A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
False Statements Meaning In Illinois
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The False Claims Act (FCA) is intentionally broad. The Supreme Court has described it as “intended to reach all types of fraud, without qualification, that might result in financial loss to the government.” So, a claim is “false” if the government pays more or receives less than it would based on the truth.
In Illinois, even a baseless accusation can result in significant legal repercussions, regardless of the absence of supporting evidence. If you find yourself in this situation, make sure you understand your rights and take quick action to protect your future.
Motion to Suppress Confession. (a) Prior to the trial of any criminal case a defendant may move to suppress as evidence any confession given by him on the ground that it was not voluntary. (b) The motion shall be in writing and state facts showing wherein the confession is involuntary.
Enacted with the same purpose as the federal False Claims Act, the Illinois False Claims Act creates liability for entities that submit fraudulent claims for payment to the State of Illinois or its municipalities.
Theft by deception is defined under Illinois Statutes Chapter 720, Criminal Offenses § 5/16-1(7). ing to this statute, a person commits theft when they knowingly obtain, by deception, control over the property of the owner with the intent to permanently deprive the owner of the use or benefit of the property.
2) "Hearsay" means a statement, other than the one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
The elements of a claim under ICFA are: (1) deceptive conduct; (2) that the defendant intended the plaintiff rely on that conduct; (3) that the deception occurred in the course of conduct involving a trade or commerce; and (4) damages proximately resulting from the deception.
If a person makes a false statement to promote the sale of property or services, pays for something with a check that the purchaser knows will not go through, makes a false statement to obtain a bank account, or possesses stolen checks, among many others infractions, that person may find himself facing charges of ...
Finally, there's the possibility of criminal charges for deceptive practices. That's a Class A misdemeanor—maximum penalty 1 year and $1,000. It becomes a Class 4 felony—maximum 3 years—if you obtain at least $150 worth of property within 90 days with your bad check(s).
