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 can be proven with the written statement or picture that was used to commit the crime. There are many solid items that could be used to prove libel such as: movies, words in writing, CD’s, tapes, blogs, pictures, DVDs, and many more. If you are being accused of any of these terms: libel, slander, or defamation, you are in definite violation of the common law. A grey area when accusing someone of libel would be any internet proof such as blogs.

Blogs are typically used by any common person to express their opinions and feelings about anything they want. They’re opinions could be potentially negative depending on what their view is on the business, product, or person is. They should not be held accountable because they should be free to express their opinions. You are not restricted to what you say twenty four hours a day as well, so why should any internet conversation be any different? When it comes to libel, it is easy to undo whatever has been done because if anything whatever has been exposed can be undone or hidden. Slander and libel bring about many cases which have people committing honest mistakes. Many people don’t mean to make false accusations or statements but do so, and end up being punished with the terms of a serious crime.

It is also important to make sure there is no miscommunication when it comes to slander and libel. Every little aspect could be defining when it comes to making a judgment between slander, libel, and defamation. The soundest advice would be to avoid slander or libel as a whole and mind your own business. As mothers have always taught us since we were young, “If you have nothing nice to say, don’t say anything at all.”

Bigotry

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.

The presence of racial profiling and bigotry during your hiring process may cause you direct harm, especially if those discriminated against file a lawsuit against you.  Here are some tips to follow to avoid discrimination in the hiring process:

1.  Review the federal and state discrimination laws before you hire a new applicant.

These laws can be found in the Equal Employment Opportunity Commission.  You may also check the Attorney General’s office of your state for more information pertaining to fair hiring processes.

2.  When choosing possible interviewers, pick a diverse group.

To avoid bigotry, racial profiling, or discrimination, pick a diverse group of interviewers.  Choose from a group consisting of different ages, religious backgrounds, races, and levels of experience to the best of your ability.  This will limit the amount of bigotry and racial profiling in your hiring process.

3.  Avoid requiring demographic information on your application.

Your company’s HR office can help you with this.  Remove items such a gender, age, and ethnic background from the required information on an application.  Doing so will further prevent any chance of racial profiling when choosing possible interviewees.

4.  Ensure that you state the reason for rejecting an applicant.

Applicants may feel discriminated against when they are rejected for a job.  Comfort them by letting them know the reason they did not make it.  Giving honest information such as this will at least reduce your chances of being hit with a discrimination lawsuit.

Bigotry and racial profiling are both problems that are tough to identify and stop.  As the recruiter at your company, it is in your job description to remain unbiased and fair.  Follow these tips to the best of your ability to avoid discrimination in the workplace.  After all, nobody wants to be labeled as a bigot and a racist.

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.

Negligence

One afternoon, after work, you check your mail to find a notice.  The notice reads that you have been accused of negligence due to an accident at your workplace, and that you must appear in civil court.  You begin to worry, as being served can caught significant stress on your life and on your wallet.  What can you do in your position?  Where can you find a defense attorney to deal with your problem?

First, you should get better acquainted with the charge that has been brought against you.  Negligence is a type of tort commonly associated with seeking compensation for injuries.  It is defined as a failure to use reasonable care.  It can also been defined as a failure to do what is expected of a reasonable person, or committing an act that a reasonable person would not do.  Negligence can be a cause of action for a civil lawsuit when it directly contributes to damage that could have reasonably been avoided if not for the negligence.  There are a lot of legal semantics associated with negligence, likely attributed to the enigmatic nature of its definition.  This is why it is important to find an appropriate defense attorney for negligence lawsuits.  Your defense attorney will help you with the distinguishing between negligence, slight negligence, and gross negligence, in addition to reviewing the evidence brought against you and consultation.

The key is to find a defense attorney that specializes in negligence, or at the very least, an attorney who specializes in defense of civil lawsuits.  The plaintiff will be trying to prove that your negligence, no matter what it was, was the direct cause of their injury.  He will have to prove all of the following 4 elements: Duty, Breach of Duty, Factual Causation, and Damages. Your defense attorney will help you build a case against this claim.  You must also find a defense attorney that works in the state where the offense occurred.

So how do you go about finding the right defense attorney to work your negligence case?  Listed below are a few introductory steps you can take, along with tips to follow to make your legal experience as painless as possible:

1.  First, find a civil law attorney that will give a free consultation.

Receiving consultation from a civil law attorney can help you better understand your situation.  Search the Internet for a free consultation with a real attorney.  If you find the perfect defense attorney, you can skip the step below!

2.  Search for a defense attorney from your state that fits your situation.

Use an Internet search engine or yellow pages to build a database of eligible defense attorneys.  If possible, find an attorney whose specialty is in negligence cases.

3.  Meet with the defense attorney you have chosen.

At the first meeting, discuss your side of the story with your attorney.  Be as detailed as possible!  He will work with you to build the strongest possible case against the accusation.  Be sure to gather as much evidence as you can.  If the plaintiff seems unable to prove one of the elements early on, you and your defense attorney can request a judicial resolution to prevent the lawsuit from reaching a jury.

Privacy

Invasion of privacy is a common cause of action cited for civil lawsuits.  The idea of an invasion of privacy is used by many citizens and civil law attorneys of the United States to receive compensation for damages.  This article was written to help you understand the four different categories of invasion of privacy and how they can relate to you, along with what an attorney would have to do to prove an invasion of privacy.

While most civil cases of invasion of privacy usually involve the protection of a public figure from exposure to media outlets, invasion of privacy may also be defined as the right to possess and control property and personal information against search, seizure, and exposure.  The growing expansion of media outlets has brought the issue of invasion of privacy to many attorneys around the United States.  Public figures and normal citizens alike have used the invasion of privacy cause of action to sue other parties, by means of a civil law attorney and the civil court.

The four categories of invasion of privacy are intrusion of solitude and seclusion, public disclosure of private facts, false light, and appropriation.

1. Intrusion of Solitude and Seclusion

Intrusion of Solitude refers to one person’s undesired exposure to publicity by another party.  For example, if an author writes about a specific person as a character in a novel, that person can sue the author for the undesired exposure to publicity.  An attorney would have to prove that there were damages incurred from the undesired exposure.

Intrusion of Seclusion then, is the act of purposely intruding the private space and/or seclusion of a person.  This can be done physically or electronically.  An attorney would aim to prove that the accused party had intruded upon the plaintiff’s private affairs.  If the attorney is able to prove intrusion, there is a clear cut case for invasion of privacy.

2. Public Disclosure of Private Facts

The public disclosure of private facts category pertains to a situation where one person reveals unnecessary offensive private information to the public.  This differs from defamation because it is mutually exclusive from the fact of whether or not the information presented is true.  These facts must be proved by the attorney to be considered unworthy of the news and not of a concern to the public.

3.  False Light

A category of invasion of privacy that relates closely to the tort of defamation. There are privacy laws set in the United States that protect a non-public person’s right to hide from the public information that puts them in a false light.  An attorney must prove that the defendant made a malicious publication about the plaintiff that puts the plaintiff in false light- and is highly offensive.

4.  Appropriation of name or likeness

The use of a person’s name or likeness for the personal benefit of another person is considered appropriation of name or likeness.  For example, if a famous NFL player sees his name and face on a art company logo, he just might sue the company for invasion of privacy (though I am unsure of how much that can help an art company sell anything but eye black).  An attorney would have to prove the defendant guilty of using the plaintiff’s name or likeness for personal gain or commercial advantage.