Civil suits for defamation of character can be brought if a plaintiff can establish that a statement was made about him that was published, false, injurious and unprivileged, according to Nolo. Specific laws vary by state, but these four elements are generally accepted as necessary across the United States. Defamation is defined as a statement that hurts someone's reputation. A written harmful statement is libel, a spoken one is slander.Know More
According to Nolo, in a defamation suit, a statement consists of something stated about the plaintiff in speech, writing, pictures or gestures.
A published statement is something that was made available to a third party, such as through television or the Internet, or in gossip or loud conversation. Nolo states that the published statement must be false. Malicious comments that are not false do not count as defamation. Opinions also do not count as defamation, since they cannot be proven as false.
Nolo defines an injurious statement as one that causes demonstrable damage to the plaintiff. For example, a statement that causes the plaintiff to lose work or be shunned by neighbors, friends and family is considered injurious. An unprivileged statement is one that is not protected from defamation claims by law. For example, testimony in a court proceeding is considered privileged and cannot be used as a basis for a defamation suit, even if it is published, false and injurious.Learn more about Law
A motion to the courts should be formatted as a formal letter with the names of the plaintiff and defendant, the case file number and the case type, according to the Minnesota Judicial Branch. The motion should include information about what is being requested and reference supporting documents attached.Full Answer >
A civil settlement, also termed a civil settlement, occurs when the plaintiff in a civil case agrees to stop legal action and the right to pursue recourse in exchange for agreed upon terms. The terms in a civil settlement may include payment or an agreement to perform or cease actions.Full Answer >
An injunction hearing is held in court before a judge to determine if a plaintiff should be awarded an interim or permanent injunction against the defendant's activities, as stated by The Myler Law Firm. Injunctions may be used to stop the sale of certain products or to award a long-term restraining order against the defendant.Full Answer >
When someone files a suit against a person to get a judgement, it means that the person who filed the suit, the plaintiff, feels they are owed money by the defendant. The plaintiff files a lawsuit with the court, then the judge decides whether a judgement against the defendant is warranted, according to Illinois Legal Aid.Full Answer >