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.
Particulars Of Claim For Defamation Of Character In Sacramento
Category:
State:
Multi-State
County:
Sacramento
Control #:
US-00423BG
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Word;
Rich Text
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Our comprehensive guidance on defamation law offers expert insights and practical strategies to safeguard your personal and professional identity. All completed documents should be submitted to the Hall of Justice Building, 813 6th Street, Room 212 (2nd Floor) Sacramento, CA 95814.The difference between slander and libel (both are types of defamation), and what you need to prove to win a case for defamation. Such a defamation case is a losing case unless you can prove false statements of fact were reported and that the reporter knew the statements were false. Our attorneys have expertise in the complex elements involved in a defamation suit, and we are determined to defend our clients and protect their rights. A claim for defamation must be stated with particularity. What forms do I need to fill out? â–« Mandatory: â–« Civil Case Cover Sheet (CM-010).
