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De Mortuis Nil Nisi Bonum: The Legal Perspective on Speaking of the Dead
Definition & Meaning
The phrase "de mortuis nil nisi bonum" is a Latin expression that translates to "speak no ill of the dead." It reflects a cultural norm that discourages negative remarks about deceased individuals. In legal terms, however, defamation claims concerning deceased persons are generally not actionable. This means that, while it may be socially inappropriate to criticize the dead, the law does not typically allow for legal action against someone for defaming a deceased person.
Table of content
Legal Use & context
This term is often encountered in discussions about defamation law. In legal practice, it highlights the distinction between social etiquette and legal principles. Defamation claims usually require the plaintiff to be living, as the law does not recognize the rights of deceased individuals in this context. Legal representatives or heirs may approach the court on behalf of the deceased, but such cases are rare and often complicated. Users can utilize legal templates from US Legal Forms to draft necessary documents if they find themselves involved in related legal matters.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(Hypothetical example) A person writes a negative article about a famous author who has passed away. While this may upset the author's family and friends, they cannot sue for defamation since the author is deceased.
(Hypothetical example) A family member of a deceased individual claims that a public figure made defamatory statements about their loved one. The family member may approach the court, but the case is unlikely to succeed due to the legal principle that defamation claims cannot be made on behalf of the deceased.
State-by-state differences
Examples of state differences (not exhaustive):
State
Legal Standing on Defamation of the Deceased
California
Generally does not allow defamation claims for deceased individuals.
New York
Similar to California, defamation claims are not recognized for the deceased.
Texas
Follows the same principle; claims must be made by living individuals.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Defamation
A false statement that injures a person's reputation, applicable only to living individuals.
Slander
A form of defamation that is spoken, not written, and also applies only to living persons.
Libel
A written form of defamation, again applicable only to the living.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where this term is relevant, consider the following steps:
Reflect on the nature of the comments made about the deceased and whether they could be considered defamatory.
If you are a legal representative or heir and believe there is a strong case, consult a legal professional for advice.
Explore US Legal Forms for templates that can assist you in preparing necessary documents if you decide to pursue a claim.
Be aware that pursuing legal action may be complex and often requires professional legal assistance.
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