Welcome to Law-Forums.org!   

Advertisments:




Sponsor Links:

Discount Legal Forms
Discounted Legal Texts


Need help with law questions?

Defamation Law Discussion Forum

Need help with law questions?

Postby hob97 » Sun Apr 03, 2011 6:38 am

1)Sandra and Nate are with friends on a beach. Sandra is angry at Nate and in front of everyone, she yells at him, “You are a scumbag, and I hate you.” Then she walks up and slaps him on the face. Even though Nate saw the slap coming, he was not able to avoid it. Name the torts for which Sandra will be liable if Nate sues her
2)Name the elements of a cause of action for the tort of defamation that a public official must prove?
3)What is the standard against which we measure the defendant’s conduct in determining whether he/she has breached a duty of due care in a negligence case?
4)Carla stabs Kyle with a knife, intending to kill him. Using this description, describe the actus reus of Carla’s crime – be specific. Using this description, describe the mens rea of Carla’s crime – be specific.
hob97
 
Posts: 45
Joined: Fri Apr 01, 2011 8:59 pm
Top

Need help with law questions?

Postby avikar76 » Sun Apr 03, 2011 6:49 am

1)Sandra and Nate are with friends on a beach. Sandra is angry at Nate and in front of everyone, she yells at him, “You are a scumbag, and I hate you.” Then she walks up and slaps him on the face. Even though Nate saw the slap coming, he was not able to avoid it. Name the torts for which Sandra will be liable if Nate sues her
2)Name the elements of a cause of action for the tort of defamation that a public official must prove?
3)What is the standard against which we measure the defendant’s conduct in determining whether he/she has breached a duty of due care in a negligence case?
4)Carla stabs Kyle with a knife, intending to kill him. Using this description, describe the actus reus of Carla’s crime – be specific. Using this description, describe the mens rea of Carla’s crime – be specific.
Post this in homework please.
avikar76
 
Posts: 43
Joined: Thu Mar 31, 2011 9:59 pm
Top

Need help with law questions?

Postby zacchaeus21 » Sun Apr 03, 2011 6:52 am

And when you learn all this will you be my attorney?
zacchaeus21
 
Posts: 48
Joined: Thu Mar 31, 2011 1:24 pm
Top

Need help with law questions?

Postby ricki » Sun Apr 03, 2011 6:56 am

1) "Battery" is the most obvious one. And also "assault" because he saw the slap coming. The words probably wouldn't be actionable unless you wanted to try and argue slander for her calling him a scumbag but that's a stretch. Maybe even IIED but again, that's a huge stretch as well.

2) They must prove that there was a false factual statement made of or concerning the plaintiff that harmed their reputation and caused damages as a result. And additionally, they must prove that there was actual malice, which means that the defendant intentionally or recklessly made the defamatory statement knowing it was false.

3) The basic duty is that of a reasonably prudent person in that situation.

4) Actus reus is the action so the action is the "stabbing." Mens rea is the mental state, so the mental state would be that she "intended to kill."

Let me guess, first year law student? Do yourself a favor and buy a study guide if you couldn't answer these on your own.
ricki
 
Posts: 36
Joined: Fri Apr 01, 2011 12:54 pm
Top


Return to Defamation Law

 


  • Related topics
    Replies
    Views
    Last post