Criminal Law, 2011 Bar — Question 27
← Criminal Law2011 BarCriminal LawQ. 27
MULTIPLE CHOICE
X, a court employee, wrote the presiding judge a letter, imputing to Y, also a court employee, the act of receiving an expensive gift from one of the parties in a pending case. Because of this, Y accused X of libel. Does Y need to prove the element of malice in the case? (A) No, since malice is self-evident in the letter. (B) Yes, malice is not presumed since X wrote the letter to the presiding judge who has a duty to act on what it states. (C) No, since malice is presumed with respect to defamatory imputations. (D) Yes, since malice is not presumed in libel.
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