| Proving Defamation Damages |
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| A lawsuit for defamation has the following basic elements: (1) making a false statement; (2) about a person; (3) to others; and (4) actual damages (if the harm to the person is not apparent). There is a fifth element when the person is a public official or public figure. In such a case, the person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses the fourth element, actual damages. More... |
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| Invasion of Privacy--Intrusion |
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| The law provides everyone with some basic rights to privacy. Privacy is the general right to be left alone and free from unwanted publicity. Unreasonable invasion of one's privacy causes harm. More... |
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| Defendant's Wrongful Use of Process |
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| It is a tort to use the civil or criminal form of process to primarily seek a result other than that for which the form of process was intended. The conduct that encompasses the abuse of process is a defendant's wrongful use of the process for an ulterior purpose and some willful act in the use of the process to accomplish that ulterior purpose. More... |
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| The Sudden Emergency Doctrine |
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| Under the "sudden emergency doctrine," a person is not liable for his reasonable response to a sudden emergency, so long as the person did not create the emergency. The sudden emergency doctrine may be used as a defense to a personal injury action. More... |
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| Governmental Immunity from Suit |
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| If a party is injured by some act of a governmental unit, official, or agency, he may or may not be permitted to sue. The reason that he may be barred from suing is because of "sovereign immunity." Traditionally, this doctrine protected governmental units, officials, and agencies from liability based on their tortious acts unless they had consented to being sued. Now, this immunity has been waived in large part and only applies in certain circumstances. More... |
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