There are two types of false accusations, libel and slander, which can be prosecuted in court through a lawsuit. Libel occurs when the false accusation is written down, and might occur in a magazine, a newspaper or on the Internet.
Slander occurs when the false accusation is orally published, and might occur in a speech, casual conversation between two parties or over the radio. False accusations are considered to be a defamation of character when a person publishes false statements that damage the reputation, integrity and character of a person. The target of the false accusations can go to court and collect damages.
These slander and libel cases are called defamation cases. To take a defamation case to court, the person who has been falsely accused must be able to prove, usually with the help of the person's lawyer, that the defendant made the defamatory statement and should have known that it was false. It must also be proven that the defamatory statement has caused harm to the individual, such as through the loss of profits. The statement must also clearly identify its target and cannot be vague, according to the New York City Bar organization.
There is a public figure exception that happens in defamation law. Celebrities and other public figures must have not only incurred false published statements, but also must be able to prove that those statements were intended to be malicious.Learn More
The amount that a person can sue for depends on the circumstances of the lawsuit. If suing in small claims court, the local jurisdiction has set laws regarding the amount one can sue for. Limits in district or state courts are much higher, says World Law Direct.Full Answer >
Voluntary dismissal is the termination of a lawsuit due to a withdrawal from the case by the plaintiff, the person who initially filed the case. Voluntary dismissal occurs before the court where the plaintiff must formally withdraw the case he brought forth.Full Answer >
According to LegalZoom, 10 frivolous and outrageous lawsuits include a 1992 suit against McDonald's for burns from hot coffee; a 1988 suit against Para-Chem when a flammable container of carpet adhesive was ignited by a hot water heater; and a 1992 suit against Honda for the death of a woman who could not disengage her seat belt under water. Another frivolous lawsuit included the 2003 suit against Kraft Foods.Full Answer >
According to Dave Roos for HowStuffWorks, class action lawsuits are a type of lawsuit in which a large group of individuals claim to have suffered from similar damages or injuries from a single organization or company. A case is made stronger if more than one person claims to have been wronged by the same organization or company.Full Answer >