Search results
Results From The WOW.Com Content Network
An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action.
Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974), was a landmark decision of the US Supreme Court establishing the standard of First Amendment protection against defamation claims brought by private individuals.
In Calder, a California resident in the entertainment business sued the National Enquirer, located in Florida, for libel based on an allegedly defamatory article published by the magazine. While the article was written and edited in Florida, the Court found that personal jurisdiction was properly established in California because of the effects ...
The case of Park v. Hill 380 F. Supp. 2d 1002 (N. D. Iowa 2005) set the basic rules of Iowa about criminal defamation/libel, defining what it is, while the case of State v. Heacock 76 N. W. 654 (Iowa 1898) set the Iowan rules about public persecution for the crime. Therefore, it exists based on case law).
Under modern jurisprudence the category of dignitary torts is more closely associated with secondary dignitary torts, most notably defamation (slander and libel), false light, intentional infliction of emotional distress, invasion of privacy, and alienation of affections. In some jurisdictions, the phrase is limited to those torts which do not ...
Most Americans are under the impression that most people can sue for any type of negligence, but it is untrue in most US jurisdictions (partly because negligence is one of the few torts for which ordinary people can and do obtain liability insurance.) [citation needed] It is a form of extracontractual liability that is based upon a failure to ...
Defamation law has a long history stretching back to classical antiquity. While defamation has been recognized as an actionable wrong in various forms across historical legal syst
Neutral reportage is a common law defense against libel and defamation lawsuits usually involving the media republishing unproven accusations about public figures. [1] It is a limited exception to the common law rule that one who repeats a defamatory statement is just as guilty as the first person who published it.