Defamation with T-Swift

T-Swift can sometimes be slightly annoying, but just like Bieber, she does have some catchy songs.  Like this one: We are Never Ever Getting Back Together.

For the record, I would not be surprised if you are cringing at my song choice right now.  But come one...give me a chance.

Happy studying.

We Know Defamation

You might be thinking this is pretty sad – agreed

But defamation needs a catchy tune – you’ll see

This one will not leave your head…like ever

Defamation – it’s a tricky tort – really

The gist is to protect the reputation – and we

Know there are 2 kinds – libel and slander

OOO –false defamatory statement

OO concerning the plaintiff

OOO publication to another

OO fault and damages

I’m telling you telling you

We are 1Ls 1Ls 1Ls

We know defamation

We know that written oral statements

Lead to litigation

Libel’s worse than slander

Cuz it lasts forever – true

Slander’s easy to prove

Special damages assume

We are 1Ls 1Ls 1Ls

We know defamation

Libel equals damages presumed – easy

Libel per se – on its face defamatory

Libel per quod: we need extra facts

Slander- P must prove specific harm – hard to do!

Slander Per Se means it was so bad -- so presumed

Slander per quod – we aren’t tested on this

OOO –false defamatory statement

OO concerning the plaintiff

OOO publication to another

OO fault and damages

I’m telling you telling you

We are 1Ls 1Ls 1Ls

We know defamation

We know that written oral statements

Lead to litigation

Libel’s worse than slander

Cuz it lasts forever – true

Slander’s easy to prove

Special damages assume

We are 1Ls 1Ls 1Ls

We know defamation

Analyze: first thru common law – then to

Constitution: plaintiff and statement – run through

Fault ground? Malice, reckless, negligence

Last in constitutional breakdown – is this

Figure out the damages and don’t dismiss

Privileges like absolute or conditional

OOO –false defamatory statement

OO concerning the plaintiff

OOO publication to another

OO fault and damages

I’m telling you telling you

We are 1Ls 1Ls 1Ls

We know defamation

We know that written oral statements

Lead to litigation

Libel’s worse than slander

Cuz it lasts forever – true

Slander’s easy to prove

Special damages assume

We are 1Ls 1Ls 1Ls

We know defamation

We are 1L's almost 2L's

We'll know defamation