Defamation Defenses: Master the Art of Defending Against Libel and Slander

Question 1

The burden of proof in a defamation action typically lies with the:

Accepted Answer

Plaintiff

Answer

Defendant

Answer

Judge

Answer

Jury

Question 2

In cases involving defamation against public figures, the plaintiff must prove:

Accepted Answer

Actual malice

Answer

Negligence

Answer

Strict liability

Answer

Recklessness

Question 3

When relying on the truth defense in a defamation case, which of the following is NOT a reasonable step for the defendant to take?

Accepted Answer

Failing to conduct any independent investigation into the accuracy of the statement

Answer

Seeking advice from a qualified expert in the relevant field

Answer

Consulting credible sources of information such as reputable news organizations

Question 4

Which of the following statements accurately defines the legal standard for truth as a defense to defamation?

Accepted Answer

The statement must be substantially true, capturing the essence of the matter.

Answer

The statement must be absolutely true in every detail.

Answer

The statement must be true as the defendant personally believes it to be.

Answer

The statement must be true only in the specific context in which it was made.

Question 5

Which type of privilege in defamation law provides the strongest protection against liability?

Accepted Answer

Absolute privilege

Answer

Qualified privilege

Answer

Conditional privilege

Answer

No privilege provides complete protection.

Question 6

What is the fundamental difference between absolute privilege and qualified privilege in the context of defamation?

Accepted Answer

Absolute privilege offers complete immunity from liability, while qualified privilege provides only limited protection.

Answer

Absolute privilege applies to communications made in court, while qualified privilege applies more broadly.

Answer

Qualified privilege requires the defendant to prove the truth of the statement, while absolute privilege does not.

Answer

Absolute privilege protects only public figures, while qualified privilege protects both public figures and private individuals.

Question 7

Which factor is NOT considered when evaluating whether a communication qualifies for fair comment protection?

Accepted Answer

The defendant's personal opinion on the matter

Answer

The significance and newsworthiness of the subject matter

Answer

The tone, language, and style used in the statement

Answer

The purpose and intent of the communication

Question 8

For the fair comment defense to succeed, what role does malice play?

Accepted Answer

The absence of malice strengthens the defense.

Answer

Malice is irrelevant.

Answer

Malice always defeats the defense.

Question 9

Which of the following is NOT a valid defense to a defamation claim in English common law?

Accepted Answer

Statute of limitations

Answer

Truth

Answer

Fair comment

Answer

Privilege

Question 10

Which type of privilege in English common law protects statements made in the course of legal proceedings?

Accepted Answer

Absolute privilege

Answer

Qualified privilege

Answer

Malice privilege

Answer

Fair privilege

Question 11

In order to establish the defense of truth in English common law, the defendant must prove:

Accepted Answer

The statement is substantially true.

Answer

The statement is literally true.

Answer

The statement is believed to be true.

Answer

The statement is relevant to the public interest.

Question 12

What is the difference between a complete defense and a partial defense in English defamation law?

Accepted Answer

A complete defense bars the plaintiff's claim entirely, while a partial defense reduces the damages awarded.

Answer

A partial defense bars the plaintiff's claim entirely, while a complete defense reduces the damages awarded.

Answer

There is no difference between a complete defense and a partial defense.

Answer

Complete defenses apply to statements made by public figures, while partial defenses apply to statements made by private individuals.

Question 13

Which of the following is NOT a factor considered in determining whether a statement is fair comment in English law?

Accepted Answer

The reputation of the person making the statement.

Answer

The extent to which the statement is based on facts.

Answer

The importance of the subject matter.

Answer

The tone and language used in the statement.

Question 14

True or False: A statement made in the heat of the moment can never be considered fair comment in English law.

Accepted Answer

False

Answer

True

Question 15

Which of the following is NOT a substantive defence to defamation?

Accepted Answer

Statute of limitations

Answer

Truth

Answer

Fair comment

Question 16

Which of the following is NOT considered a defense to a defamation claim?

Accepted Answer

Provocation

Answer

Truth

Answer

Absolute privilege

Answer

Fair comment

Question 17

The defense of truth in a defamation action requires proof that:

Accepted Answer

The statement published is substantially true in both its literal meaning and its implications.

Answer

The statement published is true in its implications but not in its literal meaning.

Answer

The statement published is true in its literal meaning but not in its implications.

Question 18

Fair comment, as a defense to defamation, is based on the principle of:

Accepted Answer

Honest opinion on a matter of public interest, based on proven facts.

Answer

Lack of malice towards the plaintiff.

Answer

Absence of defamatory meaning in the statement.

Question 19

Which of the following is a requirement for the defense of qualified privilege?

Accepted Answer

The statement was made on an occasion of privilege, without malice, and in the public interest.

Answer

The statement was true and in the public interest.

Answer

The statement was made in the course of a legal proceeding.

Question 20

The defense of consent in defamation actions is based on the principle of:

Accepted Answer

Waiver of the right to sue by the plaintiff through their voluntary agreement.

Answer

Truth of the statement published.

Answer

Absence of malice towards the plaintiff.

Answer

Fair comment on a matter of public interest.

Question 21

Which of the following is NOT a factor considered in determining whether a statement is defamatory?

Accepted Answer

The plaintiff's sensitivity.

Answer

The meaning of the statement in its context.

Answer

The seriousness of the allegation made.

Answer

The reputation of the plaintiff.

Question 22

In a defamation action, the plaintiff must prove:

Accepted Answer

Publication of the defamatory statement, reference to the plaintiff, and damage to reputation.

Answer

Intent to defame, falsity of the statement, and actual malice.

Answer

Negligence in publishing the statement, truth of the statement, and consent of the plaintiff.

Question 23

The defense of justification, also known as:

Accepted Answer

Truth

Answer

Fair comment

Answer

Privilege

Answer

Statute of limitations