LEB 323 Exam 2024-Questions with
100% Correct Answers| Verified
Defamation: interest protected -✔✔right to a good reputation
3 elements of defamation -✔✔1. D published a statement of fact
2. The statement referred to P
3. The statement was defamatory
2 components of "the statement was defamatory" -✔✔1. False statement
2. Tend to injure P's reputation (and thereby expose P to public hatred, contempt, ridicule, or
financial injury or to impeach P's honesty, integrity, virtue or reputation)
Business disparagement -✔✔company can sue for defamation if their reputations are injured
.....and for tort of business disparagement if their economic or commercial interests are injured
by false statements
Defense to defamation: Good faith mistake -✔✔the burden is on P to prove that D acted
with malice if D raises a good faith mistake defense
What if a defendant speaks or writes about public officials and public figures -✔✔first
amendment protects D, unless they speak with "malice"
they knew or should have known that what they said was false
Amendment that protects you from speaking or writing about public officials and figures
- ✔✔first
,Defense to defamation: Truth -✔✔-ultimate defense
-absolute defense
-private citizen: BOP on D, unless D is a media defendant
-public figure: BOP on P
Defense to defamation: Statute of limitations -✔✔frequently successful defense raises
the question of when the statute (usually 1-year) begins to run
Judicial immunity -✔✔is absolute
applies to administrative proceedings
False imprisonment -✔✔wrongful detaining of another
False imprisonment/arrest: freedom protected -✔✔freedom to come and go as we please
False imprisonment: 3 elements -✔✔1. P was willfully detained by D
2. Without P's consent and
3. Without authority of law
False imprisonment: 2 defenses -✔✔1. lawful arrest
2. anti-shoplifting elements?
"Anti-shoplifting" law elements (3) -✔✔1. reasonable grounds to believe P stole
2. detention in a reasonable manner
3. detention for a reasonable time
, Does a security alarm going off establish reasonable cause? -✔✔Yes, even if it turns out
that the clerk carelessly failed to remove a tag from a properly purchased item
Trespass to Real Property -✔✔any wrongful conduct that injures another's real property
interest
Trespass to Real Property: interest protected? -✔✔enjoyment of real property
4 elements of Trespass to Real Property -✔✔1. P owns or has a lawful right to possess real
property
2. D entered P's land and the entry was physical, intentional and voluntary
3. P did not consent or authorize the entry
4. D's trespass caused injury to P
Defense to Trespass to Real Property -✔✔Legal right
Ex: Lease ...Easement
Intentional infliction of emotional distress -✔✔acts intended to cause severe emotional
distress to another
Intentional infliction of emotional distress: interest protected -✔✔right to a peace of mind
4 elements: intentional infliction of emotional distress -✔✔1. D acted intentionally or
recklessly
2. D's conduct was extreme and outrageous
3. P suffered emotional distress and
4. The resulting emotional distress was severe
100% Correct Answers| Verified
Defamation: interest protected -✔✔right to a good reputation
3 elements of defamation -✔✔1. D published a statement of fact
2. The statement referred to P
3. The statement was defamatory
2 components of "the statement was defamatory" -✔✔1. False statement
2. Tend to injure P's reputation (and thereby expose P to public hatred, contempt, ridicule, or
financial injury or to impeach P's honesty, integrity, virtue or reputation)
Business disparagement -✔✔company can sue for defamation if their reputations are injured
.....and for tort of business disparagement if their economic or commercial interests are injured
by false statements
Defense to defamation: Good faith mistake -✔✔the burden is on P to prove that D acted
with malice if D raises a good faith mistake defense
What if a defendant speaks or writes about public officials and public figures -✔✔first
amendment protects D, unless they speak with "malice"
they knew or should have known that what they said was false
Amendment that protects you from speaking or writing about public officials and figures
- ✔✔first
,Defense to defamation: Truth -✔✔-ultimate defense
-absolute defense
-private citizen: BOP on D, unless D is a media defendant
-public figure: BOP on P
Defense to defamation: Statute of limitations -✔✔frequently successful defense raises
the question of when the statute (usually 1-year) begins to run
Judicial immunity -✔✔is absolute
applies to administrative proceedings
False imprisonment -✔✔wrongful detaining of another
False imprisonment/arrest: freedom protected -✔✔freedom to come and go as we please
False imprisonment: 3 elements -✔✔1. P was willfully detained by D
2. Without P's consent and
3. Without authority of law
False imprisonment: 2 defenses -✔✔1. lawful arrest
2. anti-shoplifting elements?
"Anti-shoplifting" law elements (3) -✔✔1. reasonable grounds to believe P stole
2. detention in a reasonable manner
3. detention for a reasonable time
, Does a security alarm going off establish reasonable cause? -✔✔Yes, even if it turns out
that the clerk carelessly failed to remove a tag from a properly purchased item
Trespass to Real Property -✔✔any wrongful conduct that injures another's real property
interest
Trespass to Real Property: interest protected? -✔✔enjoyment of real property
4 elements of Trespass to Real Property -✔✔1. P owns or has a lawful right to possess real
property
2. D entered P's land and the entry was physical, intentional and voluntary
3. P did not consent or authorize the entry
4. D's trespass caused injury to P
Defense to Trespass to Real Property -✔✔Legal right
Ex: Lease ...Easement
Intentional infliction of emotional distress -✔✔acts intended to cause severe emotional
distress to another
Intentional infliction of emotional distress: interest protected -✔✔right to a peace of mind
4 elements: intentional infliction of emotional distress -✔✔1. D acted intentionally or
recklessly
2. D's conduct was extreme and outrageous
3. P suffered emotional distress and
4. The resulting emotional distress was severe
