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.
Cease And Desist Order For The View In Nassau
Category:
State:
Multi-State
County:
Nassau
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
Have local lawyers send your Cease and Desist letter in 48 hours or less for $199.
Typically, an administrative judge has the discretion to decide over the issuance of the order. There are two different kinds of cease and desist orders: summary cease and desist orders and final cease and desist orders.
A cease and desist letter has no legal standing. It is merely a warning and a request to stop the offending behavior before legal action is taken.
Anyone can send a cease and desist letter. An attorney does not have to be involved. However, an attorney can advise complainants on whether their rights have been violated and if they have legal and meritorious rights to send a cease and desist letter.
Receiving a cease and desist letter is a serious issue. It indicates the sender's intention to pursue you for the alleged wrongdoing if you do not follow their demands. Receiving a cease and desist letter does not necessarily mean you will end up in Court.
A cease and desist order is an order by an administrative agency that requires certain practices specified to stop. It is used in Labor and Employment Law , Security Law , Education Law , and a lot of other areas of law. Typically, an administrative judge has the discretion to decide over the issuance of the order.
The cease and desist regulation is designed to protect homeowners who do not wish to receive real estate solicitations. What Forms of Solicitation Are Prohibited by the Cease and Desist Regulation? Generally, soliciting a homeowner whose name appears on a cease and desist list is prohibited.
How do you write a Cease and Desist Letter? Names and addresses of both parties, and phone numbers if available. Description of activity that prompted the letter. Days they will have to respond to the letter before legal action is taken. Documents, images, or other proof of harassment or infringement.
If you ignore a cease and desist letter or do not deal with it effectively, the matter can escalate to court proceedings and you will be on the back foot.
A cease and desist letter may be sent by an individual or a company; it is a request, but it may be followed by legal action if ignored. In either case, a cease and desist notifies the recipient of an alleged violation of the rights of the sender and demands that the violation stop.
