Criteria for slander suit

[sebastianx1]

What is the name of your state? CT

What is the criteria for a slander suit?

Libel?

Malicious defamation?

Thank you

 

[cbg]

The plaintiff has the burden of proof. It is up to him to show that:

1.) A FALSE statement was made. The plaintiff has the burden of proving that the statement was deliberately and knowingly false: not a misunderstanding, not a difference of opinion, not jumping to conclusions on the basis of an inaccurate understanding of what happened, but that the defendent knew that the statement was false at the time it was made.

2.) The statement was broadcast or published to an audience.

3.) As a direct result of this statement, the plaintiff suffered damages as the law sees damages. Hurt feelings are not damages. Embarrassment (in most cases) is not damages. Losing your job IS damages.

Now, if you'd care to provide some facts of your situation, we can put this into context for you.

 

[sebastianx1]

Thanks

thanks. very very helpful

can't prove that this person knowingly made false statements.

that's a high burden of proof, so 2 and 3 are moot although can probably satisfy those.

more later

 

[badapple40]

Actually, cbg isn't exactly correct about the knowledge standard.

It is actual knowledge or reckless indifference to the truth (in other words, that the person, under the circumstances, had information leading them to believe it was false).

And thats only if it is:
1) A newspaper/media Defendant
2) About an issue of public concern
3) About a public figure

Otherwise, if its a private issue, then you typically get into negligence standards, but that varies from state to state.

To assess your claim, why don't you give us all the facts.

 

[meganproser]

So this should all be clear as mud for the OP by now, lol.

I favor the "lesson" found at: http://members.aol.com/alicebeard/law/samples/sample01.html

The lesson on that site is pretty comprehensive and although it is tailored to NC law, there is very little difference in the burden of proof required by other States.

 

[cbg]

Doing the best I can with absolutely no information to go by. And if you look at all the posts from people who are convinced they've been slandered because someone simply said something they disagreed with, you'll see why I placed the emphasis where I did.

 

[BelizeBreeze]

Now, if you'd care to provide some facts of your situation, we can put this into context for you.

Because there are no facts

 

[TexasTom]

libel by reckless indifference to the truth

Actually, cbg isn't exactly correct about the knowledge standard.

It is actual knowledge or reckless indifference to the truth (in other words, that the person, under the circumstances, had information leading them to believe it was false).

And thats only if it is:
1) A newspaper/media Defendant
2) About an issue of public concern
3) About a public figure

Otherwise, if its a private issue, then you typically get into negligence standards, but that varies from state to state.

To assess your claim, why don't you give us all the facts.

- - - -

State=Texas

Can someone/anyone please provide such an assessment of the facts, which I described in another posted message dated Dec. 17, 2004 within a parallel thread ? I honestly believe I am being libelled by a group of fellow alumni/ae and I know the allegations are false, and made out of malice so as to improve the credibility of one of the conspirators, and attempt to reduce my credibility.

Thanks,

TexasTom