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 In A Sentence In Phoenix
Category:
State:
Multi-State
City:
Phoenix
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
A cease and desist letter is a forceful and formal requests to discontinue an activity with the potential for legal action. It must include key components such as identification of the issue, evidence to support claims, consequences & a legal basis for demands.
No specified method of delivery is required for a cease and desist letter. Because it is not a legal document, you can write and send the letter yourself without the help of a legal professional, or you can hire an attorney to write and serve the letter for you.
Cease and desist order The board fined him $15,000 for posing as an architect and issued a cease and desist order.
Sending your cease and desist letter Once you've written your letter, the next step is to send it via certified mail so you have a record that it has been sent. The optimal result, of course, is that the recipient of your letter stops engaging in the activity that's harmful to you.
Effective cease-and-desist letters include the following information: A thorough yet concise and clear description of the activity that must be stopped. The legal basis for your claim. The consequences if the recipient of the letter fails to comply. A deadline by which the activity must stop.
Whether you are experiencing harassment or infringement of your copyright, sending a cease-and-desist letter is an option available to you. They are relatively simple to write up and you don't even need an attorney to serve them.
Apply, through the attorney general or through the county, city or town attorney of the county, city or town in which the act, practice or transaction is alleged to have been committed, to the superior court in that county for an injunction restraining the person from engaging in the act, practice or transaction, or ...
A petition for an injunction against harassment may be filed with any judicial officer – whether a magistrate, a justice of the peace, or a superior court judge – at any court in Arizona.
The company was ordered by the court to cease and desist from selling the photographs.
Apply, through the attorney general or through the county, city or town attorney of the county, city or town in which the act, practice or transaction is alleged to have been committed, to the superior court in that county for an injunction restraining the person from engaging in the act, practice or transaction, or ...
