MC 401 Exam 2 Bragg Question and
answers rated A+ 2025/2026
Defamation - correct answer ✔any communication that holds a person up to contempt, hatred, ridicule
or scorn and lowers the reputation of the individual defamed
Tort - correct answer ✔a civil wrong not based on a contract, against the person or property of
another. Typical torts are libel, invasion of privacy, trespass and assault
Libel - correct answer ✔Published or broadcast communication that lowers the reputation of an
individual by holding him or her up to contempt, ridicule or scorn
o Defamation, or libel is what lawyers call a tort, or civil wrong
• Defamation law includes libel AND slander. All published communication is treated as libel.
• Main source of lawsuits in mass media
• Mainstream press (newspapers, magazines, online sites) have more libel protection from the First
Amendment than Facebook, blogs, etc
• Most libel suits are settles because of lack of precedent in cases (and the cases are long and expensive)
• Is traditional common law with aspects of statutory and constitutional mixed in
• Any living person can sue for libel. For the deceased, families can do it on their behalf. (If a living
person dies before the case is settles, you have a survival statue which allow the case to continue)
• Can damage another person's reputation (example- "you have aids")
• Can hold a person up to ridicule, scorn, hatred, contempt, or spite
• There must be proof the individual's reputation was harmed (ability to conduct business)
• Can cause someone to be shunned and affect the way others view a person (example- Daphne, AL
Iranian Toyota dealership owner)
• Defamation by electronic means is usually considered libel
• Online Service Providers (OSP) are immune from defamation...
,Six Elements of Libel - correct answer ✔1. Publication
2. Identification
3. Falsity
4. Fault
5. Defamation
6. Damages
Publication (1st Element of Libel) - correct answer ✔At least one person other than the plaintiff and the
defendant reads or hears it
• People who actually distribute the finished printed product cannot be held responsible for libel
publication
• Ex: libraries, stores, vendors
• Stuff on the internet in treated like newspapers or magazines in regards to publications
In libel law, exposing an allegedly libelous statement to one person in addition to subject of the libel
Identification (2nd Element of Libel) - correct answer ✔Recognized by name or description, even as a
group member
• More than two people must be able to recognize the plaintiff from the given publication
• If it doesn't make explicit identification you can then must prove that the defamatory words refer to
you
• Ex: you have been fictionally portrayed in a novel
as used in libel suit, the requirement that the plaintiff prove that at least one person believes that the
subject of the libelous remarks is the plaintiff and not some other person
Falsity (3rd Element of Libel) - correct answer ✔The statement was false
, • Proof must be direct and explicit
• Even if a story contains nothing but truths it still could be regarded as false if important facts are left
out (this is defamation by implication)
• Minor errors are overlooked when proving falsity
• Test for falsity?
• Does the proven truth leave a different impression of the plaintiff on the jury than the impression
created by the false statement?
Fault (4th Element of Libel) - correct answer ✔Plaintiff must prove some degree of fault by the
defendant that resulted in injury
• Private persons—negligence
• Private Persons—involving "matters of public concern". Actual malice
• Public officials and public figures—actual malice
Defamation (5th Element of Libel) - correct answer ✔• Two types
• Libel per se- "thief", "cheat", "traitor"
• Libel per quod- "Sally married Brandon" (sounds okay but sally is already married) so it is a libelous
accusation
• Defamation is any communication that damages the reputation of a person, not necessarily their
character.
• Must have proof that the reputation was harmed to prove defamation
• A significant minority of the community must believe that the reputation has been damaged
• Ex: a woman who thinks cats is part of a cult that thinks cats are satan is shown saving a cat. She sues
for defamation. Because the group that believes this is so small, so it not defamation.
• Protection against defamation for journalists- using "allegedly"
Damages (6th Element of Libel) - correct answer ✔—(personal harm)
• Special— (actual loss/precise) lost wages, etc.
answers rated A+ 2025/2026
Defamation - correct answer ✔any communication that holds a person up to contempt, hatred, ridicule
or scorn and lowers the reputation of the individual defamed
Tort - correct answer ✔a civil wrong not based on a contract, against the person or property of
another. Typical torts are libel, invasion of privacy, trespass and assault
Libel - correct answer ✔Published or broadcast communication that lowers the reputation of an
individual by holding him or her up to contempt, ridicule or scorn
o Defamation, or libel is what lawyers call a tort, or civil wrong
• Defamation law includes libel AND slander. All published communication is treated as libel.
• Main source of lawsuits in mass media
• Mainstream press (newspapers, magazines, online sites) have more libel protection from the First
Amendment than Facebook, blogs, etc
• Most libel suits are settles because of lack of precedent in cases (and the cases are long and expensive)
• Is traditional common law with aspects of statutory and constitutional mixed in
• Any living person can sue for libel. For the deceased, families can do it on their behalf. (If a living
person dies before the case is settles, you have a survival statue which allow the case to continue)
• Can damage another person's reputation (example- "you have aids")
• Can hold a person up to ridicule, scorn, hatred, contempt, or spite
• There must be proof the individual's reputation was harmed (ability to conduct business)
• Can cause someone to be shunned and affect the way others view a person (example- Daphne, AL
Iranian Toyota dealership owner)
• Defamation by electronic means is usually considered libel
• Online Service Providers (OSP) are immune from defamation...
,Six Elements of Libel - correct answer ✔1. Publication
2. Identification
3. Falsity
4. Fault
5. Defamation
6. Damages
Publication (1st Element of Libel) - correct answer ✔At least one person other than the plaintiff and the
defendant reads or hears it
• People who actually distribute the finished printed product cannot be held responsible for libel
publication
• Ex: libraries, stores, vendors
• Stuff on the internet in treated like newspapers or magazines in regards to publications
In libel law, exposing an allegedly libelous statement to one person in addition to subject of the libel
Identification (2nd Element of Libel) - correct answer ✔Recognized by name or description, even as a
group member
• More than two people must be able to recognize the plaintiff from the given publication
• If it doesn't make explicit identification you can then must prove that the defamatory words refer to
you
• Ex: you have been fictionally portrayed in a novel
as used in libel suit, the requirement that the plaintiff prove that at least one person believes that the
subject of the libelous remarks is the plaintiff and not some other person
Falsity (3rd Element of Libel) - correct answer ✔The statement was false
, • Proof must be direct and explicit
• Even if a story contains nothing but truths it still could be regarded as false if important facts are left
out (this is defamation by implication)
• Minor errors are overlooked when proving falsity
• Test for falsity?
• Does the proven truth leave a different impression of the plaintiff on the jury than the impression
created by the false statement?
Fault (4th Element of Libel) - correct answer ✔Plaintiff must prove some degree of fault by the
defendant that resulted in injury
• Private persons—negligence
• Private Persons—involving "matters of public concern". Actual malice
• Public officials and public figures—actual malice
Defamation (5th Element of Libel) - correct answer ✔• Two types
• Libel per se- "thief", "cheat", "traitor"
• Libel per quod- "Sally married Brandon" (sounds okay but sally is already married) so it is a libelous
accusation
• Defamation is any communication that damages the reputation of a person, not necessarily their
character.
• Must have proof that the reputation was harmed to prove defamation
• A significant minority of the community must believe that the reputation has been damaged
• Ex: a woman who thinks cats is part of a cult that thinks cats are satan is shown saving a cat. She sues
for defamation. Because the group that believes this is so small, so it not defamation.
• Protection against defamation for journalists- using "allegedly"
Damages (6th Element of Libel) - correct answer ✔—(personal harm)
• Special— (actual loss/precise) lost wages, etc.
