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Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My friend has been going through a divorce for sometime now.

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My friend has been going through a divorce for sometime now. It has turned out to be a messy one with ample mud slinging. I am supposed to be a witness when we go to court. The problem is that his wife told him recently that if I testify she would tell the judge that I sold him marijuana. This is unfounded. What case would I have for slander if this happens?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation.

What case would I have for slander if this happens?

You would actually be able to sue for defamation. Allow me to explain.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.

Defamation exists when there is (1) a defamatory statement of fact; (2) that statement's identification of or reference to the plaintiff; (3) publication of the statement by the defendant; (4) the defendant's fault in the publication; (5) the statement's falsity; and (6) damages. Brown v. Tucker, 330 Ark. 435, 954 S.W.2d 262 (1997)

Slander is verbal defamation and libel is written defamation; they are two sides of the same coin.

In addition, defamation per se is a cause when someone accuses you falsely of a criminal nature. There, damages do not have to be proven, and are simply ASSUMED, making your case easier.

So if she accuses you of this on the stand, you may have a case for defamation per se.

I hope this helps and clarifies.

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