Criminal Law, 2011 Bar — Question 11

MULTIPLE CHOICE

Plaintiff X said in his civil complaint for damages that defendant Y, employing fraud, convinced him to buy a defective vehicle. Y filed a criminal action for libel against X for maliciously imputing fraud on him. Will the action prosper if it turns out that the civil complaint for damages was baseless? (A) No, since pleadings filed in court are absolutely privileged. (B) No, since malice is not evident. (C) Yes, given the fact that the imputation of fraud was baseless. (D) Yes, parties must state the truth in their pleadings.

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