Criminal Defense Questions

What does a person have to prove to win a slander or libel claim?

Defamation includes both slander and libel. Generally, slander occurs when the reputation or good name of someone is damaged as a result of false statements that are made orally. Libel, on the other hand, occurs when false statements regarding another are put in writing. Whether a particular statement, oral or written, constitutes defamation in the nature of slander or libel will depend upon the particular circumstances and the identity of the parties. To prevail in a defamation lawsuit, a plaintiff must prove that the defendant made a false and defamatory statement about the plaintiff that was communicated to a third party. Thus, a false and objectionable statement sent in an e-mail to the plaintiff’s co-worker may be libelous. The plaintiff

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What are the privacy rights under law of a US citizen?

The average member of the public is entitled to privacy protections, although the strength of those protections will vary depending upon the particular factual circumstances. Generally, there are four different actions that an injured plaintiff can allege to recover for an unlawful invasion of his privacy. The first concerns the unlawful appropriation of another’s image. The plaintiff could make this claim, for example, if the defendant, uses plaintiff’s picture in a commercial or advertisement without permission.

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What must a plaintiff prove to recover for an assault or battery?

The terms assault and battery are often erroneously used interchangeably. An assault can be defined as the threat to use unlawful force to inflict bodily injury upon another. The threat, which must be believed to be imminent, must cause reasonable apprehension in the plaintiff. Therefore, where the defendant has threatened some use of force, creating an apprehension in the plaintiff, an assault has occurred. The focus, for the purpose of determining whether a particular act is an assault, must be upon the reasonableness of the plaintiff’s reaction.

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Who is Responsible for Injuries Stemming from a Sexual Assault?

As the victim of a sexual assault, you may have civil claims against more than one party. It depends on the circumstances surrounding the assault. You may have a claim for compensation against the assailant, the assailant’s employer or another individual. The injured party (male or female) may have a personal injury claim for damages sustained as a result of suffering a sexual assault. To prove a personal injury claim, the victim must show he or she was sexually assaulted by the defendant (assailant) and was injured as a result (physically or emotionally injured). It must also be shown that the defendant caused the plaintiff’s injuries, either intentionally or due to negligence.

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Can Third Parties be Held Responsible for Injuries Stemming From a Drunk Driving Accident?

Generally, the drunk driver who caused the accident is responsible to the persons injured by the accident. However, in some cases, the injured party (or his or her family members) may file an action against a third party for damages arising from a drunk driving accident. A third party claim in such an accident may be against a variety of persons or even businesses. Those held liable for injuries stemming from the accident may be a police officer, employer, passenger, social host or a bar or restaurant. Situations where such third parties may be liable for a drunk drivers action may be if a police officer has knowledge that a driver is intoxicated and lets them continue to drive, if

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