Episode Details

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?

Resources:

• Bar Exam Writing Help (https://barexamtoolbox.com/bar-exam-writing-help/)
• California Bar Examination – Essay Questions and Selected Answers, February 2009 (https://juraxbar.com/wp-content/uploads/2016/04/February-2009-CBX.pdf)
• California Bar Examination – Essay Questions and Selected Answers, February 2020 (https://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/February-2020-Essay-Selected-Answers.pdf)
• Podcast Episode 87: Listen and Learn -- Homicide (https://barexamtoolbox.com/podcast-episode-87-listen-and-learn-homicide/)
• Podcast Episode 88: Listen and Learn – Negligence Per Se (https://barexamtoolbox.com/podcast-episode-88-listen-and-learn-negligence-per-se/)
• Podcast Episode 89: Listen and Learn – What Is Hearsay? (https://barexamtoolbox.com/podcast-episode-89-listen-and-learn-what-is-hearsay/)
• Podcast Episode 91: Listen and Learn – Logical and Legal Relevance (https://barexamtoolbox.com/podcast-episode-91-listen-and-learn-logical-and-legal-relevance/)
• Podcast Episode 92: Listen and Learn – Subject Matter Jurisdiction (https://barexamtoolbox.com/podcast-episode-92-listen-and-learn-subject-matter-jurisdiction/)
• Podcast Episode 93: Listen and Learn – Constructive Eviction (https://barexamtoolbox.com/podcast-episode-93-listen-and-learn-constructive-eviction/)
• Podcast Episode 95: Listen and Learn – Promissory Estoppel (https://barexamtoolbox.com/podcast-episode-95-listen-and-learn-promissory-estoppel/)
• Podcast Episode 97: Listen and Learn – The Reasonable Person Standard (https://barexamtoolbox.com/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 (https://barexamtoolbox.com/podcast-episode-98-listen-and-learn-the-battle-of-the-forms-under-ucc-2-207/)
• Podcast Episode 101: List