I have the statements made by that person in writing and it was recorded in a court document.
2007-05-17 07:36:16 · 7 answers · asked by Mike G 1 in Politics & Government ➔ Law & Ethics
You mean defamation of character ?
Read this first ...
In law, defamation is the communication of a statement that makes a false claim, expressly stated or implied to be factual, that may harm the reputation of an individual, business, product, group, government or nation. Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against criticism.
The common law origins of defamation lie in the torts of slander (harmful statement in a transitory form, especially speech) and libel (harmful statement in a fixed medium, especially writing but also a picture, sign, or electronic broadcast), each of which gives a common law right of action.
"Defamation" is the general term used internationally, and is used in this article where it is not necessary to distinguish between "slander" and "libel". Libel and slander both require publication. The fundamental distinction between libel and slander lies solely in the form in which the defamatory matter is published. If the offending material is published in some fleeting form, as by spoken words or sounds, sign language, gestures and the like, then this is slander. If it is published in more durable form, for example in written words, film, compact disc and the like, then it is considered libel.
DEFAMATION - An act of communication that causes someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation. Such defamation is couched in 'defamatory language'. Libel and slander are defamation.
Although defamation is primarily governed by state law, the First Amendment safeguards for freedom of speech and press limit state law.
The speaking slanderous words of a person so as to hurt his good fame.
In the United States, the remedy for defamation is by an action on the case, where the words are slanderous.
Are you sure you fit this catagory?
2007-05-17 07:46:55 · answer #1 · answered by Robert S 6 · 0⤊ 0⤋
I'm sure that you mean "defamation of character" and I believe all states have some tort laws regarding slander and libel. If the person lied about you in court, he committed perjury and that's a criminal offense. To get a defamation case to the courts you need to be able to prove that you are an injured party and have suffered as a result of the other person's actions. Next, you have to prove that the statements made by the individual have no factual base. Not an easy battle to win, but good luck!
2007-05-17 07:43:04 · answer #2 · answered by Jim 5 · 0⤊ 0⤋
Nope...but if you can prove they lied in a court document while they were under oath you could try to get them charged with perjury.
2007-05-17 07:44:23 · answer #3 · answered by orklad 2 · 0⤊ 0⤋
Did the defamation cause you financial difficulty? If no, then don't bother suing, just get over it.
2007-05-17 07:45:56 · answer #4 · answered by NeonLoveChicken 3 · 0⤊ 0⤋
No. But you can sue for "defamation of character".
2007-05-17 07:41:56 · answer #5 · answered by Hemingway 4 · 0⤊ 0⤋
If you are referring to "defamation of character" then yes. It is not easy to prevail, however.
2007-05-17 07:39:55 · answer #6 · answered by jurydoc 7 · 0⤊ 0⤋
Do you mean defamation?
2007-05-17 07:39:34 · answer #7 · answered by only p 6 · 0⤊ 0⤋