Libel

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 the direct effect on your party is much more tangible.  The other type of libel or slander that affect you indirectly is called per quod defamation of character.  Per quod requires other circumstances to be considered defamation of character.  Since per se is considered intentional and per quod is unintentional, it is much easier to convict a party of per se and subsequently prove that you have been defamed.

Defamation law implicates the cause of action against defamation of character.  In defamation law, a tort, or civil law, can be used to bring a lawsuit against the accused party.  There are specialized attorneys that focus on defamation law that can undoubtedly help your case.  Their expertise in the area will cover the intricacies involved with suing another party for defamation of character, including distinguishing between slander, libel, per se, per quo, and other specifics.

So how do you go about retaliating against libel or slander ?  Listed below are some steps you can take and some tips you can follow to better inform you of your options:

1.  Determine to the best of your ability whether or not you have a case of libel or slander .

Before consulting an attorney, use the resources on this page to determine whether you may have a cause of action for defamation of character.  Knowing defamation law to the best of your ability before contacting a lawyer may just prove to save a lot of headache.  Do your best to categorize the statement in question as per se, per quo, libel, or slander .

2.  Contact a specialized defamation law attorney.

Consulting with a defamation law attorney will help you decide your next course of action.  Discuss with your attorney the specifics of your case, including categorizing the defamatory statement and determining whether your case is civil or criminal defamation of character.

3.  Take legal action.

Here you can either take the case to court or settle out of court with the accused party.  It is recommend that you settle out of court, as this can save you costly fees.

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.