Welcome back to the Bar Exam Toolbox podcast! Today, we’re talking about defamation — a topic you might see on a Torts essay along with other intentional torts, and sometimes on the MBE as well. We also highlight some of the other intentional torts that are commonly triggered in a defamation fact pattern.
In this episode we discuss:
- The five elements of defamation
- When is a statement of opinion actionable?
- The difference between defamation claims brought by private figures and public figures
- The “slander per se” rule for damages
- Analyzing three fact patterns involving defamation claims
- What are the common defenses to defamation
Thanks for listening!
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Resources:
- Bar Exam Writing Help
- California Bar Examination – Essay Questions and Selected Answers, February 2009
- California Bar Examination – Essay Questions and Selected Answers, February 2020
- Podcast Episode 87: Listen and Learn — Homicide
- Podcast Episode 88: Listen and Learn – Negligence Per Se
- Podcast Episode 89: Listen and Learn – What Is Hearsay?
- Podcast Episode 91: Listen and Learn – Logical and Legal Relevance
- Podcast Episode 92: Listen and Learn – Subject Matter Jurisdiction
- Podcast Episode 93: Listen and Learn – Constructive Eviction
- Podcast Episode 95: Listen and Learn – Promissory Estoppel
- Podcast Episode 97: Listen and Learn – The Reasonable Person Standard
- Podcast Episode 98: Listen and Learn – The “Battle of the Forms” Under UCC 2-207
- Podcast Episode 101: Listen and Learn – Present Sense Impression vs. State of Mind
- Podcast Episode 102: Listen and Learn – The Statute of Frauds
- Podcast Episode 103: Listen and Learn – Assault and Battery
- Tackling Torts MBE Questions
Prefer to read? Download the Transcript
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