41

Repeating a defamatory statement is itself defamatory This is known as the repetition rule and is illustrated in Brown v Bower & Another [2017] EWHC 2637 (QB). In essence, the "local news site" is responsible for the reputational damage suffered by their publication and you are responsible for the damage caused by your amplification of that ...


38

Litigation Costs v. Liability Insurance Cost It is worth noting that what the Institute for Legal Reform, a tort reform lobbying group, is stating, is not that the U.S. has "higher litigation cost" than other countries. They are financed mostly by businesses that have to pay liability insurance expenses and are motivated in their analysis to come ...


33

Just like every other contested assertion They hear the testimony (evidence-in-chief, cross-examination, redirect), look at whatever physical evidence and submissions on the law that the party wishes to make. The other party will do the same. They weigh the evidence including such vital considerations as to whether they think one party or the other or both ...


20

Should I be concerned? Thats not a question about the law, and this site is off topic for actual legal advice questions, but there is an answer which is on-topic, not legal advice and worth saying. The person you have described is litigious in nature - they use the courts for their own ends, perhaps even for bullying. Should you be concerned? Yes - not that ...


19

In some jurisdictions, California probably being the most well-known in the US, there are Anti-SLAPP (Strategic Lawsuit Against Public Participation) statutes, which allow a defendant to file an anti-SLAPP claim (for sake of clarity I'm going to keep calling that person the "defendant") when the plaintiff's suit appears to have been filed for the purpose of ...


13

Your main misunderstanding is that opposing counsel cannot testify. He can ask a question, such as "Did you say ...?", which provides Einstein an opportunity to answer in a way that maintains the credibility of his testimony, but consel cannot just enter his own testimony into the record. In addition, counsel on "his side" has the opportunity to pose ...


11

If the article on the "local news site" was false, or cannot be proved true and if it harmed, or was likely to harm, the reputation of the alleged scammer, it was probably defamatory. Repeating a defamatory statement can itself be defamation. Whether it is in fact defamation depends on whether the repetition was done in a way likely to be seen as ...


8

TL;DNR: YES! A "motion to dismiss" a suit asks the Court do exactly what you say. It asks the Court to dismiss the suit as legally invalid, even if the facts alleged in the suit are correct. A motion to dismiss is usually filed in response to the initial complaint. A defendant can ask for dismissal on a variety of grounds. These range from, "this court ...


8

Jurisdiction: england-and-wales I'm posting this to add to the other answers, so I won't go into details on the defence of truth other than to say that in England and Wales this can be found in section 2 of the Defamation Act 2013. However, that is not the only defence. There are also the honest opinion and public interest defences. Either of those could be ...


7

As a pro se litigant, you have the same power as an attorney to prepare your case. What is that power? Subpoena power. That is the power to compel witnesses to appear and give testimony. Along with subpoena power, you have the power given by the rules of discovery, to conduct discovery, send interrogatories (written questions to the opponent and non-...


7

It is not unusual for there to be expert witnesses (potentially on both sides with opposite conclusions) on the subject of handwriting analysis testifying on matters like this. They will go over known samples of the person's handwriting, and compare small bits of the writing to what is present in the document in question.


6

If you want to bring a 1983 suit, and you can't afford or don't want to pay a lawyer, your best resource is to contact a lawyer who will represent you for free. There are civil rights and advocacy groups that will take on this type of case, and even if they won't, they may be willing to give you a quick evaluation of your case to tell you if it's something ...


6

A civil case, however, is often decided by a "bench" (judge) trial. Under what circumstances is a civil case likely to go to a jury trial, and under what circumstances can a party either demand, or prevent a jury trial (aside from a contract where both parties waive their rights to a jury trial)? In federal court, there is a right to a jury trial ...


6

I fully agree with Chapka that this would be inadvisable. That said, there are lower cost legal research options, especially since this is in Federal court. First, before alternatives, there may be public law libraries that offer some kind of Westlaw or Lexis access from on-site terminals. Law libraries also provide access to the practice manuals and etc. ...


6

Can a party unilaterally prohibit any of its output from use as evidence in litigation? The disclaimer is not really a prohibition, but a warning against relying on the underlying report or product for any of the listed purposes. Thereby the issuer informs that it did not apply, did not attempt to apply, and/or ought not be presumed to have applied, the ...


6

Can a court order a large asset to be sold if the defendent lost the case on a relatively small amount? Say a defendent owns land worth $200,000. The defendant lost the case and has to pay $9,000. He does not have any money to pay. Could courts order the land to be sold? In most U.S. law jurisdictions, yes, a high value assets can be ordered sold to satisfy ...


5

The fact that the employer has vicarious liability for acts of its employees "within the scope of employment" does not mean the employees are not also liable for their own acts. In reality, however, the employer is more likely to have insurance for such "acts or omissions" of employees. The plaintiffs can "sue everyone in sight" and let them figure out who ...


5

if a manager emailed an prospective employee a contract containing the pay rate of $20/hr, if the prospective employee crossed out $20/hr and replaced it with $25/hr, then went to work and gave the manager the contract which he failed to carefully read, continued working for a few months, would the employee be entitled to $20/hr? A party ought to ...


5

If you had an agreement that amounts to a contract, it is binding even if it was informal. However, if your agreement was not in writing, it might be hard to prove. You can easily prove that you transferred money to the other party. But can you prove that it was a loan an not a gift? And even if it is agreed to be a loan, if no repayment time was specified, ...


4

If you sue a person for a tort X, one of the things you have to prove is that the defendant did do X. A baseless belief that it must have been so-and-so will do you no good. You do not have to have iron-clad evidence of your allegations, for a civil suit, but you have to show with a preponderance of evidence that the claim is true. A combination of "hates me"...


4

You can try, however, a US court when considering if it has jurisdiction will doubtless ask you to explain why a Canadian business wants to sue a Canadian company for an unpaid debt in Canadian dollars for services provided in Canada in a US court. If you can satisfy them that a US court is the appropriate venue (which I doubt) they will hear the case.


4

It is the use of a "menace" which creates the crime, not the nature or validity of the demand. That's not correct. You've inadvertently missed the other element of the offence: that it's an "unwarranted demand". A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted ...


4

The language "I therefore place you on notice that" in your proposed missive is superfluous and adds nothing that is legally relevant. Flourishes like that are common among former paralegals, court clerks, common law country notaries, and other non-lawyers who want to sound legalistic but don't really have the relevant legal knowledge. It is common to say "...


4

The expected value formula involves multiplying the estimated dollar amount of each possible outcome by the estimated probability of that outcome adding up the result for every possibility. The results for each outcome have to include the ability to pay if you win and the cost of collecting if you win and the time value of money if not settling delays ...


4

Whether one can recover attorneys fees after litigation in California depends upon the nature of the case. Their amount may be affected by the nature of the judgment. The general rule is each party is responsible for that party's attorney's fees. That means that the trial result is irrelevant - no matter what happens, one pays for one's own attorneys fees. ...


4

The standard practice is to send the opposing party -- or better yet, its attorney -- a preservation letter, also known as a litigation hold. The letter notifies the receiving party that the sender is contemplating litigation, which triggers the recipient's duty to retain relevant records. Google for "sample presevation letter" or "sample ...


4

There are answers between black and white. One might honestly believe to be owed €360, and demand that money in a lawyers' letter, and be prepared to write that demand off if the other party does not comply. Going to court has an uncertain outcome even if one is objectively right, and it will take effort and money. As you describe the events, it looks like ...


4

Falsification of evidence, forgery of documents, destruction of evidence (which is called "spoliation"), giving false testimony under oath or otherwise, and all manner of other similar conduct can make it hard to impose civil liability in the court system (or to prevent its imposition when it isn't called for), and does happen from time to time. ...


4

Given the following: We know the name of the plaintiff, The name is likely to be unique so that there won't be too many cases involving a different party with the same name, and The plaintiff is a company so it is not likely to have been involved in an overwhelming number of cases (as opposed to e.g. the IRS); The approach I would use would be to search a ...


3

This is a matter of tradition and common practice. The reputed purpose is to make sure that all of the facts sworn to are really in front of the person swearing to them and not just swapped out by changes in the claim after the document is sworn to, but it is a bit pedantic. Often legal requirements are like that.


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