Full question:
My husband, an American citizen, died on December 16, 2008 here in Switzerland. While he and his brother, a resident of California, had no contact anymore - due to a family dispute over the last will of their mother - my late husband's brother just recently found out about his brothers death. In January of this year I have been contacted by e-mail by him and his son. I ignored these contacts until April 19th. In this latest mail, my brother in law accuses my husband as thief, stealing family mementos and demanding me to turn them over to him. While he clearly never wanted to confront his living brother with this outrages defamation, he now steps forward to slander my husband's honorableness and reputation. It goes without saying that neither my husband, nor I ever had possession over the item in question. I can not just sit here in Switzerland and do nothing to protect my husband's legacy. Please advice me how to file an action for slander in Orange County, California. I also would be very grateful if you could recommend a trustworthy legal adviser who might be willing to assist me. Thanking you in advance for taking the time to answer my question.
- Category: Civil Actions
- Subcategory: Defamation
- Date:
- State: Nevada
Answer:
Statements outside of court falsely and knowingly accusing another of a crime may be considered slander per se ("slander on it's face"). Defamation is an act of communication that causes someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation. Such defamation is couched in 'defamatory language'.
It may be considered libel per se (on its face) when a false statement implies you committed a crime. Defamation is a difficult wrong to prove, as there are various factors that are to be taken into consideration. The court must evaluate the defendant’s investigation, or lack there of, concerning the accuracy of the statement. How thoroughly the investigation was handled will reflect upon the nature and interest of the person who communicated the statement. Generally, defamation damages will not be awarded if the defendant had an honest but yet mistaken belief in the truth of the statement. The amount of damages that can be awarded is a matter of subjective determination for the court, based on all the facts and circumstances in each case.
Defamation is an act of communication that causes someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation. Such defamation is couched in 'defamatory language'. Libel and slander are subcategories of defamation. Defamation is primarily covered under state law, but is subject to First Amendment guarantees of free speech. The scope of constitutional protection extends to statements of opinion on matters of public concern that do not contain or imply a provable factual assertion.
Defamation is an act of communication that causes someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation. Such defamation is couched in 'defamatory language'. Libel and slander are subcategories of defamation. in order to prove defamation, the plaintiff must prove:
1.; that a statement was made about the plaintiffs reputation, honesty or integrity that is not true;
2.; publication to a third party (i.e., another person hears or reads the statement); and
3.; the plaintiff suffers damages as a result of the statement.
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