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The English Law of Defamation

Crafted by Trivia Architect rialto88

Fun Trivia : Quizzes : U.K. Laws : The English Law of Defamation

Introduction:
"This quiz includes a number of fairly basic questions about a law that is often talked about by the media. In England we are said to have freedom of speech, but how careful are we sometimes in what we say?"


1. The definition of defamation in English law is: "the publication of a statement which tends to lower a person in the estimation of right-thinking members of society generally, or which tends to make them shun or avoid that person". Is this a correct definition of defamation?
    Yes
    No


2. Would it be correct to say in most cases that "it is for the judge to decide whether the words are capable of a defamatory meaning and, if they are, it is for the jury to decide if they do in reality constitute a defamation of the plaintiff"?
    no
    yes
    The judge only ever guides the jury, and they decide everything.
    Juries only ever estimate the damages and decide nothing else in a case.


3. Would it be correct to say that "defamation" and "libel" are two interchangeable words and that they mean the same thing in reality?
    no
    Libel is is a defamation where financial loss occurs
    yes
    Libel, unlike defamation, is only ever spoken and never written.


4. Would it be possible to defame someone by simple juxtaposition? By this is I mean depicting them in a derogatory position. An example of this would be a museum placing a waxwork of someone not guilty of murder in a "chamber of horrors".
    no
    only if they are public figures prior to the defamation
    only if they are politicians
    yes


5. In English law we are allowed to make "fair comment" on a matter of public interest. Amongst other things would it be true to say that the test of this defence includes whether it is "an honest person expressing their genuine opinions"?
    Yes
    No


6. In which branch of English law is defamation normally found?
    tort
    human rights
    equity
    criminal law


7. Every time a defamatory statement is made there is a fresh publication and this is actionable. Is there a special defence for publishing something defamatory that is open to an internet company, this defence arising when the company does not know that a publication on its web site is defamatory?
    Yes
    No


8. Which one of the following publications is not open to a defence of "absolute privilege"?
    relevant statements made in official legal proceedings
    fair and accurate reports of proceedings in the European Court of Justice
    statements in the course of Parliamentary proceedings
    a testimonial given to an employer


9. In ordinary circumstances is it a defence to show that the defendant never intended to refer to the person defamed?
    yes
    no
    yes, but only if the person defamed is not publicly known
    yes, but only if the defamed is not a politician


10. George Carman QC recently died at the age of 71. He was a renowned libel lawyer. Do you know where he was born?
    Southend -on-sea, England
    Blackpool, England
    just off Middle Temple Lane in London, England
    Ayr in Scotland


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