EXAM QUESTIONS AND ACCURATE SOLUTIONS NEWEST 2026
Identification
A libel plaintiff must prove that the allegedly defamatory
statement is "of and concerning" him or her; requires showing
that the recipient of the statement correctly or mistakenly (but
reasonably) understood the statement to refer to the plaintiff
Publication
Communication, intentionally or negligently, to someone other
than the person defamed; one who republishes defamatory
facts is liable
Statute of limitations
Requires that a libel suit be brought within a certain number of
years of the date of publication
In NE the statute of limitations is one year, in most states it is
2 years
1996 telecommunications act (communications decency act)
Sec 230 of the act says no provider of an interactive computer
service shall be treated as the publishers of any info provided
by others
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,Jones v dirty world
Sarah Jones is a teacher and beagle cheerleader on a website
called Dirty World. People posted comments that were
promiscuous and demanding.
She sued for libel but she was unable to win because of
section 230 of the Communications Decency Act
Injury
In many cases, the plaintiff must produce evidence of actual
injury.
This can mean loss of reputation, mental anguish, humiliation
Plaintiffs often must show the defamation caused the injury
Injury is presumed if the publication was a knowing or
reckless falsehood (actual malice)
Actual injury
In many cases, the plaintiff must produce evidence of actual
injury
This can mean loss of reputation mental anguish humiliation
Plaintiffs often must show the defamation caused the injury
Types of damage
Actual, special, presumed, punitive, nominal
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, Actual damage
Compensate plaintiff for injury to reputation; hurt feelings,
humiliation. Must be supported by evidence
Special damage
Compensation for real, tangible, pecuniary loss (lost business,
lost wages or salary, etc.) Must be supported by proof and may
not include projected or future losses
Presumed damages
Damages a plaintiff can get without providing any injury. Libel
law used to allow juries to presume injury, Now, presumed
damages can be awarded only on a showing of actual malice
Punitive damage
Intended to punish bad conduct on the part of the defendant
and deter such conduct in the future (not allowed in NE)
Nominal
A small award made when there has been a breach of duty but
no substantial harm to the plaintiff
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