Monthly Archives: October 2009
How to file a defamation lawsuit for calumny
Calumny is a false statement that is aimed to hurt a person’s image or reputation. It is also known as slander, libel, or commonly “defamation of character.” Calumny can refer to the oral or written representation of false charges and statements used maliciously by one party to harm another party’s reputation. Whether it be a statement about your character, affiliation, or morals, calumny can turn out to be disastrous. Some will immediately consider suing, as your character and financial reputation may be directly or indirectly hurt from calumny. Calumny is considered a defamation of character, and therefore can be used as a cause of action in a civil lawsuit. A defamation lawsuit is a tort that aims to receive compensation for damages directly or indirectly caused by calumny. For example, if one company intentionally spread lies about a competing company, calumny is said to have occurred. The victim company can then contact a civil lawyer to file a claim for a defamation lawsuit in order to possibly receive general (emotional damage or damage to reputation) or special (economical and financial damages) damages. If you think you are a victim of calumny, you may be entitled to compensation for the damages. … Continue reading
Difference Between Libel & Slander
Although you may be accustomed to mixing up slander and libel because they are so similar, there is a correct way to use the terms. Basically both of these terms, slander and libel, are used when referring to any such person, object, or business to give him/her harmful side effects. Most of the time when slander or libel is used towards someone it is false. Slander is different from libel in that it refers to words that are spoken. Libel is different from slander in that it refers to words that are written. A common term that brings slander and libel together would be defamation. When the word defamation is used it is just generally referring to any such form of slander or libel. Slander was more so the originator that relates to defamation because it was a frequent occurrence used and easily spread through the power of speech. Libel has become an equal originator because it is also a detrimental way to affect a person, business, or product. Slander would be easier to get away with because it is difficult to prove something that was only “heard” through word of mouth. Libel is easier to prove guilty as it … Continue reading
What is the Anti-Defamation League and how does it combat antisemitism?
The Anti-Defamation League, otherwise known as the ADL is an organization founded in 1913 that professes “to stop the defamation of the Jewish people and to secure justice and fair treatment to all.” Although they fight against all types of discrimination, the Anti-Defamation League primarily fights for the antisemitism cause. They profess to do this through “information, education, legislation, and advocacy.” Antisemitism is defined as prejudice towards Jews. People who are antisemitic display hatred for the Jewish ethnic background, culture, and religion. Antisemitism has been a problem throughout all the world and throughout all history, ranging from their expulsion from England and Spain to the notorious Holocaust. It continues to be a problem in the United States, demonstrated by a 2009 Boston Review study that found 25% of non-Jewish Americans blamed the Jews for our recent recession. The Anti-Defamation League had their own survey that concluded that 14% of U.S. residents had antisemitic views, with higher percentages held by the minority groups of Hispanics and African-Americans. Their studies are only a part of the effort to stop antisemitism. To combat antisemitism, the Anti-Defamation League incorporates many different avenues. Below are some of the ways they fight antisemitism around the world. … Continue reading
The 5 groups that experience the most discrimination in the workplace
Equal opportunity in the workplace is loosely defined as the ability to offer all types of people a fair chance for employment in the workforce. Fairness in the the employment process has always been an issue around the world, and it continues to remain as one of the most consistent problems present in the United States. Ethnic, gender, and lifestyle differences are cited as the most influential factors in workplace discrimination. Equal opportunity is still nothing but a hopeful theory to the optimists the belief it is possible. Equal opportunity employers, however, break the trend. Equal opportunity employment was created by president Lyndon B. Johnson in 1965 to prevent discrimination by contractors based on race, sex, religion, or sexual orientation. Unfortunately, workplace discrimination continues to be present. Certain groups are especially discriminated against, especially with regard to workplace employment. Unfortunately, discrimination does not end in the workplace. Those victim to discrimination experience it daily in their personal lives from their peers, neighbors, and loved ones as well. All is not equal in equal opportunity, however. Some groups are more likely to experience discrimination in the workplace. Listed below are 5 groups that are currently experience a significant amount of discrimination … Continue reading
How to avoid bigotry and racial profiling in the workplace
Bigotry is defined as the mindset of a person who is stubbornly devoted to his or her own opinions and prejudices, regardless of whether or not they are true. If you are a recruiter for your company, you may experience bigotry within yourself, even if it is involuntary and unconscious. Bigotry relates heavily to both racial profiling and discrimination, as they all involve the unfair treatment of another party due to uncontrollable circumstances. Racial profiling is defined as the use of racial or ethnic characteristics in predicting the behavior of a person. For example, a stereotype that you hold of Hispanics may cause you, as a recruiter, to avoid hiring a Hispanic applicant. Most people would agree that racial profiling and bigotry, along with workplace discrimination, have no place in the modern workplace. Sadly, the modern workplace still experiences an innumerable amount of bigotry and racial profiling, especially in the form of workplace discrimination. Thirty percent of blacks and Hispanics claim to experience racial profiling and bigotry in the workplace, while homosexuals, women, and certain religious groups also fall victim to workplace discrimination. Muslims around the nation are being discriminated against; some are even fired for praying during the workday. … Continue reading
Types of defamation or slander
Slander against a person or organization can cause permanent damage to their reputation or financial status. How can you recognize what is and what is not slander? This article will explain some of the different types of slander. First off, slander is the oral or transitory form of defamation of character. Defamation of character is a claim made against a party that is usually false but implied to be true that negatively affects their image. It is considered a tort, or civil law, and therefore can be used as a reason for a civil lawsuit. Suing the slanderous party is a common step used to reinstate reputation or collect compensation. In reality, it is sometimes tough to pinpoint whether or not a party has committed the tort of slander, as numerous parameters need to be met in order for the statement to be considered slanderous. Also, since slander is an oral statement, it may be a challenge to prove, let alone prove that it has caused defamation to your party. For a statement to be considered slander, it must be malicious and clearly directed at your party. Knowing these parameters is important. Malicious intent in slander is when one party … Continue reading
How to determine whether a statement against your company is defamatory
Defamatory statements can be damaging to your company. Defamation of character is defined as “the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.” Any defamatory statement can cause damage to your company’s reputation or financial assets, whether slander or libel. An oral statement, published, that is defamatory to a specific party is considered slander; libel on the other hand, is a published written statement that is defamatory. Slander and libel both fall under tort law, or civil law. A civil lawsuit may be brought against the accused party, usually leading to a suing of said party by the accused. The civil lawsuit, whether slander or libel, falls under the category of “defamation of character.” The victim, in this case your company, can sue the defamatory entity for damages. These damages are considered either general damages, special damages, or exemplary damages. The difference between these two damages will be explained later on in this article. So how can you determine whether or not your company has been victim to a defamation of character? How can you be sure enough to … Continue reading
Steps and tips for suing for libel
If somebody writes a statement about you or your company that you consider to be slanderous, you may want to consider suing for libel. Libel is when a writer knowingly writes or prints a statement that is damaging to another party. It is different from slander, as slander is an oral defamation of character. Libel is considered a moral crime against you and may warrant action to repair your reputation. As technology continues to grow and develop, the impact of slanderous libel grows increasingly pertinent. The large number of peripherals and media can make it tough to maintain a solid reputation — libel can unfairly set you or your company back a few steps. Whether it be a statement about your character, affiliation, or morals, libel can turn out to be disastrous. Some will immediately consider suing, as your character and financial reputation may be directly or indirectly hurt from libel. Libel that directly affects you is called libel per se. In libel per se the libel is obvious and pronounced. It is more serious to commit libel per se as the direct effect on your party is much more tangible. The other libel that affect you indirectly is called … Continue reading
How to use defamation law to retaliate against libel or slander
Defamation law is the law of “defamation of character.” That is, defamation law encompasses libel and slander as a cause of action. Parties may use defamation law to their advantage, retaliating to defamatory statements against your person or company that may have caused damage to your reputation, financial status, or emotions. Libel and slander are two different entities under defamation law. Slander, on one hand, is the spoken or oral defamation of character directed at identified party with malicious (or intended to harm) content. Libel then, is the written form of the same civil crime of defamation of character. Both libel and slander must be “published,” or seen by a third party to be considered defamation of character. Defamation law usually requires that these statements be false, although it is not always necessary. Whether it be a statement about your character, affiliation, or morals, libel or slander can turn out to be disastrous. Some will immediately consider using defamation law to sue the defamatory party. Libel and slander that directly affects you is called per se defamation of character. In per se defamation of character the defamation is obvious and pronounced. It is more serious to commit per se as … Continue reading
How to bring a lawsuit against malice
Malice, to most people, is a nasty feeling of wanting to hurt another person. What many people do not know is that if malicious action is taken against one party, the other party has the civil right to bring a lawsuit. This is called legal malice, or one party’s intent to cause harm to another party. What is important to note here is that malice is the intention of causing harm. Criminal offenses of causing actual harm to another party is separate from legal malice. It is important, also, to determine whether the malice is expressed or implied. In expressed malice, one party gives an outward indication of the intention to cause harm to another party. This may include an oral statement or printed statement. Implied bthen, is the implied intention of harm in a killing or harming of another party. For example, if there is a car accident between two parties with a negative relationship that kills a person, detectives may assume implied malicious intent. Assault, battery, and emotional distress may all possess intentions of malice. In assault, there is malice in the intention of physically hurting another party. In battery, implied malice may exist in the form of … Continue reading