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You charge me with a crime I haven't done, you take me to a court but I'll be found not guilty. Now I sue you because you draged my name through mud. What is my suing you called ? Does it have a technical name?

2007-08-06 01:12:01 · 7 answers · asked by Oliver 1 in Politics & Government Law & Ethics

7 answers

Defamation of character and slander.

2007-08-06 03:43:58 · answer #1 · answered by WC 7 · 0 0

Well, Oliver, the law is a very technical animal here, so this is not a simple question to answer.

First, an individual cannot charge anyone with a crime. They may accuse, but the State levies charges. Therefore, you may sue the State (in the form of the District Attorney's office) for malicious prosecution, but as other answerers have stated, you would have to prove withholding of exculpatory evidence and INTENT which is extremely difficult since prosecutors have a level of immunity built into their positions.

Now, if you want to sue someone for falsely ACCUSING you of a crime, again, no simple task to prevail. The charge could be either slander or libel depending on whether they were made orally or in writing (publication, etc.) or also possibly defamation of character. HOWEVER, once again, you would have to prevail in showing that the accuser had NO BASIS in reality for making the claim. They could be mistaken and make the claim with no legal repercussion. You have to prove intent with knowledge that they were lying in order to prevail.

2007-08-06 02:21:02 · answer #2 · answered by jurydoc 7 · 0 0

The term is malicious prosecution. You need to have a favorable result though (dismissal of case, not guilty verdict).

2007-08-06 01:18:43 · answer #3 · answered by John M 2 · 0 0

It is only actionable if done maliciously, meaning with full knowledge of your innocence. If there was sufficient, legitimate evidence to indicate you may have been guilty and no exculpatory evidence was suppressed, you have no case.

2007-08-06 01:39:48 · answer #4 · answered by Tom K 6 · 1 0

Slander?

2007-08-06 01:14:47 · answer #5 · answered by Kat 5 · 0 1

if it harmed your reputation or was highly publicised it can be classified as defamation

2007-08-06 01:28:05 · answer #6 · answered by Anonymous · 0 0

vilify .

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2007-08-06 01:19:30 · answer #7 · answered by slatch 2 · 0 1

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