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Pages:
1 page/β‰ˆ275 words
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1 Source
Style:
APA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
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MS Word
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Topic:

Torts 11: Professor Smitt Against Justin

Essay Instructions:

Justin, a student in a state university law school, posted on the law school bulletin board the following typed notice:
Professor Smitt gave an "A" grade last semester to a woman in return for sexual favors. The facts are widely known and talked about.
The statement about sexual favors was true of a different teacher also named Smitt (Teacher Smitt) who had been fired from his job at a nearby college as a result. Justin knew that Teacher Smitt had been fired but did not know why. Justin honestly believed that Professor Smitt was the one who had given the "A" grade in return for the sexual favors. On the day after Justin posted the typed notice, Ed, editor of the Daily Times, the local newspaper, published in the Daily Times a clear picture of the posted notice, commenting only that the notice was posted on the local law school bulletin board.
Professor Smitt had given only one "A" grade the previous semester. This was to a woman named Liz, who had never been intimate with Professor Smitt. Her grade had appeared alongside her secret examination number on Professor Smitt's list of grades, which had been posted on the bulletin board. Liz was never identified publicly by Professor Smitt or the school as the recipient of the "A" grade.
1. What legal claims and defenses should be asserted in a suit by Professor Smitt against Justin, Ed, and the Daily Times, and how should the claims and defenses be resolved? Discuss.
2. What legal claims and defenses should be asserted in a suit by Liz against Justin, Ed, and the Daily Times, and how should the claims and defenses be resolved? Discuss.

Essay Sample Content Preview:

TORTS 11
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Institution:
TORTS 11
Defamation is when a person publishes a false information about another either through writing or orally. The publication can be termed as defamatory only if the target is innocent and has no such allegations in the past. Justin has posted an article about Professor Smitt awarding a student, Liz, an "A" for sexual favors (Nafziger, & Ross, 2011). Ed gets the information and prints it on the Daily Times. The issue is, what legal claims and defenses should be asserted in a law suit by Professor Smitt and Liz against Justin and Ed, and how should these be resolved?
The law states that when an individual publishes false information about another person and the character of the target is diminished or affected, then the person responsible for the publication is liable for defamation. However, if the information is true then the publisher is absolutely defended (Nafziger, & Ross, 2011). Again, if the publication does not mention names identifying a particular individual they are also defended and the target has no lega...
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