Slander vs Libel

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 intentionally aims to cause harm one’s reputation or image.  For the slander to be considered directed at your party, it must directly or indirectly identify your entity in the statement.  To show that your character has indeed experienced defamation you will have to prove these two things.  An attorney specializing in slander can help you with a consultation to assure you of these things.  There are resources you can turn to to consult with an attorney, whether in person, on the phone, or online.  Your attorney will inform you whether or not the statement in question is defamatory, and whether or not you have a case to fight against it.

So how can you tell if you have been slandered against?  How can you be sure what type of defamation of character you have experienced? Here are a few concrete characteristics of slander:

1.  Slander vs. Libel

Defamation is differentiated between slander (oral) and libel (written).  It is also often called calumny or vilification.  Knowing the difference is key, as slander and libel and the appropriate actions to take are different.

2.  Slander per se vs. Slander per quo

Slander per se is considered direct defamation of character.  That is, slander per se is obvious and intentional, directed at your party, and immediately damaging.  For example, calling a doctor an “abortionist” or a politician a “nazi” is slander per se.  Slander per quo, on the other hand, depends upon the situation to be considered defamation.  It is an indirect defamation of your character that may or may not be realized at first.  Specialized attorneys will help you determine what type of slander you are victim to.

3.  General damages vs. Special damages

General damages refer to emotional damages or defamation to your reputation.  Special damages refer to direct economic loss.  Proof of special damages may be required to win the lawsuit and therefore be awarded any damages.

Against Company

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 follow through with a civil lawsuit for compensation?  Here are some steps and tips you can follow to better understand what is and is not considered defamatory:

1.  Find and consult with a lawyer.

This may be the most important step as there are lawyers who specialize in defamatory cases of slander and libel.  A specialized lawyer can assist you in determining the correct type of defamation of character your company is experiencing.  You may look into searching for free lawyer consultations on the internet or schedule a consulting appointment with a local lawyer to first determine whether you have a case or not.

2.  Meet with the lawyer to discuss your options.

When you meet with your lawyer, make sure to determine whether the defamatory statement is defamation per se or defamation per quo.  The distinction between the two is important, as they both entail different accusations and appropriate follow up actions.  Defamation per se is a direct, seemingly intentional defamation of character of a party directed at a third party.  Defamation per quo, on the other hand, is an indirect defamation of character that depends on circumstances to be defamatory, and otherwise would not be considered slander or libel.  The statement is usually, but not always, false — and must identify your company as the target to be considered defamation of character.

3.  If desired, take legal action.

Suing a party for defamation of character can help compensate for damages to your company.  Discuss with your lawyer whether you have a civil or criminal case of defamation, and whether to sue for general, special, or exemplary damages.  General damages are damages to reputation, emotion, feelings, or image.  Special damages include financial, property, and occupational damages.  Exemplary damages, then, are damages to be reimbursed determined by the court for the sole purpose of making an example out of the accused party.

tips

- Suing for defamation of character may be costly and time consuming, decide whether or not it is worth it to sue before you take action
- Accusing a party of defamation of character may cause more retaliation.  Ensure that the other party is a reputable and trustworthy party.

Lawsuit

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 actual physical harm.  If a party can be proved of causing intentional harm to your emotional well being, they may be guilty of legal malice.  All of these instances of malice are susceptible to a civil lawsuit.  The option of filing a civil lawsuit can provide monetary relief. In a civil lawsuit, the victim can sue for wrongful death, property damages, and other losses caused by malice.  So what can you do if you feel victim to malice?

Below are a few steps and tips for filing a lawsuit:

1.  Determine whether or not you have been a victim of malice to the best of your ability.

Doing your research before contacting an attorney can save you a lot of time, money, and stress.  Make sure that you have a case for a lawsuit to the best of your ability.  Did the other party clearly show intention to hurt you?  Were you hurt and now convinced that the other party had malicious intent?  Knowing these things may help you understand where you stand.

2.  Find an attorney that specializes in civil lawsuits.

Use the internet or other means to find an attorney that specializes in civil lawsuits of legal malice.  When consulting with your attorney, do your best to describe your case and situation so that the appropriate action can be taken.  Use this time to determine whether it is worth filing a lawsuit to reimburse possible damages.

3.  File a lawsuit.

Your attorney will help you file a civil lawsuit against the accused party.

4.  Present your case and all relevant evidence and information.

Your goal in this lawsuit is to prove the intention to hurt, not the actual hurt inflicted.  If the judge believes your case, you may be entitled to monetary compensation for damages.

Tips

- Know that intention alone may be enough to win the malice lawsuit.  You may not have to prove actual damages to the judge to prove malice.
- Trespassing and false imprisonment are possible avenues for a malice lawsuit as well.  They may also be considered criminal offenses

Harassment

One can experience harassment of all sorts on a daily basis.  For example, your boss can knowingly and excessively yell at you for something you did not do.  You also may experience sexual harassment by a co-worker.  How much harassment one can take depends on the person, but there are clear steps you can take to file a lawsuit against an excessive amount of harassment.  Every single day, harassment lawsuits are brought before civil court by victims in hopes of receiving some sort of compensation, either emotional or monetary.

Legal harassment is defined as offensive behavior that is threatening or disturbing to another party typically occurring by means of oral statements, physical contact, or favoritism.  At times it may be considered a misdemeanor or even a felony, depending on the criminal record of the accused.  Common examples include sexual harassment, bullying, religious harassment, hazing, and stalking.  Recently, police harassment has been front and center.  When used legally, harassment should be noticeably intentional and tangible.  As harassment may be unintentional and situational (in a totalitarian government, politically challenging comments may be seen as threatening), it is important to know when you can and should file a lawsuit against harassment.  Harassment is by all means, completely situational- one party may see it one way while the other may disagree completely.  In a civil lawsuit, one party must prove to the judge that they have been legally harassed- though the other party will unquestionably deny it.

So how can one file a determine they have been legally harassed and file a lawsuit for compensation?  Here are some steps you can follow to do so:

1.  First determine whether or not you should continue with legal action.

As all times of harassment happen almost on a daily basis, you must determine the severity and frequency of the harassment.  While a lawyer can help you do this, doing research on your own may save you time, money, and unnecessary stress.  If you should decide that you want to file a lawsuit for harassment, continue with the next step.

2.  Find an appropriate lawyer that specializes in harassment.

There are many specialized lawyers that will help you build your case.  Use several sources, including the internet and a phone book to find the right lawyer for you.  Some websites may even offer free consultation from real lawyers to help you with your lawsuit.  When you have found the right lawyer, meet to discuss your case.  Harassment, again, is one of the most subjective civil crimes out there.

3.  File your harassment lawsuit.

Your lawyer will help you file a civil lawsuit against your harasser.  Ensure to bring all pertinent evidence to the table.

4.  Settle in or out of court.

Settling out of court will save you time and money, but you may have to bring your lawsuit to court.  Consult with your lawyer about proper courtroom etiquette and review your case before presenting it to the judge.