures are PRIVILEGED if made
without "actual malice"
7. A statement made with either
(1) Knowledge of falsity OR
(2) Reckless disregard for the truth
Invasion of Privacy
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1. Appropriation of Identity - def/ex
2. Intrusion on Individual's Affairs or Seclusion - 2 exs
3. Publication of Information that Places a Person in False Light -
def/ex
4. Public Disclosure of Private Facts - ex - correct answer -1. Use
a person's name or likeness for commercial purposes without
permissions (ex: car dealership using snoop dog slang)
2.(1) Jennifer Aniston filed lawsuit against Peter Brandt over nude
photos of her because she had an expectation of privacy (she
won)
(2) Engineering student at UPenn took photo of students in dorm
window and published on personal website - not classified as
intrusion bc the students never closed their blinds
3. Words that lead you to believe that it is happening (ex: Katie
Holmes on a cover of a magazine that had words on the cover
that made it seem like she does drugs but inside the magazine
there was nothing about Katie doing any drugs)
4. Paris Hilton didn't pay for her rental storage so the owner of the
storage unit took her stuff and sold it to an entrepreneur. This guy
launched a website selling Paris Hilton's diaries, photos, ect.
Injunction issued by judge bc the owner of the storage unit did not
follow proper procedure in notifying her that she never paid for her
rental storage.
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Appropriation (Right of Publicity)
1. Occurs when another person (3)
2. ______ is usually protected
3. example?
4. May celebrity look-a-likes be used to advertise a product
without a celebrity's consent? - correct answer -1.(1) Uses a living
person's name, likeness, or other identifying characteristic
(2) For commercial purposes
(3) Without the owners consent
2. Parody
3. ex: Paris Hilton's exact picture on a hallmark card but body and
scene is drawn (NOT allowed bc it is not transformative enough)
4. If there is a clear distinction that it is fake then it's okay
Fraudulent Misrepresentation
1. Definition
2. Rules (5)
3. example
BLAW 341 - EXAM 1 – GREAVES
BRAND NEW OFFICIAL QUESTIONS
WITH ANSWERS.
Damages Available for Defamation: Slander
1. Definition
2. What kind of damages? - correct answer -1. Defamation in oral
form (less broad of a reach because it's more temporary than
libel)
2. Special Damages - plaintiff must PROVE defamatory statement
caused her or her to suffer actual economic or monetary losses
-not required for slander per se categories
-slander in areas that are so horrific that everyone wants to
share/spread it (ex: any business wrongdoing because people
want to know about that)
Defenses to Defamation
1. Truth - def
2. Privileged (or immune) Speech - def
3. Absolute Privilege
4. Qualified Privilege
5. Public Figure - who?
, Page | 2
6. Which statements are privileged?
7. 2 components to "actual malice" - correct answer -1. Truth is
generally an absolute defense (best one)
2. Protects you if you make false statements or facts
3. Statements made during judicial and legislative proceedings
ex: testimonials
4. Statements made in good faith and publication limited to those
who have a legitimate interest in the communication (ex:
employee evaluations)
5. A person who exercise substantial governmental power or is
otherwise in the public spotlight
6. Statements about public figures are PRIVILEGED if made
without "actual malice"
7. A statement made with either
(1) Knowledge of falsity OR
(2) Reckless disregard for the truth
Invasion of Privacy
, Page | 3
1. Appropriation of Identity - def/ex
2. Intrusion on Individual's Affairs or Seclusion - 2 exs
3. Publication of Information that Places a Person in False Light -
def/ex
4. Public Disclosure of Private Facts - ex - correct answer -1. Use
a person's name or likeness for commercial purposes without
permissions (ex: car dealership using snoop dog slang)
2.(1) Jennifer Aniston filed lawsuit against Peter Brandt over nude
photos of her because she had an expectation of privacy (she
won)
(2) Engineering student at UPenn took photo of students in dorm
window and published on personal website - not classified as
intrusion bc the students never closed their blinds
3. Words that lead you to believe that it is happening (ex: Katie
Holmes on a cover of a magazine that had words on the cover
that made it seem like she does drugs but inside the magazine
there was nothing about Katie doing any drugs)
4. Paris Hilton didn't pay for her rental storage so the owner of the
storage unit took her stuff and sold it to an entrepreneur. This guy
launched a website selling Paris Hilton's diaries, photos, ect.
Injunction issued by judge bc the owner of the storage unit did not
follow proper procedure in notifying her that she never paid for her
rental storage.
, Page | 4
Appropriation (Right of Publicity)
1. Occurs when another person (3)
2. ______ is usually protected
3. example?
4. May celebrity look-a-likes be used to advertise a product
without a celebrity's consent? - correct answer -1.(1) Uses a living
person's name, likeness, or other identifying characteristic
(2) For commercial purposes
(3) Without the owners consent
2. Parody
3. ex: Paris Hilton's exact picture on a hallmark card but body and
scene is drawn (NOT allowed bc it is not transformative enough)
4. If there is a clear distinction that it is fake then it's okay
Fraudulent Misrepresentation
1. Definition
2. Rules (5)
3. example
