A plaintiff sues a newspaper for defamation based on an article accusing the plaintiff of embezzlement. Which statement best states the basic elements the plaintiff must generally prove, subject to constitutional limits?...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A mayor sues a blogger for defamation and obtains an order barring the blogger from publishing any future statements about the mayor's finances until trial. The order was entered after a short hearing and contains no fin...
Citations: U.S. Const. amend. I, Near v. Minnesota, Nebraska Press Association v. Stuart
In a federal defamation action, Plaintiff alleges that Defendant falsely wrote that Plaintiff was dishonest in business. Truth is a complete defense under the governing substantive law. Defendant seeks to prove that Plai...
Citations: Fed. R. Evid. 405(b)
..., Plaintiff brings a federal antidiscrimination claim and a state-law defamation claim. A discovery dispute turns on whether a communication is privileged. Which statement best describes the Rule 501 framework? The corre...
Citations: Fed. R. Evid. 501
...t for retaliation under a federal statute and also brings a state-law defamation claim under supplemental jurisdiction. Officer seeks damages for emotional distress. City seeks three categories of records. First, City se...
Citations: Fed. R. Evid. 501, Fed. R. Evid. 502, Jaffee v. Redmond
A private citizen sues a newspaper for a false article about a matter of public concern and seeks actual damages for lost business. What fault showing is constitutionally required at minimum? This question tests fault...
Citations: NCBE MBE Subject Matter Outline, Torts, Gertz v. Robert Welch, Inc.
...es, "Nina stole money from the company safe last week." Nina sues for defamation. Which statement best describes the nature of the statement? This question tests slander per se. NCBE MBE Subject Matter Outline, Torts, Re...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...Which statement best describes his possible public-figure status for defamation purposes? This question tests limited-purpose public figure status. NCBE MBE Subject Matter Outline, Torts, Gertz v. Robert Welch, Inc.
Citations: NCBE MBE Subject Matter Outline, Torts, Gertz v. Robert Welch, Inc.
...lic contract. What fault standard must the mayor prove to recover for defamation? This question tests the actual-malice standard for public officials. NCBE MBE Subject Matter Outline, Torts, New York Times Co. v. Sulliva
Citations: NCBE MBE Subject Matter Outline, Torts, New York Times Co. v. Sullivan
...s false. The mayor lost several endorsements and sues the blogger for defamation. The blogger argues that the post was political opinion and that public officials must tolerate harsh criticism. Analyze the mayor's defama...
Citations: NCBE MBE Subject Matter Outline, Torts, New York Times Co. v. Sullivan, Restatement (Second) of Torts
...catering contracts and sues both the critic and the account owner for defamation. Analyze which statements are actionable defamation and which are protected opinion or hyperbole. Discuss republication liability. This ess...
Citations: NCBE MBE Subject Matter Outline, Torts, Milkovich v. Lorain Journal Co., Restatement (Second) of Torts
...al and was not written or posted online. Has publication occurred for defamation purposes? This question tests publication. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...restaurant owner had been convicted of tax fraud. The owner sues for defamation, claiming the truthful report hurt his reputation. Which statement best describes the newspaper's defense? This question tests the truth de...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...Sofia became a public figure by organizing meetings. Analyze Sofia's defamation claim, including plaintiff status, fault, falsity, and damages. This essay tests private/public plaintiff classification, public concern, f...
Citations: NCBE MBE Subject Matter Outline, Torts, Gertz v. Robert Welch, Inc., Restatement (Second) of Torts
...or criminal conduct. Which statement best describes the restaurant's defamation claim based on those words? This question tests opinion and rhetorical hyperbole. NCBE MBE Subject Matter Outline, Torts, Milkovich v. Lora...
Citations: NCBE MBE Subject Matter Outline, Torts, Milkovich v. Lorain Journal Co.
A supervisor honestly but mistakenly told two human-resources employees that a worker might have falsified time records. The supervisor then repeated the accusation over the lunchroom loudspeaker to all employees whil...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...r; he stole tablets from us." The accusation was false. Omar sues for defamation. The manager and employer assert privilege defenses. Analyze publication, any qualified privilege, whether the privilege was abused, and da...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...evant to the claims in the case. The party later sues the witness for defamation. Which statement best describes the witness's privilege? This question tests absolute privilege in judicial proceedings. NCBE MBE Subject M...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...nd that neighborhood gossip should not be actionable. Analyze Paula's defamation claim against Dana. This essay tests private-plaintiff defamation, identification, defamation per se, and truth. NCBE MBE Subject Matter Ou...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...the nonprofit for false light invasion of privacy and, alternatively, defamation. The nonprofit argues that the photograph itself was real and that the article concerned a public event. Analyze Daniel's false-light claim...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...lic records showing that the accusation was false. The mayor sued for defamation and obtained an injunction prohibiting the activist from publishing any future statements about the mayor's finances until trial. The city...
Citations: U.S. Const. amend. I, Brandenburg v. Ohio, Counterman v. Colorado, New York Times Co. v. Sullivan, Near v. Minnesota, Nebraska Press Association v. Stuart
..., a State T resident, sued Reporter and NewsSite in State T court for defamation after NewsSite published an article stating that Entrepreneur had misused investor funds. Reporter wrote most of the article in State R. Re...
Citations: Calder v. Jones, Walden v. Fiore, International Shoe Co. v. Washington
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