Quizzes

1. Punitive damages can be recovered in a defamation case in Minnesota if:
The jury finds that the defendant acted with "reckless malice"
A judge approves allowing a jury to decide punitive damage
Only if the claimant has suffered severe emotional distress
The county prosecutor sues on a claim of criminal defamation

2. A famous case involving the New York Times, which established the Constitutional parameters of defamation law, was decided by the Supreme Court as:
A unanimous ruling of all nine justices
5-4 decision with 4 dissenting votes
An 8-1 decision with one dissenting vote
A tie vote of 4-4 with one abstention, which resulted in affirming the lower court ruling

3. In Minnesota, public school teachers suing for defamation are considered:
Public officials who must establish that defamatory communication was made with a false and reckless disregard for the truth
Private officials who can prevail if they show that defamatory communication was made negligently
Amicus Curai, friends of the court, in cases involving defamation at educational institutions
Intervenors in any case in which defamation occurs at a school

4. Criminal defamation cases are:
Very rare
Only brought in Federal Court
Prosecuted whenever a jury determines that "actual malice" exists
Subject to a one-year statute of limitations

5. The general statue of limitations for defamation begins to toll from the time that:
The defamatory communication is read or heard by the claimant
The claimant serves a "Notice of Intent" to start a lawsuit
The publication of the defamatory communication
A request for retraction is rejected

6. A true statement cannot be the basis for a successful defamation lawsuit:
Unless a jury determines that the statement was made maliciously
Unless a judge certifies the case for discretionary review
Until the party making the statement refuses to furnish an apology
Ever