Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

defamation

Read a random definition: magister

A quick definition of defamation:

Defamation is when someone says or writes something that hurts another person's reputation. It can be spoken (called slander) or written (called libel). To prove defamation, the person who was hurt must show that the statement was false, that other people heard or read it, that the person who said or wrote it was careless or meant to hurt them, and that they suffered harm because of it. Different states have different laws about defamation, and some statements are considered defamatory no matter what. There are also defenses to defamation, like telling the truth or having a special reason to say something that might otherwise be defamatory.

A more thorough explanation:

Defamation is when someone says or writes something that hurts another person's reputation. It can be either spoken (slander) or written (libel). Each state has its own laws about defamation, and the rules for what counts as defamation and how much someone can be compensated for it can vary.

To prove that someone has defamed them, a person must show four things:

  1. A false statement that is presented as fact
  2. The statement was communicated to someone else
  3. The person who made the statement was at least negligent (meaning they should have known it was false)
  4. The statement caused harm to the person's reputation

For example, if someone writes on social media that a person is a thief, and that statement is not true, it could be considered defamation. If someone tells a group of people that a business owner is dishonest, and that statement is not true, it could also be considered defamation.

Each state has its own laws about what counts as defamation and how much someone can be compensated for it. For example, in New York, a court will look at whether a statement could be considered defamatory. However, many courts will still allow a case to go forward even if the statement is not clearly defamatory, as long as the person who made the statement should have known it was false.

Most states assume that someone who defames another person did it on purpose. However, in some states, the person who was defamed must prove that the person who made the statement was at least negligent (meaning they should have known it was false).

If the person who was defamed is a public official, they must prove that the person who made the statement did it with "actual malice" (meaning they knew it was false or didn't care if it was true or not). This is a higher standard than for other people who were defamed.

There are some defenses to defamation. For example, if the statement is true, it is not considered defamation. If the statement was made during a court proceeding, it is also not considered defamation. However, if the person who made the statement did it with actual malice, they may not be protected by these defenses.

defalcation | default

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
12:53
holy shit @scorediot i thought you meant there was an app with a question about taiwan
1a2b3c4d26z
12:53
@JumpySubsequentDolphin: I applied last week (I think...) and didn't have a date today. I'm UR
JumpySubsequentDolphin
12:53
i cant remember whether i had a date this is misery inducing
@SirEggan: he was baiting you. it’s a mean spirited question
the whole definition debate is so wild its the same as labels like. as long as its not hurting anyone let ppl do what they want
12:54
end trans privelage
12:54
obviously sarcsm btw
i was furiously typing a response btw
HopefullyInLawSchool
12:55
Ok another hot topic, Global Warming is it real? I think it is and a very important issue
JumpySubsequentDolphin
12:55
aint no way we're debating global warming here
HopefullyInLawSchool
12:55
did yall like my pun?
the ocean is boiling as we speak
yes it is
soapy
12:56
Uhhhm, acktually, i was cold yesterday. take that, silly scientists!!
12:56
@KnowledgeableRitzyWasp: ah ok lol i see. i figured but also i like to give my answer anyway because they're not going to like it whether i say a definition or i don't. might as well share anyway. if i don't share then it seems like i'm not proud and strong in my beliefs
HopefullyInLawSchool
12:56
Hot Topic, Global Warming
12:56
global warming is fake, it was a hoax started by big justice to trick aj and mother of big justice to bring him to costco for more chicken bake
JumpySubsequentDolphin
12:56
i had to wear a jacket yesterday... where is this global warming that the liberals speak of. i would certainly like some
HopefullyInLawSchool
12:56
no one?
HopefullyInLawSchool
12:56
):
@SirEggan: fair enough
i cannot believe big justice aj and the rizzler were on jimmy fallon
u can see he hated them so bad
costco guys is child abuse
HopefullyInLawSchool
12:57
Any Ave Maria waves (Day three of asking)
that child can barely breathe
13:01
lol look at what that does to north atlantic current too
13:02
We are not "not close" to the extinction of all marine life
LSD+ is ad-free, with DMs, discounts, case briefs & more.