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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37061
Experience:  30 years in civil, probate, real estate, elder law
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I need help will play for an hour of your time right now. I

Customer Question

I need help will play for an hour of your time right now. I live in AZ and the topic is slander
Submitted: 3 months ago.
Category: Legal
Expert:  Ray replied 3 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 3 months ago.

Can you tell me about your situation and what questions you have.I am here.

Expert:  Ray replied 3 months ago.

In Arizona, here a person who publishes a false and defamatory communication concerning a private person, or concerning a public official or public figure in relation to a private matter, is subject to liability, if, but only if, he (a) knows that the statement is false and it defames the other, (b) acts in reckless disregard of these matters, or (c) acts negligently in failing to ascertain them.” Antwerp Diamond Exch. of Am., Inc. v. Better Bus. Bureau of Maricopa Cnty., Inc., 130 Ariz. 523, 528, 637 P.2d 733, 738 (1981) (quoting Peagler v. Phx. News., Inc., 114 Ariz. 309, 315, 560 P.2d 1216, 1222 (1977)); see Dube v. Likins, 216 Ariz. 406, 417, 167 P.3d 93, 104 (Ct. App. 2007) (quoting Rowland v. Union Hills Cntry. Club, 157 Ariz. 301, 306, 757 P.2d 105, 110 (Ct. App. 1988));

Expert:  Ray replied 3 months ago.

Defamation is the act of harming the reputation of another by making a false statement to a third party. It requires constitutional proof that you were harmed publicly by false statements and through the fault of the person who caused harm in order to bring forth charges.

When defamation occurs, two different forms of damage or harm can result: orally called slander or written called libel. The difference between slander and libel is the method used in delivery, however, both are protected under the Arizona Revised Statute 20-445 referred to as defamation.

Expert:  Ray replied 3 months ago.

In Arizona, the elements of a defamation claim are:

  1. a false statement concerning the plaintiff;
  2. the statement was defamatory;
  3. the statement was published to a third party;
  4. the requisite fault on the part of the defendant; and
  5. the plaintiff was damaged as a result of the statement.

Morrisv. Warner, 160 Ariz. 55, 62 (Ariz. Ct. App. 1988).

To be “defamatory,” a statement must be false and bring the defamed person into disrepute, contempt, or ridicule, or impeach her honesty, integrity, virtue, or reputation. Godbehere v. Phoenix Newspapers, Inc., 162 Ariz. 335, 341 (Ariz. 1989).

Expert:  Ray replied 3 months ago.

I am here be happy to chat with you, thanks.

Expert:  Ray replied 3 months ago.

I sent you an offer for extended services for unlimited online chat you can ask anything you want once you accept.