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goodboy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-04-05 11:38 PM
Original message
Libel and Defamation of Character>>>
Edited on Sat Jun-04-05 11:38 PM by goodboy
# a tort consisting of false and malicious publication printed for the purpose of defaming a living person
# print slanderous statements against; "The newspaper was accused of libeling him"
# the written statement of a plaintiff explaining the cause of action (the defammation) and any relief he seeks
www.cogsci.princeton.edu/cgi-bin/webwn2.1

# In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someone's reputation. "Defamation" is however the generally-used term internationally, and is accordingly used in this article where it is not necessary to distinguish between "libel" and "slander".
en.wikipedia.org/wiki/Libel

# Defamation by writing such as in a newspaper or a letter.
www.duhaime.org/dictionary/dict-l.aspx

# The defamation of a person's reputation, in writing or by images.
www.wwind.com/legal_dictionary/l.htm

# Arnold, FO The Law of damages and compensation. 1913.
www.bartleby.com/224/0400.html

# A method of defamation expressed by print, writing, pictures or signs; in its most general sense, any publication that is injurious to the reputation of another.
court.nol.org/publications/glossary.htm

# Published words or pictures that falsely and maliciously defame a person. Libel is published defamation; slander is spoken.
courts.state.de.us/How%20To/court%20proceedings/

# maliciously damaging someone's reputation in print, as in: When the book came out, the author was sued for libel by three different people.
www.business-words.com/dictionary/L.html

# use of print or pictures to harm someone's reputation. Until 1964, a person could prove that they had been libeled simply by showing that the statements in question were incorrect. In 1964, the Supreme Court decided that public officials had to prove that the statements in question were made with "actual malice"-for the purpose of harming the person's reputation. As a result of the Supreme Court case, Time, Inc. v. Firestone (1976); private individuals only have to prove negligence, rather than "actual malice," on the part of the press.
www.multied.com/Civics/L.html

# tones down dangerous statements.
www.afnews.af.mil/products/primer/tipsd9.htm

# Defamation of an individual or individuals in a published work, with malice aforethought. In litigation, the falsity of the libelous statements or representations, as well the intention of malice, has to be proved for there to be libel. In addition, financial damages to the parties so libeled must be incurred as a result of the material in question for there to be an assessment of the amount of damages to be awarded to a claimant. This is contrasted to slander, which is defamation through the spoken word.
www.sedgeband.com/glossary.html

# Malicious publication of a defamation of a person by printing, writing, signs, or pictures, for the purposes of injuring the reputation and good name of such person.
www.crfonline.org/orc/glossary/l.html

# A written statement or picture that damages a person’s reputation.
www.courts.state.mn.us/districts/fourth/General/LegalTerms5.htm

# Written and published or broadcast statement, which damages someone’s character (in a permanent form).
www.booksites.net/download/chadwickbeech/Glossary.htm

# A) Published material that unjustly defames someone. B) The five parts of a libel claim are that 1) the material was published, 2) it is defamatory, 3) it was about the plaintiff, 4) it is false, and 5) the defendant is at fault. In North Carolina, the fault standard is either negligence or actual malice, depending on the plaintiff's status as a private or public person.
www.ryanteaguebeckwith.com/eng214/concepts.html

# Publication of defamatory information. Most General Liability policies cover libel.
www.insurancepoliciesonline.com/resourcecenter/glossary.htm

# Defamation of person’s reputation or character by any type of publication, including pictures or written word.
www5.aaos.org/oko/vb/online_pubs/professional_liability/glossary.cfm

# written defamatory statements about another.
www.patrons.com/html/body_glossary.html

# A statement of a criminal charge.
hjem.get2net.dk/safsaf/glossary.html

# Written defamation
www.angelfire.com/trek/puknews/refsnp.html

# 'Libel' is the common term for 'defamation'. Defamation is the deliberate writing (libel) or speaking (slander) of untrue information about a person or corporation. Where the spreading of defamatory speech or material causes material damage to those it relates to they may seek legal redress for the damage caused. Libel, and how it is created and prosecuted, is a complex area of law. For the average person it is very difficult to prosecute. But as the UK government has chosen not to introduce a formal right of privacy, for the moment Libel, and procedures similar to it, are the onlyt
www.fraw.org.uk/library/005/gn-irt/glossary.html

# Libel consists only of knowingly uttering falsehoods as fact with intent to harm.
www.mingovia.org/mc/glossary.html

# (Diffamation) This refers to anything that is written and published, tending to injure the reputation of another unjustly by bringing them to ridicule, hatred or contempt. If the same words were spoken instead of written and published, the term "slander" would apply.
www.aon.ca/english/plines_include/glossaryl.htm

# A written statement about someone which is personally injurious to that individual. In maritime law it means legal action brought against the owner of another ship. See also Defamation.
www.kellyinsurance.com/glossary/legal.l.glossary.html

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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-04-05 11:39 PM
Response to Original message
1. WHY DO YOU HATE ME?
Wasn't it bad enough that I had to read this shit in law school?
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goodboy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-04-05 11:51 PM
Response to Reply #1
7. awww.....
I love lawyers.

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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-04-05 11:54 PM
Response to Reply #7
12. Oh, well. In that case .............
WHY DO YOU HATE AMERICA?

(Sorry. I keep doing this today ............ )
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goodboy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-04-05 11:56 PM
Response to Reply #12
14. Aw.....I don't hate america. I hate slanderous fucking assholes like
the ones I PM'd you.
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The Velveteen Ocelot Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-04-05 11:40 PM
Response to Original message
2. And...?
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goodboy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-04-05 11:52 PM
Response to Reply #2
8. I thought I'd post this in case anyone was being libeled at the moment
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shraby Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-04-05 11:41 PM
Response to Original message
3. Are you trying to tell us something?
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DeAngel Donating Member (39 posts) Send PM | Profile | Ignore Sat Jun-04-05 11:43 PM
Response to Original message
4. Goodboy, I think...
Is pointing out the fact that the Site that Shall Not be Named is fair game for a libel suit.
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-04-05 11:43 PM
Response to Reply #4
5. Who's suing whom?
And why?

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DeAngel Donating Member (39 posts) Send PM | Profile | Ignore Sat Jun-04-05 11:54 PM
Response to Reply #5
11. Hmm...
No clue, and probably about the Andy issue.
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funflower Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-04-05 11:50 PM
Response to Original message
6. Was that your, um, torts outline you accidentally posted?
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goodboy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-04-05 11:53 PM
Response to Reply #6
9. shit. I was trying to make a strawberry Torte...(nt)
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TreasonousBastard Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-04-05 11:55 PM
Response to Reply #9
13. I'll take your strawbery torte and..
offer you a chocolate bombe.

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goodboy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-04-05 11:57 PM
Response to Reply #13
15. I'll see your chocolate bombe, and raise you a creme brulee'
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funflower Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-05 12:17 AM
Response to Reply #15
16. I'll take them both!
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Lex Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-04-05 11:54 PM
Response to Reply #6
10. LOL!
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CoffeeCat Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-05 12:18 AM
Response to Original message
17. I'm no lawyer, but...
I remember plenty about libel from one law class I took in college.

I remember the four elements of libel:

-Publication (Was the person's name published--written, broadcast-- somewhere?)
-Identification (Was the person clearly identified?)
-Defamation (Was the person defamed?)
-Falsity (Are the statements untrue?)

Public figures must prove "Fault", which requires them to demonstrate that the person who libeled knew that the statement was false, but published, identified and defamed anyway.

I don't think Fault applies here.

I strongly feel that libel and slander have taken place. Big time.

...but I'm no lawyer. I did get an A- in the class. That probably doesn't count though. :)
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goodboy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-05 10:46 AM
Response to Reply #17
18. Hey T.S. That helps a lot. Thank you!
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Toots Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-05 10:54 AM
Response to Original message
19. I would say by any definition Kerry has a legal suit if he were to choose.
Swift Boat LIARS only have hearsay Kerry has the records of the US Navy. The ONLY reason they came forwards was to damage Kerry's Reputation and they did so with falsehoods. If he does not sue them he will lose much of my respect.
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Coexist Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-05 10:58 AM
Response to Original message
20. good information for someone who might see himself as the victim
in a certain scenario. Is it still off-limits to discuss this?
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goodboy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-05 11:28 AM
Response to Reply #20
21. It has nothing to do with "see you" anymore.
This is about those degenerate pricks running the site defaming andy, and those who tried to help him.
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