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 Case Filing Format In Nevada
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A district or justice court civil case. If you are filing in a Nevada court, you must include in your complaint: 1.The Legal Forms Index contains a listing of forms found online as well as sample forms found at the Clark County Law Library. Nevada law recognizes two forms of defamation: libel and slander. The difference is whether the statements are made verbally (slander) or in writing libel). Below is a list of the civil district court forms that are available, free of charge, at the Civil Law Self-Help Center. Complete and e-file the Counterclaim form. Be careful to list the party names as requested on the form. A brief must be set in a plain, roman style, although underlining, italics or boldface may be used for emphasis. Case names must be italicized or underlined.
