What is the difference between libel and slander?
What will be an ideal response?
Defamation encompasses the two related torts of libel and slander (see Exhibit 13-1). Libel refers to written defamatory statements; slander refers to oral statements. Libel encompasses communications occurring in "physical form" (according to many modern courts and the Restatement [Second]). Under this definition defamatory statements on records and computer tapes are considered libel rather than slander. Spoken words that are intended to be written down, such as words dictated to a stenographer, are also categorized as libel. A radio or television program that originates from a written script is considered libel, but the courts do not agree about how to classify a program that is "ad-libbed."? The distinction between libel and slander is sometimes blurred, but it is a significant one. To prove slander a plaintiff must establish that he or she suffered some kind of special harm, meaning harm of a pecuniary (monetary) nature. Loss of friendship and emotional upset are not generally considered to have pecuniary value. However, if a plaintiff is able to prove pecuniary loss, the plaintiff can attach emotional damages to his or her pecuniary loss. Special harm need not necessarily be proved in the case of libel.
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Statutory annotations usually include:
A. a history section. B. official comments on the section. C. research guides. D. notes to decisions. E. all of the above. F. b, c, and d.
If a will states, “if he survives me” followed by another name, is often used to:
a. Ensures the gift becomes part of the residue b. Ensure the gift goes to a beneficiary and not become part of the residue c. Satisfies the ademption clause d. Allows the executor to distribute the property as they see fit
Please write a paragraph defining the concept of curtilage and discuss the four factors a court would consider in deciding whether property is curtilage and the impact the curtilage designation has on the government's ability to search that property.
What will be an ideal response?
Answer the following statement(s) true (T) or false (F)
1. The board of directors carries out the day-to-day affairs of the business. 2. Both the board of directors and the shareholders must approve a sale of assets outside the ordinary course of business. 3. A shareholder derivative suit is filed when the directors have refused to take action against a third party. 4. A franchise is a contract which provides the franchisee access to the methods, marketing, trademark and licenses of the franchisor. 5. Blue sky laws are state securities law, from which publicly traded companies are exempt.