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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
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Experience:  Handle criminal matters in both state and federal courts.
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hello i have a troubling question... How do you ...

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hello i have a troubling question... How do you determine slander and deformation of character... Ex example calling som eone names as .....jew... gay.... and so on.. is it it criminal to do that if they are ordinary people not people of the public eye???
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Samuel II replied 8 years ago.


defamation means to state an untruth, half truth or innuedno that interfers with the persons reputation and interfers with one's finances.

typically, the elements of a cause of action for defamation include false and defamatory statement concerning another; the unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement); if the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and damage to the plaintiff.

in a defamation proceeding the plaintiff (the person who files the suit) needs to show the statements are false and there is damage to the reputation

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