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 Statement Examples In North Carolina
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The North Carolina False Claims Act (“NCFCA”) makes it unlawful for any person to: (a) knowingly present, or cause to be presented a false or fraudulent claim for payment or approval to the State; (b) knowingly make, use, or cause to be made or used, a false record or statement material to a false or fraudulent claim ...
If you have been charged with false imprisonment in North Carolina, you face a Class 1 misdemeanor, punishable by up to 120 days in jail and a fine that will be set at the court's discretion. Charges of false imprisonment are accompanied by allegations of kidnapping, which is a much more serious crime.
North Carolina passed the state False Claims Act in 2009. The North Carolina False Claims Act was modeled on the federal False Claims Act, as is true for many of the 29 states that maintain their own state False Claim Act laws.
Any person who shall knowingly make any false affidavit or shall knowingly swear or affirm falsely to any matter or thing required by the terms of this Article to be sworn or affirmed to shall be guilty of a Class I felony. (1937, c.
The penalties for a perjury conviction vary from no jail time to four years in state prison. First-time offenders with no prior criminal history may be looking at zero days in jail, formal probation, fines, community service, and restitution.
North Carolina has a "structured sentencing" system in which first-time offenders are sentenced to lesser sentences than those who have been convicted multiple times. However, even for first-time offenders, there is jail time and a criminal record.
A person commits the offense of felonious restraint if he unlawfully restrains another person without that person's consent, or the consent of the person's parent or legal custodian if the person is less than 16 years old, and moves the person from the place of the initial restraint by transporting him in a motor ...
Felonious restraint is different than false imprisonment, which in North Carolina is considered a Class 1 misdemeanor and comes with a maximum 120-day imprisonment sentence. In NC, false imprisonment is the unlawful restrain or detainment of an individual without their consent.
The North Carolina False Claims Act (“NCFCA”) makes it unlawful for any person to: (a) knowingly present, or cause to be presented a false or fraudulent claim for payment or approval to the State; (b) knowingly make, use, or cause to be made or used, a false record or statement material to a false or fraudulent claim ...
Shopkeeper's Privilege Law in North Carolina In North Carolina, the shopkeeper's privilege statute explicitly gives the store owner or employee the right to detain a suspected shoplifter if they have probable cause. It goes on to define “concealment of merchandise” as a misdemeanor offense.
