Defamation & Family Law Flashcards
Defamation
A person publishes defamatory matter, to a third-party, relating to the plaintiff.
Civil Law
A type of law concerned with the private relationships of a community.
Tort
A wrongful or infringing act leading to legal liability, causing harm or loss.
Standard of Proof
The level of certainty to establish proof in a legal proceeding.
Balance of Possibilities
If something is more or less likely to occur.
Burden of Proof
The duty of proving disputed assertion or change.
Plaintiff
A party who initiates a lawsuit before a court.
Defendant
A party who is being sued or accused in a court of law.
Damages
A sum of money to compensate for something that has been lost or damaged.
Injunction
An authoritative warning or order.
What must the plaintiff prove?
- The matter conveys a defamatory imputation
- The matter refers to the plaintiff
- The matter has been exposed to a third-party
What makes an imputation defamatory?
- The plaintiff’s reputation is lowered
- The plaintiff is likely to be injured in their business/profession/trade
- The plaintiff is exposed to ridicule
The onus is on the…
Plaintiff
The Ordinary Reasonable Person Test
A test to prove or disprove if a statement is defamatory (the context must be taken accounted for).
Causes of an Imputation
An imputation can injure a person’s reputation inducing others to shun, avoid, ridicule, or despise someone else.
