Defamation, a Camouflage of Psychic Interests: the Beginning of a Behavioral Analysis
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Human Trafficking and Exploitation
HUMAN TRAFFICKING AND EXPLOITATION MANUAL FOR TEACHERS Third Edition Recommended by the order of the Minister of Education and Science of the Republic of Armenia as a supplemental material for teachers of secondary educational institutions Authors: Silva Petrosyan, Heghine Khachatryan, Ruzanna Muradyan, Serob Khachatryan, Koryun Nahapetyan Updated by Nune Asatryan The opinions expressed in the report are those of the authors and do not necessarily reflect the views of the International Organization for Migration ¥IOM¤. The designations employed and the presentation of material throughout the report do not imply the expression of any opinion whatsoever on the part of IOM concerning the legal status of any country, territory, city or area, or of its authorities, or concerning its frontiers or boundaries. IOM is committed to the principle that humane and orderly migration benefits migrants and society. As an intergovernmental organization, IOM acts with its partners in the international community to: assist in meeting the operational challenges of migration; advance understanding of migration issues; encourage social and economic development through migration; and uphold the human dignity and well-being of migrants. This publication has been issued without formal language editing by IOM. Publisher: International Organization for Migration Mission in Armenia 14, Petros Adamyan Str. UN House, Yerevan 0010, Armenia Telephone: ¥+374 10¤ 58 56 92, 58 37 86 Facsimile: ¥+374 10¤ 54 33 65 Email: [email protected] Internet: www.iom.int/countries/armenia © 2016 International Organization for Migration ¥IOM¤ All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of the publisher. -
Defamation, That Is, Comments Or Statements That Tarnish Or Destroy a Person’S Reputation in the Minds of Others
You Can’t Say That!! continued Hilary Findlay, a lawyer, and Rachel Corbett, a risk management consultant, are founders and directors of the Centre for Sport and Law. They are regular contributors to Coaches Report. In the last issue of Coaches Report, we wrote about defamation, that is, comments or statements that tarnish or destroy a person’s reputation in the minds of others. We identified the three elements that make a communication defamatory: A written or spoken communication must be made to a third person. The communication must convey a defamatory meaning or be capable of being interpreted in a defamatory manner. The defamatory meaning must be about the person bringing the allegation. We cited the case of Pliuskaitis v. Jotautas,1 in which a board member of a swim club was found by the court to have made a number of defamatory comments about the club’s coach. We explained that there is a very low threshold for a finding of defamation. In other words, it is not difficult to prove the three elements of defamation described above. Once defamation is established, the question becomes, Are the circumstances such that a defamatory communication may be legally justified or allowable? These are called “defences” to a claim of defamation and they are the focus of this article. We will also pick up the case of Pliuskaitis v. Jotautas and look at the defences put forward by the board member and see whether or not they were successful. There are four defences to a finding of defamation: consent, fair comment, justification, and qualified privilege. -
Rehabilitating a Federal Supervisor's Reputation Through a Claim
Title VII and EEOC case law have created an almost blanket protection for defamatory statements made in the form of allegations of harassment or discrimination in the federal workplace. In this environment, federal supervisors would do well to exercise caution before resorting to the intui- tive remedy of a defamation claim. Although there are some situations where an employee may engage in action so egregious that a claim of defamation is a good option, one cannot escape the fact that supervisory employment in the federal workplace comes with an increased risk of defamatory accusations for which there is no legal remedy. BY DANIEL WATSON 66 • THE FEDERAL LAWYER • OCTOBER/NOVEMBER 2014 Rehabilitating a Federal Supervisor’s Reputation Through a Claim of Defamation ohn Doe is a supervisor for a federal and demeaning insults he was alleged to have yelled at Jane agency. As he was leaving the office one Doe, and sex discrimination for his refusal to publish her work. Outraged at the false accusation, John immediately called Jnight, a female subordinate, Jane Doe, Jane into his office and asked her how she could have lied. Did stopped and asked why her work product she not know it was illegal to lie about that type of behavior? Jane responded by accusing John of retaliation. A week after had not received approval for publication. the incident, while speaking to a coworker, John Doe discov- He attempted to explain that he had already ered that the coworker had overheard the entire conversation documented his critique via e-mail and that between John and Jane and would swear to the fact that Jane was lying about what was said. -
Introductory Note 22:1 Libel Or Slander Per Se
CHAPTER 22 DEFAMATION (LIBEL AND SLANDER) Introductory Note 22:1 Libel or Slander Per Se — Where the Plaintiff Is a Public Official or Public Person or, If a Private Person, the Statement Pertained to a Matter of Public Interest or General Concern — Elements of Liability 22:2 Libel or Slander Per Quod — Where the Plaintiff Is a Public Official or Public Person or, If a Private Person, the Statement Pertained to a Matter of Public Interest or General Concern — Elements of Liability 22:3 Reckless Disregard Defined — Where the Plaintiff Is a Public Official or Public Person or, If a Private Person, the Statement Pertained to a Matter of Public Interest or General Concern 22:4 Libel or Slander Per Se — In a Private Matter Where Plaintiff Is a Private Person — Elements of Liability 22:5 Libel or Slander Per Quod — In a Private Matter Where Plaintiff Is a Private Person — Elements of Liability 22:6 Incremental Harm 22:7 Published — Defined 22:8 Defamatory — Defined 22:9 About the Plaintiff — Defined 22:10 Determination of Meaning of Statement — How Understood by Others 22:11 Determination of Meaning of Statement — Publication to Be Considered as a Whole 22:12 Determination of Meaning of Statement — Publication to Be Considered In Light of Surrounding Circumstances 22:13 False — Defined 22:14 Special Damages — Defined 22:15 Actual Damage — Defined 22:16 Affirmative Defense — Substantial Truth 22:17 Affirmative Defense — Absolute Privilege 22:18 Affirmative Defense — Qualified Privilege — When Lost 22:19 Affirmative Defense — Privilege to Report Official or Public Meeting Proceedings 22:20 Affirmative Defense — Privilege to Provider of Means of Communication 22:21 Affirmative Defense — Fair Comment 22:22 Affirmative Defense — Consent 22:23 Affirmative Defense — Statute of Limitations 22:24 Repetition by Third Persons as an Element of Damages 22:25 Damages — Recovery of 22:26 Circumstances That Mitigate Damages 22:27 Exemplary or Punitive Damages 2 Introductory Note 1. -
Penal Code Offenses by Punishment Range Office of the Attorney General 2
PENAL CODE BYOFFENSES PUNISHMENT RANGE Including Updates From the 85th Legislative Session REV 3/18 Table of Contents PUNISHMENT BY OFFENSE CLASSIFICATION ........................................................................... 2 PENALTIES FOR REPEAT AND HABITUAL OFFENDERS .......................................................... 4 EXCEPTIONAL SENTENCES ................................................................................................... 7 CLASSIFICATION OF TITLE 4 ................................................................................................. 8 INCHOATE OFFENSES ........................................................................................................... 8 CLASSIFICATION OF TITLE 5 ............................................................................................... 11 OFFENSES AGAINST THE PERSON ....................................................................................... 11 CLASSIFICATION OF TITLE 6 ............................................................................................... 18 OFFENSES AGAINST THE FAMILY ......................................................................................... 18 CLASSIFICATION OF TITLE 7 ............................................................................................... 20 OFFENSES AGAINST PROPERTY .......................................................................................... 20 CLASSIFICATION OF TITLE 8 .............................................................................................. -
The Purpose of Compensatory Damages in Tort and Fraudulent Misrepresentation
LENS FINAL 12/1/2010 5:47:02 PM Honest Confusion: The Purpose of Compensatory Damages in Tort and Fraudulent Misrepresentation Jill Wieber Lens∗ I. INTRODUCTION Suppose that a plaintiff is injured in a rear-end collision car accident. Even though the rear-end collision was not a dramatic accident, the plaintiff incurred extensive medical expenses because of a preexisting medical condition. Through a negligence claim, the plaintiff can recover compensatory damages based on his medical expenses. But is it fair that the defendant should be liable for all of the damages? It is not as if he rear-ended the plaintiff on purpose. Maybe the fact that defendant’s conduct was not reprehensible should reduce the amount of damages that the plaintiff recovers. Any first-year torts student knows that the defendant’s argument will not succeed. The defendant’s conduct does not control the amount of the plaintiff’s compensatory damages. The damages are based on the plaintiff’s injury because, in tort law, the purpose of compensatory damages is to make the plaintiff whole by putting him in the same position as if the tort had not occurred.1 But there are tort claims where the amount of compensatory damages is not always based on the plaintiff’s injury. Suppose that a defendant fraudulently misrepresents that a car for sale is brand-new. The plaintiff then offers to purchase the car for $10,000. Had the car actually been new, it would have been worth $15,000, but the car was instead worth only $10,000. As they have for a very long time, the majority of jurisdictions would award the plaintiff $5000 in compensatory damages 2 based on the plaintiff’s expected benefit of the bargain. -
Defamation and the Right of Privacy
Vanderbilt Law Review Volume 15 Issue 4 Issue 4 - October 1962 Article 4 10-1962 Defamation and the Right of Privacy John W. Wade, Dean Vanderbilt Law School Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Privacy Law Commons, and the Torts Commons Recommended Citation John W. Wade, Dean, Defamation and the Right of Privacy, 15 Vanderbilt Law Review 1093 (1962) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol15/iss4/4 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. Defamation and the Right of Privacy JOHN W. WADE* In this article Dean Wade discusses the scope of the tort of un- warranted invasion of the right of privacy, comparing and contrasting it with the tort of defamation. He observes that the action for invasion of the right of privacy may come to supplant the action for defamation and that this development should be welcomed by the courts and writers. Finally, he concludes that the whole law of privacy may someday be- come a part of the larger, more comprehensive tort of intentional in- fliction of mental suffering. I. INTRODUOTMON The history of the two torts of defamation and unwarranted invasion of the right of privacy has been greatly different. Defamation developed over a period of many centuries, with the twin torts of libel and slander having completely separate origins and historical growth. -
Retail Fraud Investigation Procedures
Procedure Kalamazoo Department of Public Safety Public Safety Procedures Manual 212 Retail Fraud Investigation Procedures 212.1 PURPOSE To establish procedures for the investigation of Retail Fraud cases. 212.2 PROCEDURE The following procedures shall be followed when investigating Retail Fraud cases. 212.2.1 ADULT PROCEDURES 1. An adult shall be arrested for Retail Fraud if probable cause exists which establishes: (a) While a store was open to the public, the suspect altered, transferred, removed and replaced, concealed, or otherwise misrepresented the price at which property was offered for sale with the intent not to pay for the property or to pay less than the price at which the property was offered for sale (the difference in price is the theft dollar amount). (b) While a store was open to the public, the suspect stole property of the store that was offered for sale. (c) With intent to defraud, the suspect obtained or attempted to obtain money or property from the store as a refund or exchange for property that was not paid for and belonged to the store. 2. Retail Fraud Charges (a) Retail Fraud I [750.356C] Theft amount $1,000 or more (Prosecutor Case) - Felony: 5 Years and/or $10,000 Route to Operations. (b) Retail Fraud II [750.356D] Theft amount of $200 or more but less than $1,000 (Prosecutor Case) - Misdemeanor: 1 Year and/or $2,000. Route to Operations. (c) Retail Fraud III- [750.356D4] Theft amount under $200 (City Attorney Case) - Misdemeanor: 93 Days and/or $500. Route to Operations 212.2.2 CHARGE ENHANCEMENT (a) An adult shall have the charge enhanced from Retail Fraud II to Retail Fraud I, when it can be proven that: 1. -
Fraud: District of Columbia by Robert Van Kirk, Williams & Connolly LLP, with Practical Law Commercial Litigation
STATE Q&A Fraud: District of Columbia by Robert Van Kirk, Williams & Connolly LLP, with Practical Law Commercial Litigation Status: Law stated as of 16 Mar 2021 | Jurisdiction: District of Columbia, United States This document is published by Practical Law and can be found at: us.practicallaw.tr.com/w-029-0846 Request a free trial and demonstration at: us.practicallaw.tr.com/about/freetrial A Q&A guide to fraud claims under District of Columbia law. This Q&A addresses the elements of actual fraud, including material misrepresentation and reliance, and other types of fraud claims, such as fraudulent concealment and constructive fraud. Elements Generally – nondisclosure of a material fact when there is a duty to disclose (Jericho Baptist Church Ministries, Inc. (D.C.) v. Jericho Baptist Church Ministries, Inc. (Md.), 1. What are the elements of a fraud claim in 223 F. Supp. 3d 1, 10 (D.D.C. 2016) (applying District your jurisdiction? of Columbia law)). To state a claim of common law fraud (or fraud in the (Sundberg v. TTR Realty, LLC, 109 A.3d 1123, 1131 inducement) under District of Columbia law, a plaintiff (D.C. 2015).) must plead that: • A material misrepresentation actionable in fraud • The defendant made: must be consciously false and intended to mislead another (Sarete, Inc. v. 1344 U St. Ltd. P’ship, 871 A.2d – a false statement of material fact (see Material 480, 493 (D.C. 2005)). A literally true statement Misrepresentation); that creates a false impression can be actionable in fraud (Jacobson v. Hofgard, 168 F. Supp. 3d 187, 196 – with knowledge of its falsity; and (D.D.C. -
Supreme Court of the United States
No. SUPREME COURT OF THE UNITED STATES GREG ANDERSON Petitioner, VS. GARY HERBERT et. al. Respondents. PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Greg Anderson pro se 24 South 7' Street Tooele, Utah 84074 Phone: 385 231-5005 NOV 1 - 2018 QUESTION PRESENTED Is a judgment void on its face, when a State Court steals a paid-for home at the motion to dismiss stage of the proceedings, under the guise that the owner was a tenant, where plaintiff attorneys misrepresented the law and contractual terms of the purchase contract 30 times in a 6 page document, then wrote the "Statement of Facts and Conclusions of Law," with no reference to the purported record, and the judge rubber-stamped plaintiffs claims, and the court denied itself jurisdiction by not strictly adhering to the statute, thereby implicating conspiracy. 11 PARTIES TO THE PROCEEDINGS BELOW Petitioner is Greg Anderson. Respondents Are Gary Herbert in His Official Capacity as Governor of the State of Utah, Sean Reyes in His Official Capacity as Attorney General for the State of Utah, Clark A McClellan, in His Individual Capacity, and in His Official Capacity for His Extra- judicial Acts, Third District Court, in its Official Capacity, Eighth District Court in its Official Capacity, Utah Court of Appeals in its Official Capacity, Daniel W. Kitchen, James L. Ahistrom, Terry Welch, Lynn Kitchen, Gary Kitchen, Mathew J. Kitchen, Mark R. Kitchen, Sandbay LLC Sunlake LLC, Orchid Beach LLC Roosevelt Hills LLC, John or Jane Doe(s) 1 Through 10 Note: No John or Jane Doe's have been named, nor have any other parties. -
Defamation in the Era of #Metoo
Defamation in the Era of #MeToo: An Introduction to Defamation Claims Related to Sexual Harassment Why are we here? Just to name a few… What Does Sexual Harassment Have To Do With Defamation? • There is an increasing trend in the filing of defamation lawsuits pertaining to allegations of sexual misconduct. - Ratner v. Kohler (D. Haw.) - Elliott v. Donegan (E.D.N.Y) - Unsworth v. Musk (C.D. Cal.) - McKee v. Cosby (1st Circuit) - Zervos v. Trump (N.Y. Sup. Ct.) - Stormy Daniels v. Trump (C.D. Cal.) • The changing political climate toward the freedom of the press has also given rise to recent defamation lawsuits. • Palin v. New York Times (S.D.N.Y) What is Defamation? A publication of or concerning a third party that … . Contains a false statement of fact, . Carries a defamatory meaning, and . Is made with some level of fault. Types of Defamation Libel v. Slander “Libel and slander are both methods of defamation; the former being expressed by print, writing, pictures or signs; the latter by oral expressions or transitory gestures.” Libel Per Se • The four established “per se” categories are statements • Charging a plaintiff with a serious crime; • That tend to injure another in his or her trade, business or profession; • That a plaintiff has a loathsome disease; or • Imputing unchastity to a woman What is a “Publication”? Classic publications: . Books . News articles . Opinion columns . Advertisements & billboards . Oral communications What is a “Publication”? But how about … . Blogs? . Tweets? . Facebook posts? . Instagram pictures? . Online comments? What is “Of” or “Concerning”? • The statement is “of and concerning” the plaintiff when it “designates the plaintiff in such a way as to let those who knew [the plaintiff] understand that [he] was the person meant. -
The Expansion of Fraud, Negligence, and Strict Tort Liability
Michigan Law Review Volume 64 Issue 7 1966 Products Liability--The Expansion of Fraud, Negligence, and Strict Tort Liability John A. Sebert Jr. University of Michigan Law School Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Consumer Protection Law Commons, and the Torts Commons Recommended Citation John A. Sebert Jr., Products Liability--The Expansion of Fraud, Negligence, and Strict Tort Liability, 64 MICH. L. REV. 1350 (1966). Available at: https://repository.law.umich.edu/mlr/vol64/iss7/10 This Comment is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. COMMENTS Products Liability-The Expansion of Fraud, Negligence, and Strict Tort Liability The advances in recent years in the field of products liability have probably outshone, in both number a~d significance, the prog ress during the same period in most other areas of the law. These rapid developments in the law of consumer protection have been marked by a consistent tendency to expand the liability· of manu facturers, retailers, and other members of the distributive chain for physical and economic harm caused by defective merchandise made available to the public. Some of the most notable progress has been made in the law of tort liability. A number of courts have adopted the principle that a manufacturer, retailer, or other seller1 of goods is answerable in tort to any user of his product who suffers injuries attributable to a defect in the merchandise, despite the seller's exer cise of reasonable care in dealing with the product and irrespective of the fact that no contractual relationship has ever existed between the seller and the victim.2 This doctrine of strict tort liability, orig inally enunciated by the California Supreme Court in Greenman v.