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Defamation Law - Legal Information and Resources

Defamation Law

Freedom of speech is a personal right granted to all individuals as enshrined by the Constitution. Freedom of speech, however, is not absolute. Freedom of speech is limited when that freedom encroaches on another individual's freedom. Defamation -- the act of creating false statements about a person and communicating those statements to another person, causing harm to the subject's reputation and standing in the community.

Defamation is governed primarily by state law. Although the Constitution and case precedents interpreting freedom of speech also form a crucial part of defamation law. While state law differs as to the specific acts that constitute defamation, the types of harm caused by such act, and the penalties that accompany such act, the general elements that must be proved are basically similar.

Defamation is called libel, when the defamatory statements are printed, written, or broadcasted, and called slander when the defamatory statements are communicated orally. While defamation per se is not difficult to prove as the statements are so vicious the harm is obvious, libel and slander may not be as easy to prove. For one, proving that the false statements were communicated as fact, rather than opinion, is difficult, the aggrieved party would need a lawyer who specializes in these types of cases. Moreover, proving intent and damages require extrinsic evidence that may be difficult to obtain, especially when freedom of speech is taken into consideration. Malice, for one, is difficult to prove as the aggrieved party need to produce clear and convincing evidence that the person who communicated the false statement knew beforehand that the statement was false.

In addition to proving defamation, intent, and harm, one of the more difficult tasks for defamation attorneys is countering the defense's possible argument that the false statement is not defamatory. Typical defense for defamation would be that the statement was an opinion based on accurate facts, minor reporting errors, and the statement was the truth. The U.S. Supreme Court has, in many cases, ruled that government officials, political candidates, heroes, and celebrities are generally exempted from filing defamation cases with respect to their status as public figures, except when malice or intent is proven.

The harm, which include being shamed, hated, or belittled, caused by the defamatory statements gives rise to damages. Most states would require that the damaged party demand a printed retraction of the defamatory statement before proceeding to filing a case in court. If the damaged party decides to sue without first seeking retraction or if the damaged party receives a retraction but proceeds to sue anyway, most states will limit the damages the damaged party may pursue to the actual or special damages they experienced, such as loss of employment or wages. If it is proven that the person who made the false statements acted with intentional malice, then the aggrieved party will be entitled to additional damages, including damages for loss of business. It is thus wise for the damaged party to seek advice from counsel before making any step towards seeking restitution, as making one wrong move could lessen the damages that is due the aggrieved party.

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Traffic Law

Driving in the United States requires two things: the driver must have a driver's license and the motor vehicle used must be duly registered. American traffic laws vary from state to state, although there are common basic rules, such as speed limit. Traffic laws form part of the more comprehensive motor vehicle law to ensure safety in roads. Motor vehicle laws are mostly regulatory laws that set up rules that should be obeyed by drivers and vehicle manufacturers. Traffic laws, on the other hand, govern the violation of motor vehicle laws.

Traffic violation laws governs unlawful activities involving a motor vehicle. Traffic violations include driving under the influence, or driving while intoxicated, driving without a license or driving with an expired or suspended license, and driving an unregistered motor vehicle or a motor vehicle with an expired registration. Traffic violations also include speeding, beating the red light, tailgating, and swerving. Other common traffic violations not wearing a seat belt and talking on a cell phone while driving.

Traffic violations can range from administrative to criminal offense, and the accompanying penalties would depend on the severity and the harm that could accompany such traffic violation. Driving while intoxicated or driving with license that was suspended as a result of the conviction of a criminal offense is a criminal offense and the conviction to these offenses can lead to incarceration. In most states, the traffic enforcement agency, usually the department of motor vehicle, gives points to a driver based on his violation. The number of points will determine the kind of penalty or sanction that the enforcement agency will impose upon the traffic violator. Traffic violation sanctions range from petty fine to suspension or revocation of driving licenses.

One of the nuances in traffic violation law is the determination of who has jurisdiction over the area where the violation was committed. Different government agencies takes charge in implementing a particular traffic in a particular location. This means that local enforcement agencies has authority to issue citations in a certain geographical area, but these areas often overlap. When faced with a traffic citation, the driver must review the citation to take note of the court that will hear the case or whether the citation requires personal appearance in court.

There are many ways to avoid points following a traffic violation. The law provides for other ways to avoid paying any monetary amount for a traffic citation. For instance, the law allows the traffic violator to attend traffic school. In addition, those who are falsely accused of traffic violations must retain the help of expert traffic violation law attorney as traffic violation, depending on the severity, is considered a criminal offense, and can have serious impact on one's life, including ability to obtain future insurance and employment. When wrongfully accused of a traffic violation, the accused can choose to go to a trial in order to argue against the violation. Going to trial, however, is a difficult and costly process, thus it is imperative to seek the help of counsel.

Areas of Law