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Essay for Law Students on ‘Defamation’

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❶Tips for organizing an event. The trial Court found her guilty.

What happened?

HR puts a human face and human touch on what can otherwise seem like a mechanical, highly impersonal and formalistic business world. Stress can be caused by impersonal factors -- such as disconnect between workers and management, or multigenerational outlooks that conflict and lead to negative feelings and will.

However, stress does not have to been as an obstacle because it often points to underlying issues that need to be addressed, and in this sense should be viewed as an opportunity…… [Read More]. PR Tools for Specific Strategy. They should also ensure that the activities picked match with the goal intended by the event.

The last bit involves acquiring all the needed items and set up the venue. The follow up activities will involve getting responses from the participants and the targeted group to evaluate the success of the event this may be helpful in planning a similar event in future Essortment, A short speech by the CEO ecent statistics indicate that up to eighty percent of the citizens of this nation are uninsured; more than twenty five percent of these uninsured populations are in working families.

More than 9 million of them are children. More than eight out of 10 are in working families. They are our neighbors, friends, and colleagues who are forced to speculate every day that they won't get sick or injured.

A health insurance cover is a necessity for all of us…… [Read More]. Jewish-Americans From to Present. The creation of the state of Israel in Palestine lent Jews in America a degree of legitimacy. And Jewish-Americans were now on the cusp of a new reality. President Truman was sympathetic to the millions of displaced persons, a good portion of which were Eastern Europeans of Jewish descent. Even though America was largely outraged at news of the Holocaust, many Americans reserved the suspicion that Jews were crooked bankers secretly poised for world domination.

The immigration laws were not repealed. The s also saw a debate concerning the census of Here was an issue that embraced social, political and religious points all at once. The way Jewish-Americans faced the issue had repercussions for the entire nation. Business Portfolio Assessment - Coach. Kim, had worked for the Coach in , filed suit saying among other major charges that the company wanted to suppress online sale of used items to pay high prices to the company for a Coach handbag.

There is a problem for all companies which grapple with counterfeiting and it is often seen on Craigslist and eBay. Along with Kim one more eBay seller, James Caffarella of Littleton, Mass was also sued when he tried to sell legitimate silver golf-ball Tiffany key chain using a stock photograph.

He too received…… [Read More]. Civil Rights -- Privacy vs. They would subsequently call them at home, leave literature and fetus dolls at their door, and even call families and distant relatives of the patients to inform them of the patients' plans to ask them to intercede. The Pro-Life advocates argued that they were lawfully exercising their right of free speech on public property such as across the street fro doctors' offices to verbally attack patients by name as they exercise their equally important right to personal physical autonomy under the recognized privacy penumbras.

The Value of the Legal Approach Suggested by the Article The Yale Law Journal article Clapman, explained various ways that the general right of free speech is limited by more important privacy rights. For example, truth is ordinarily an affirmative defense to defamation. However, existing law already recognizes that certain statements, despite being truthful, serve no valid purpose besides injuring another person, such as by…… [Read More]. Klan politics are eerily being played out in modern conservative movements such as the Tea Party.

While the Tea Party does not officially endorse the KKK, the two groups share many common objectives including the mistrust of new immigrants. Today's Klansmen are basically "unhappy about the social politics of America's post-industrial, pluralistic society" and they "feel left out. The Ku Klux Klan. French Scholars Delves Deeply Into. A few days later the judge Jean-Jacques Gomez ordered Yahoo to "take all measure of a nature to dissuade and to render impossible all consultation…of the online sale of Nazi objects…or any other site or service that constitutes an apology of Nazism or a contestation of Nazi crimes" p.

The response from Yahoo co-founder Jerry Yang was that the French court does not have jurisdiction over an American company; "Asking us to filter access to our content according to the nationality of an internaut is very naive" p. Basically Yang was saying we won't obey your order and become a censor.

The worst part of this for Yahoo was the media exposure; headlines had "Yahoo" and "Nazi" in the same sentence was a public relations disaster for Yahoo.

Nazi Concentration and Death Camps. The German suffering after the first world war and the humiliation of Germany with other nations gave the Nazis the opportunity to feed hatred of the Jews and at the same time promise that if the People gave in to the Nazi ideology, they would be in the land that would hold them a superior way of life. That the followers of Hitler followed the Ideals as true and that they also created in their own minds the need to eliminate groups of people who disagree like the communists and the Jews was the fundamental cause of the holocaust.

Why did it come about? It was argued that while the political climate of the times did not show much promise, Hitler was able to deliver what he promised even if it was based on evil. This gave him ground support. One of the chief supporters of Hitler, and Aman who…… [Read More]. Employee Privacy Balancing Employee Privacy. This will prevent visitation to illicit websites such as pornographic and gambling websites; prevent usage of ecommerce sites such as Amazon or Ebay; or to prevent the use of general recreational or social sites such as Facebook and Myspace.

Other companies may elect, with all legal protection, to prevent any web navigation beyond those sites which are essential to conducting business. Most companies determine to use such monitoring policies based on the calculated view that the loss of privacy will promote greater workplace efficiency by discouraging inappropriate use of company resources and time.

Among the reasons supplied for using email and web-use monitoring, the text by iBrief offers the needs to preserve the company's professional reputation, the maintenance of employee productivity, preventing sexual harassment or cyberstalking, preventing defamation, preventing illegal company disclosure and preventing copyright infringement.

Role of Religion What Is. The ruling stated that, since the moment of silence was for the purpose of advancing religion, it was unconstitutional. This was evidently a case-specific ruling however, and the fact is that the Court has not ruled that this moment of silence may always be unconstitutional.

There are multiple court rulings in other jurisdictions that have ruled the moment of silence allowable if it passes the test of not advancing religion. Can a student say a prayer at a school graduation ceremony? The Supreme Court has not ruled that student-led non-sectarian prayer is not allowed at public school graduation ceremonies. The question remains open and has been decided on a case-by-case basis.

It cannot be encouraged by school officials, and prayers delivered by clergy have been ruled unconstitutional. However, prayers at public school baccalaureate services are constitutional as long as the ceremony is distinct and separated from the graduation ceremony and…… [Read More]. Tort Consists of an Incident.

If done accidentally, then it must be analyzed to see if it was negligent or if the defendant was liable meant to harm. The harm may be done through another and the defendant is still the perpetrator or cause of the harm. Assault is similar to Battery in that the harm was meant to be done to the plaintiff, but in Assault, the victim perceives beforehand that there is an "offensive contact" about to occur. Other types of tort actions against a plaintiff consist of false imprisonment confinement or restraint of the victim , trespassing with intent to damage property, deliberately inflicting mental distress mental abuse in which the victim may or may not demonstrate physical evidence of such distress.

Torts have many defenses for the defendant and are difficult to prove in many cases. However if the plaintiff can prove that the defendant "desires or is substantially certain the elements…… [Read More]. Psychology of Racism Racial Prejudice. Though prejudice seems to be a natural, hard-wired part of the human brain, racism is a learned trait, but the research discussed in Moskowitz's article suggests that there are predispositions in people's brains away from racism and therefore probably towards racism as well.

That is, when it comes to racism some people are simply faster learners than others. But though individual brain function explains some racism, it is far from the whole answer. The research Moskowtitz explains only shows a predisposition towards the leanrned trait of racism; it ultimately fails to explain the source of racism. This is where institutional racism really connects to individual racism. In a society that as a whole is even slightly racist -- as many scholars suggest our is -- there are subconscious cues all around about the "good" and "bad" race or races.

People who do not form negative associations do not pick up…… [Read More]. Yom Kippur War the Long-Term. This unity generally took the form of diplomatic and military opposition to the state of Israel. Egypt's leading role in the acceleration of Arab political unification would have a long-term effect of philosophically influencing such movements as the liberation front of Yasser Arafat in the Palestinean territory, and the host of other terror organizations which have waged guerilla campaigns in search of political recognition.

These examples will be relevant in discussion hereafter on the long-term effects of the conflict. In the immediate aftermath of the attack, it would become clear that these political implications were not accidental. Quite to the contrary, the Arabs understood quite well that they could not anticipate a military victory.

Still, "in October , Arab nations led by Egypt and Syria chose war as their instrument of policy -- their primary policy objective in waging war: Anti-Arab Racism the Objective of. This is also possibly the least well-documented phenomenon in the racializing of Arabs and Muslims leading to the widespread acceptance of profiling and related loss of civil liberties. Henderson reports that when asked about hate crimes " Right now, this is a very serious problem…… [Read More]. Persuasion Techniques Does the Ku.

There are also other aspects that could be included in the study of susceptibility factors, such as unemployment and criminality. In conclusion, the main technique that the Klan uses to entice and retain members is the ideological component of their dogma and rhetoric.

This is supported by factors such as the search for meaning among the youth and fear. The Klan uses fear of poverty, dispossession and other social factors to maintain a hold on their members.

These aspects are strengthened and grounded in various religious perceptions and theories, which tend to justify and legitimize the actions of the Klan to existing members, as well as making the society more attractive to newcomers.

Retrieved November 12, , at http: Definition of Key Terms. Retrieved November 13, , at http: Imus' Racist Sexist Comments. An agreement was reached - in part due to Imus' desire to save face and possibly salvage his career - for the team to meet with Imus. The meeting took place in the New Jersey governor's mansion; in attendance were the Scarlet knights, their coach, four player parents, two grandparents, an aunt, and Stringer's pastor who served as mediator.

Imus brought his wife Deidre. Kinkhabwala, whose information of course was second-hand since no media was present , reports that the players wanted to know, "why us? Imus apparently told them about his philanthropy work, and his wife reportedly cried. In the end, the players told the media they accepted Imus' apology - no…… [Read More]. Home Topics Crimes Defamation Essays. Works Cited Barendt, Eric. Norrie, Kenneth and Stephenson, Hugh. Te Chilling Effect "Oxford: Oxford University Press, pp.

Counts, C; Martin, A. Sources Provided View Full Essay. Bibliography Marques Gonzalez, A. Why the Hearld is changing its commenting policy. Retrieved from The Miami Herald: Limit anonymity for Internet critics. Why anonymity exists and works on newspapers' web sites. Civil Liberties in a Turbulent Age.

Halbert, T, Ingulli, E. The United States, Europe, and Australia. From Wikipedia at http: The Embedded War Journalism Controversy. New Afghanistan embedded rule bars photographing troops killed in action. National Press Photographers Association.

Protecting your Internet identity: Retrieved 19 March from the Prejudice Institute Web site: Retrieved 19 March from the University of Florida Web site: City of Philadelphia, F.

Piece Goods Shop, F. City of Ontario v. Works Cited American Counseling Association. Retrieved July 13, , from http: Surprisingly Common Forms of Insurance Fraud. Individual Health Insurance Coverages. Concise Encyclopedia of Economics 2nd ed. Library of Economics and Liberty.

Westjet View Full Essay. Works cited Long, J. What it Covers, Attempts to Waive it and why the waivers should not be enforced until the Airlines are enforced until the airlines Financially Stable. References Defamation law made simple. Communication Law and Policy, 7, pp. Works Cited Brundage, James A. The University of Chicago Press, Cambridge University Press, Print Merback, Mitchell B.

The Thief, the Cross, and the Wheel: Australian courts can also decline to hear a case if it doesn't believe it is the right forum. Corporations Since and the introduction of European SE companies, some interesting conflicts of jurisdiction have ensued. If the company was first registered in a single country, it is subject to those laws.

As an SE company, the corporation is also subject to additional regulations of the Union. The corporation doesn't have to abide by all the laws of all the countries of the Union, just the specific SE rules and the rules of their country. This can be a distinct advantage for SE companies at they can forum shop and choose the country which best suits the business' needs before making a choice about where to base its operations.

The company can then operate both under the jurisdiction of the country with the most favorable laws and have the privileged position of an SE throughout the Union. This kind of behaviour will continue for the foreseeable future; there has been some consistency of law across the Union recently, but there are still distinct differences from country to country.

It is worth a corporation's time and effort to do its research before deciding where to incorporate. The Business Case for Diversity. Sex Stereotyping in the Workplace: A Manager's Guide -- Women in Business. Becoming a Culturally Competent Organization. Ivey Business Journal, September-October. Magna Carta, AD. Hiring Decisions View Full Essay. Retrieved February 7, , from http: Reference Cornell University Law School. Cornell University Law School.

New York Times Co. What is the purpose of education? Public education, religious establishment, and the challenge of intelligent design. Journal of Law, Ethics, and Public Policy Center for Science and Culture Darwinian evolution, the teaching of intelligent design. Department of Homeland Security.

Counter-terrorism multipliers needed Military Technology, 34 4 , 4. Freedom of the Press and View Full Essay. Found online at Pop Art Machine, http: One Foot on the Floor: United Jewish Communities of North America. Association of Religion Data Archives. References Anti-Defamation League Law Enforcement Agency Resource Network. Retrieved September 21, Federal Court View Full Essay.

Supreme Court , Docket Duane, and Benson P. Implications for the criminal justice system. From Incentives to Controls. Particularly in the context of animal rights, various organisations are discussed to give the reader an idea about level of protest carried out in USA to protect the life of animals.

Best, Steven and Nocella, Anthony. Terrorists and Freedom Fighters. This book gives narration of various concepts related to ALF. Sections and also deal with printed defamatory matter. Defamation is when a person speaks scandalous words of others, whereby they are injured in their reputation. Words which injure the reputation of any one, which make people think worse of him, are defamatory. If they be merely spoken, they may amount to slander. But if they are printed, or otherwise permanently recorded, they constitute a libel.

A libel must be to some extent permanent, not transient, as are spoken words. According to the Indian Penal Code, there is no such distinction between libel and slander in India. Whenever it is not obvious from the defamatory words themselves who is the person referred to, or what the imputation cast upon him is, the plaintiff should insert in his pleading an averment which is called an innuendo stating what he understands the words to mean and to whom he supposes them to refer.

Credit; honour; character; good name. Reputation is a sort of right to enjoy the good opinion of others, and is as capable of growth, and has as real in existence, as an arm or leg. It is a personal right, and an injury to reputation as by a defamation is a personal injury. Whoever by words, either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.

It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. This is defamation, unless it falls within one of the exceptions.

Imputation of truth which public good requires to he made or published: It is not defamation to impute anything which is true concerning any person, if it to be for the public good that the imputation should be made or published. Whether or not it is for the public good is question of fact. It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public function, or respecting his character, so far as his character appears, in that conduct, and no further.

It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further. It is not defamation to publish a substantially true report of the proceedings of a Court of Justice or of the result of any such proceedings. A justice of the Peace or other officer holding an enquiry in open Court preliminary to a trial in a Court of Justice is a Court within the meaning of the above Section.

Merits of case decided in Court or conduct of witness and others concerned: It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct and no further. But if A says: It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further.

A performance may be submitted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public. Censure passed in good faith by person having lawful authority over another: It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.

A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of the department censuring in good faith those who are under his orders; a parent censuring in good faith of a child in the presence of other children; a school-master, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier — are within this exception.

It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation. It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good. Here, if the imputation is made in good faith and for the public good, A is within the exception.

It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution is intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good. The person making any imputation intends to harm to that another person, or knowing or having reason to believe that such imputation will harm the reputation of such person. If the imputation comes within any one of the ten exceptions the person making imputation is not held liable.

According to Section , whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both Nature of offence:.

The offence under Section in case of public servant is non-cognizable, bailable, compoundable with permission of the Court before which any prosecution of such offence is pending and triable by Court of Session and in any other case, non-cognizable, bailable, compoundable, and triable by Magistrate of the first class. According to Section , whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which lay extend to two years, or with fine, or with both.

The offence under this Section in case of public servant is non-cognizable, bailable, compoundable, and triable by Court of Session, and in any other case, non-compoundable, and triable by Magistrate of the first class.

According to Section , whoever sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both Nature of offence:. Certain Urdu papers of Punjab published news of smuggling in Punjab, suggesting that there were the hands of political and ruling parties. The State of Punjab-issued a Public Notice dated stating that the State Government took severe and serious steps to prevent smuggling and no officer or his relatives were involved in smuggling.

It also invited the public to name the persons involved in smuggling. The appellant also stated that he was prepared to face any consequences thereof. He stated that he enjoyed good reputation amongst friends and relatives. He filed the case before the First Class Magistrate, Taran.

The accused filed a petition to the Supreme Court for transfer the case apprehending political influence of the complainant. He contended that he was protected by ninth exception of Sec.

The trial Court convicted the accused with one year imprisonment. The accused appealed to the Supreme Court. The Supreme Court altered the conviction from one year to three months and also imposed Rs. A publisher of a defamatory statement can only be protected if he shows that he had taken all reasonable precautions and then had a reasonable and well-grounded belief in the truth of the statement.

A mere belief in the truth, without there being reasonable grounds for such a plea is not synonymous with good faith. Exception 9, therefore, covers two matters, proof of good intention and the exercise of reasonable care and skill, having regard to the occasion and the circumstance. Intentional Infliction of Emotional Distress A plaintiff may recover for intentional infliction of emotional distress if the defendant intended or acted with extreme outrageousness to cause emotional distress and the plaintiff suffered emotional distress.

She also would not recover for negligent infliction of emotional distress because she that theory of liability requires that she suffer physical harm and there are no facts indicating that any such harm was suffered. In addition to what the story said on its face,Here the story implied that Amy may have been responsible for the death of her son. Torts Amy, a prominent women's rights activist, is a resident of Yuba City, California. She was the mother of Benny, who was 18 years old.

Benny lived at home with Amy, while attending Community College. Amy named herself as the insurance policy's beneficiary.

Two weeks after his 18th birthday, Benny died mysteriously of a heart attack. Reporter, who works for The Daily Breeze Yuba City's daily newspaper , discovered the existence of the insurance policy on Benny's life. Reporter also gained access to the coroner's unofficial, preliminary report. The report stated that Benny may have died as a result of poisoning, possibly administered through his food over a period of several months. Reporter spoke with Officer Oren, an officer with the Yuba City Police Department who did not participate in the investigation of Benny's death.

Officer Oren told Reporter the following: Reporter did not speak with either the coroner or Amy. The next day, The Daily Breeze ran the following story on page one of its local section: Amy is a prominent women's rights activist and resident of Yuba City.

Foul play is suspected in Benny's death and Amy is a suspect. A reliable source confirmed that Amy will be charged with Benny's murder in the very near future.

Amy was neither arrested nor charged with Benny's death. After an autopsy, the coroner's official report stated Benny's heart attack was caused by a rare heart condition. The Daily Breeze printed a retraction after the official autopsy report was released. Amy would like to file suit against The Daily Breeze. She comes to you for legal representation. Discuss the cause s of action available to Amy along with anticipated defense s available to The Daily Breeze. Discuss the likely outcome of such litigation.

Defamation is a defamatory statement of purported fact made by the defendant of or concerning the plaintiff, which is false, misleading, or detrimental to plaintiff's reputation, and that is published to a third person. Here, The Daily Breeze published a statement about Amy, which appeared on page one of the local section.

The Daily Breeze is the local paper and published to third persons. The language of the statement does not purport to be an opinion. Thus, if Amy can prove damage to her reputation, then she would have a supportable case of defamation.

Libel per se exists where defendant has made a defamatory publication regarding plaintiff on such areas as plaintiff's work, her criminal background, plaintiff's morals or her reputation for being unchaste. Here, Daily Breeze published a statement concerning Amy's criminal background, i. Thus, Amy may be able to prove libel per se. If plaintiff is a public person or official, they must prove actual malice in making the defamatory statement. Here, Amy will argue she is a private plaintiff.

She will argue she is merely a woman who is mourning the loss of her son and who has a normal place in society. She will claim she has not achieved pervasive fame or notoriety and persons such as actors and actresses, politicians and sports players. The Daily Breeze however, will argue Amy is a prominent women's activist and needs to prove actual malice. The paper will also claim there was no malice as they published a retraction as soon as the final autopsy report was released.

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Law of defamation. The aim of this study is to consider, via an analytical approach, the effect on the law of defamation of the implementation of the European Convention on Human Rights and the Human Rights and whether or not the law of defamation strikes.

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The law of defamation is to protect the reputation of the people. Its main purpose is to control the freedom of speech and guard those in the "spot light". Defamation is an intentional tort/5(4).

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Explain prior restraints, defamation, and sedition of the freedom of freedom of speech and freedom of the press Freedom of speech in United states are usually protected by the constitution, the only things that are not protected are cases of obscenity, defamation, war words and any form of . DEFAMATION Defamation also called calumny, vilification, slander and libel is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image.

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“Defamation” has been recognised as a criminal wrong in the Law of Crimes. In the Law of Torts, the aggrieved person is given compensation. In the Criminal Law, the wrong-doer is punished with imprisonment or with fine or with both. defamation Essay Words | 5 Pages. By definition defamation is the act of injuring someone’s character or reputation by false statements. Cases of defamation are only considered attacks on if they are made in a vindictive or malicious manner. The person’s name is considered not only personal but proprietary right of reputation.