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.
Defamation Of Character For Slander In Maricopa
Category:
State:
Multi-State
County:
Maricopa
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
Description
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FAQ
The plaintiff files a document (complaint) with the clerk of the court stating the reasons why the plaintiff is suing the defendant, and what action the plaintiff wants the court to take. A copy of the complaint and a summons are delivered to (served on) the defendant.
Two Years. Within Arizona, there is a two-year time limit for filing a personal injury claim. The law states that a plaintiff must start a claim within two years of the date of the cause of action for cases involving wrongful death, robbery, trespassing, and personal injuries.
Justice courts are the "limited jurisdiction courts" which handle misdemeanor crimes, protective orders, small claims up to $3,500, and civil lawsuits for amounts of $10,000 and below.
You may not split a claim and file two separate actions. You may file for the "court costs"in addition to the $10,000 maximum. Civil lawsuits in Arizona are governed by the Justice Court Rules of Civil Procedure (PDF).
Small Claims. Resolving civil disputes if damages are less than $3,500. A small claims lawsuit is a claim against another party for damages of an amount less than $3,500.00. These lawsuits are designed to resolve civil disputes in front of a small claims hearing officer or a Justice of the Peace.
Arizona law imposes a two-year statute of limitations for many civil actions, like personal injury claims and wrongful death cases. Some civil cases, like libel or slander, have a one-year limitation period.
Every county in Arizona has at least two justice courts. The justice courts have exclusive authority to hear cases in which the amount in controversy is $10,000 or less. Cases in which the amount in controversy is greater than $10,000 must be filed in the superior court.
In Arizona, a statement that does any of the following is slander per se: Charges a contagious or venereal disease, or that woman is not chaste; or. Tends to injure a person in his profession, trade, or business; or. Imputes the commission of a crime involving moral turpitude.
An Injunction Against Harassment is available if the conduct of any person is "harassment" as defined by Arizona law: The defendant can be anyone, whether or not related to you. The conduct can be any conduct which is harassment.
“The malice element in a civil malicious prosecution action does not require proof intent to injure. Instead, a plaintiff must prove that the initiator of the action primarily used the action for a purpose 'other than that of securing the proper adjudication of the claim.
