ipl-logo

Defamation Case

724 Words3 Pages

Essay Question Katie is Tom’s girlfriend and Mike, the friend of Tom told Tom himself that he spent the night with Kathy. Tom becomes angry, he calls Kathy and then threatens her to beat her up when he sees her. Instead of beating her up, Tom writes the phrase “Kathy is a big loser” on her forehead using a permanent marker when he returns home. Kathy never realized that until a person told her while they go out for a jog. Soon later, Kathy filed a lawsuit against Tom for assault and defamation. Based on overall statements, Kathy definitely has the rights to file a lawsuit against Tom since Tom obviously acts based on the intentional torts. When the person that acts wrongly, actually intends to perform the action, it becomes what is known as …show more content…

The term “defamation” is a term that covers any statement that hurts someone’s reputation. If the statement is made in writing and published, the defamation is known as “libel”, whereas if the statement is spoken, the statement is “slander”. Slander happens when Tom calls Kathy and scold her about having spent the night with his friend and also gives out the threatening words which he wants to beat her up when he sees her. Defamation is considered to be a civil case. Someone wins the defamation lawsuit if he or she would be able to provide all of these elements: someone made a factual defamatory statement, the statement was a false statement, and the statement must be communicated as well as the victim must be able to show the evidence of the injury. Defamatory statement must be a factual statement that is likely to harm another person’s reputation. In Kathy’s case, the statement “Kathy is a big loser” is a defamatory statement. However, the case did not prevail, whether the statement is true of otherwise. Yes, it indeed hurts Kathy’s reputation, but we could not prove whether Kathy is really a big loser or Not. For this, Kathy herself must tell her side of story since Tom only hears that story from Mike. Next, the statement must be false. Here say, we did not know whether the statement is true of not since the case did not reveal the truth behind it on whether Kathy really spends the

Show More
Related

  • Civil Action J Shlichtman Case

    335 Words  | 2 Pages

    In the movie, A Civil Action, personal injury lawyer, Jan Schlichtman and his law firm, file a law suit against Beatrice Foods and W.R. Grace & Company. The prosecution’s case is based on the premise that these two leather companies contaminated the water supply, in Woburn, Massachusetts. The motion brought before the court requested that the eight plaintiffs be compensated for “negligence, conscious pain and suffering, and wrongful death. ”1 Schlichtman presented medical evidence that illustrated an unusually high incidence of cancer in the small town of Woburn.

    Read More

  • Case Of Hustler Magazine Inc. V Falwell

    1239 Words  | 5 Pages

    He also supported this tort as using some justice opinions. Responding to the public figure argument, Grutman noted that being a public figure should not take away someone’s rights as a human being. If libel could not protect public figures from verbal assault, then the Court should support the tort of intentional infliction of emotional distress to protect

    Read More

  • Summary Of The Most Dangerous Game Vs General Zaroff

    454 Words  | 2 Pages

    My clients, the townspeople, are innocent and the plaintiff, Adela Strangeworth, is being counter sued for emotional distress and slander. Ladies and gentleman of the jury, Adela Strangeworth manipulated the townspeople into losing relationships, ruining other's reputations , and so much more. Miss. Strangeworth is obsessed with the apparent evil that lurks in us all, and will manipulate everyone she can in order to make us what she sees as perfect, even if you haven't done anything wrong. For example, Linda Stewart and Dave Harris were both deeply affected by Miss.

    Read More

  • Defendant: Case Study

    373 Words  | 2 Pages

    IN THE HEALTH CARE ALTERNATIVE RESOLUTION OFFICE OF FLORIDA NORTHCHASE NORTH PARCEL 45 COMMUNITY ASSOCIATION, INC., a Florida not-for-profit corporation, Claimant, -vs- LINDSEY RICHMOND, SPTC 480 Central Region Road Suit B-3 Fort Myers, FL 32666 Defendant Healthcare Provider __________________________________ FACTS 1. The claimant is a resident of the State of Florida and all services were given to her by the Defendant in the State of Florida. 2. The Defendant is a Licensed Clinical Professional Counselor that is licensed by the State of Florida and regularly continue engaging in the practice of psychotherapy. Defendant sustains her principle office at 480 Central Region Road, Suite B-3, Fort Myers, Florida 32666.

    Read More

  • Jesse Ken V Chris Kyle

    892 Words  | 4 Pages

    If the statements made by Kyle were indeed false then he could have gotten in trouble because he would not be following the best practices for an autobiographical novel. Had his book been a fictional novel, he would have been within reason for the fabricated account. Kyle could not have really built safeguards because he never revealed the name of the man detailed in the dispute. What got him in trouble for defamation was that during his book media tour he repeatedly name-dropped Ventura as the aggressor in their altercation.

    Read More

  • Is Watt Justified In Dismissing Anna's Dismissal Summary

    789 Words  | 4 Pages

    But even though Ann's statement is protected by the First Amendment she must avoid language that creates a negative impact on proper decorum. Does Ann's statement establish a basis for dismissal? Why or why not? Ann's statement establishes a basis for dismissal because it created a negative impact on proper decorum, especially after it was leaked to the other colleagues causing a negative reaction among the staff. Teachers do not lose their constitutional rights when entering their profession, nevertheless, they should avoid personal attacks and slanderous statements when exercising their freedom of

    Read More

  • Chaplinsky V. New Hampshire In 1942: A Case Study

    344 Words  | 2 Pages

    As Holmes had stated there are other forms that are not protected which are known as lewd, obscene, profane, libelous, and insulting words. The case Chaplinsky v New Hampshire in 1942 determined that fighting words and other forms of speech are not protected by the First Amendment. Chaplinsky had argued that the New Hampshire law violated his Fourteenth Amendment which prohibits states from infringing on citizens’ fundamental freedoms and as a result, kept him from exercising his First Amendment rights of free speech. While states are not allowed to inhibit expression of ideas, the Court did not convict him for the expression of his ideas but because his words (calling religion a ‘racket’ and a city marshal ‘damned racketeer’ and ‘damned fascist’)

    Read More

  • Rhetorical Analysis Of Students Fight Assault On History By Leonard Pitts

    1141 Words  | 5 Pages

    For example, Pitts refers to the school board’s decision as an act of “intellectual vandalism.” Obviously, the word “vandalism” has an extremely negative connotation, and Pitts’ decision to describe the ruling this way causes the audience to view it as a true crime against students. Undoubtedly, much of Pitts’ audience is composed of parents, so the use of the word “vandalism” also garners many feelings of anger, as the majority of parents would be truly outraged if an act of vandalism such as this were committed against their own child. Even the title of the article describes the ruling as an “assault” on all students’ basic right to learn their nation’s history. Additionally, Pitts calls the ruling “stagnant, barren and antithetical to progress.”

    Read More

  • How Did Tom Robinson Deserve The Trial

    1069 Words  | 5 Pages

    When telling his story, Tom was able to paint an accurate picture of what had happened by giving a testimony that showed the honesty of the accused and the falsehood of the testimony of the defendant and her

    Read More

  • Analytical Essay: A Rhetorical Analysis Of Bill Clinton

    768 Words  | 4 Pages

    Along with being the President of the United States, Bill Clinton also holds the title of a liar. After months of going behind the back of wife Hillary Rodham Clinton, the media, as well as the courts, accuse him of having a sexual relations with White House intern Monica Lewinsky. In an attempt to salvage his reputation, along with his family’s reputation, he lies and denies all accusations during a court trial in which he testifies against Paula Jones’s sexual misconduct accusations, as well. After many reports of sexual harassment, Bill Clinton’s word can be seen as unreliable. Proven in Clinton’s speech, it becomes apparent that he is unreliable when he takes back his denial of the situation and formally apologizes to his family and the people of America for his intolerable actions.

    Read More

  • Abel Fields Essay

    520 Words  | 3 Pages

    The first being, the New York Times Co. v. Sullivan. In 1964, the New York Times printed an article about a public official’s police department. This article was riddled with false statements. It was brought to the Supreme Court many years ago. Our ruling then was that people can say false statements if they don’t intend malice, or ill will.

    Read More

  • Pros And Cons Of Hate Crimes

    323 Words  | 2 Pages

    According to the congress, a hate crime is a “criminal offense against a person or property motivated in whole or in part by an offender's bias against a race, religion, disability, ethnic origin or sexual orientation.” (2015, January 07). Hate Crime—Overview. FBI. Retrieved from http://www.fbi.gov

    Read More

  • Case Study: Mccann V. The Ottawa Sun

    1052 Words  | 5 Pages

    In this case, McCann, the plaintiff, argued the defamatory words written in the article affected him as the representative of the City of Pembroke. However, the general rule states comments attacking substantially larger groups cannot sue for defamation unless the publication singles a particular member of the group. Since the article does not state any specific identifiers nor includes an innuendo about the mayor, his allegation failed to complete the second part of the test. As the court stated, “an action for defamation is uniquely personal, and is based on injury to one’s personal reputation.” Therefore, his claim for defamatory words towards his persona is unverifiable and not actionable.

    Read More

  • How Could Cartwright Successfully Judge Barnes For Slander

    601 Words  | 3 Pages

    Where is the harm in this case? Although the judicial assistant was wrong to be discussing the case with his friend especially in a public place. 2. Could Cartwright successfully sue Judge Barnes for libel? If Judge Barnes made the comments in the elevator to Mack Jones, her assistant that Cartwright lied about not shoplifting, and Cartwright can prove he did not steal, then yes.

    Read More

  • Intentional Tort: Court Case Study

    556 Words  | 3 Pages

    In his complaint, which tort theory is Julian’s attorney most likely to allege and what will he have to prove for Julian to be successful? 
Julian’s attorney is most likely to allege that mike reacted in a negligent matter in his complaint. As people it is our duty to act reasonably. A reasonable person would not have picked up Julian after witnessing him take a kick to the head. A reasonable person should not move a person who has received a kick to the head.

    Read More

More about Defamation Case

Open Document