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A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details.
Defamation, at a first approximation, is any form of communication that can injure a third party's reputation. This can include all modes of human-understandable communications: gestures, images, signs, words. It is not necessarily restricted to making assertions that are falsifiable, and can extend to concepts that are more abstract than reputation – like dignity and honour. For a communication to be considered defamatory, it must be conveyed to someone other than the defamed. Depending on the permanence or transience of the communication medium, defamation may be distinguished between libel and slander. It is treated as a civil wrong, as a criminal offence, or both. The exact definition of defamation and related acts, as well as the ways they are dealt with, can vary greatly between countries and jurisdictions; for example, whether they constitute crimes or not, to what extent insults and opinions are included in addition to allegations of facts, to what extent proving the alleged facts is a valid defence.
Strategic lawsuits against public participation, or strategic litigation against public participation, are lawsuits intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.
Entertainment law, also referred to as media law, is legal services provided to the entertainment industry. These services in entertainment law overlap with intellectual property law. Intellectual property has many moving parts that include trademarks, copyright, and the "right of publicity". However, the practice of entertainment law often involves questions of employment law, contract law, torts, labor law, bankruptcy law, immigration, securities law, security interests, agency, right of privacy, defamation, advertising, criminal law, tax law, International law, and insurance law.
Food libel laws, also known as food disparagement laws and informally as veggie libel laws, are laws passed in thirteen U.S. states that make it easier for food producers to sue their critics for libel. These thirteen states are the following: Alabama, Arizona, Colorado, Florida, Georgia, Idaho, Louisiana, Mississippi, North Dakota, Ohio, Oklahoma, South Dakota, and Texas. Many of the food-disparagement laws establish a lower standard for civil liability and allow for punitive damages and attorney's fees for plaintiffs alone, regardless of the case's outcome.
Near v. Minnesota, 283 U.S. 697 (1931), was a landmark decision of the US Supreme Court under which prior restraint on publication was found to violate freedom of the press as protected under the First Amendment. This principle was applied to free speech generally in subsequent jurisprudence. The Court ruled that a Minnesota law that targeted publishers of "malicious" or "scandalous" newspapers violated the First Amendment to the United States Constitution. Legal scholar and columnist Anthony Lewis called Near the Court's "first great press case".
Privacy laws of the United States deal with several different legal concepts. One is the invasion of privacy, a tort based in common law allowing an aggrieved party to bring a lawsuit against an individual who unlawfully intrudes into their private affairs, discloses their private information, publicizes them in a false light, or appropriates their name for personal gain.
Paul F. Campos is a law professor, author and blogger on the faculty of the University of Colorado Boulder in Boulder. Campos received his A.B. (1982) and M.A. in English (1983) from the University of Michigan and in 1989 his J.D. from the University of Michigan Law School. Campos worked at the law firm Latham & Watkins in Chicago from 1989-1990 and became an associate professor at the University of Colorado in 1990, where he teaches classes on property, punishment theory, jurisprudence and legal interpretation.
Walter K. Olson is an American author and blogger who writes mostly about legal subjects, including tort reform. Olson is a senior fellow of the Cato Institute, a libertarian think tank in Washington, D.C. Formerly, Olson was associated with the Manhattan Institute in New York City. He founded several websites, including the Manhattan Institute's scholarly PointOfLaw.com, and continues to run Overlawyered.com, a more popularly oriented website focusing on tort reform and alleged overreaching by lawyers. He has published four books on the American litigation system: The Litigation Explosion, The Excuse Factory, The Rule of Lawyers, and most recently Schools for Misrule. Olson is a Republican. The Washington Post has dubbed Olson an "intellectual guru of tort reform." He has testified to Congress numerous times, and has written articles for publications such as The Wall Street Journal, Reason, Reader's Digest, and The New York Times. His work is often discussed in the press and has been cited in court opinions.
Personal injury is a legal term for an injury to the body, mind, or emotions, as opposed to an injury to property. In common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit has suffered harm to their body or mind. Personal injury lawsuits are filed against the person or entity that caused the harm through negligence, gross negligence, reckless conduct, or intentional misconduct, and in some cases on the basis of strict liability. Different jurisdictions describe the damages in different ways, but damages typically include the injured person's medical bills, pain and suffering, and diminished quality of life.
In US law, false light is a tort concerning privacy that is similar to the tort of defamation. The privacy laws in the United States include a non-public person's right to protection from publicity that creates an untrue or misleading impression about them. That right is balanced against the First Amendment right of free speech.
Canadian tort law is composed of two parallel systems: a common law framework outside Québec and a civil law framework within Québec. Outside Québec, Canadian tort law originally derives from that of England and Wales but has developed distinctly since Canadian Confederation in 1867 and has been influenced by jurisprudence in other common law jurisdictions. Meanwhile, while private law as a whole in Québec was originally derived from that which existed in France at the time of Québec's annexation into the British Empire, it was overhauled and codified first in the Civil Code of Lower Canada and later in the current Civil Code of Quebec, which codifies most elements of tort law as part of its provisions on the broader law of obligations. As most aspects of tort law in Canada are the subject of provincial jurisdiction under the Canadian Constitution, tort law varies even between the country's common law provinces and territories.
Tort reform consists of changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation or to reduce damages they can receive. Such changes are generally justified under the grounds that litigation is an inefficient means to compensate plaintiffs; that tort law permits frivolous or otherwise undesirable litigation to crowd the court system; or that the fear of litigation can serve to curtail innovation, raise the cost of consumer goods or insurance premiums for suppliers of services, and increase legal costs for businesses. Tort reform has primarily been prominent in common law jurisdictions, where criticism of judge-made rules regarding tort actions manifests in calls for statutory reform by the legislature.
Theodore H. Frank is an American lawyer, activist, and legal writer based in Washington, D.C. He is the counsel of record and petitioner in Frank v. Gaos, the first Supreme Court case to deal with the issue of cy pres in class action settlements; he is one of the few Supreme Court attorneys ever to argue his own case. He wrote the vetting report of vice-presidential candidate Sarah Palin for the John McCain campaign in the 2008 presidential election. He founded the Center for Class Action Fairness (CCAF) in 2009; it temporarily merged with the Competitive Enterprise Institute in 2015, but as of 2019 CCAF is now part of the new Hamilton Lincoln Law Institute, a free-market nonprofit public-interest law firm founded by Frank and his CCAF colleague Melissa Holyoak.
Modern libel and slander laws in many countries are originally descended from English defamation law. The history of defamation law in England is somewhat obscure; civil actions for damages seem to have been relatively frequent as far back as the Statute of Gloucester in the reign of Edward I (1272–1307). The law of libel emerged during the reign of James I (1603–1625) under Attorney General Edward Coke who started a series of libel prosecutions. Scholars frequently attribute strict English defamation law to James I's outlawing of duelling. From that time, both the criminal and civil remedies have been found in full operation.
The origins of the United States' defamation laws pre-date the American Revolution; one influential case in 1734 involved John Peter Zenger and established precedent that "The Truth" is an absolute defense against charges of libel. Though the First Amendment of the U.S. Constitution was designed to protect freedom of the press, for most of the history of the United States, the U.S. Supreme Court failed to use it to rule on libel cases. This left libel laws, based upon the traditional "Common Law" of defamation inherited from the English legal system, mixed across the states. The 1964 case New York Times Co. v. Sullivan, however, radically changed the nature of libel law in the United States by establishing that public officials could win a suit for libel only when they could prove the media outlet in question knew either that the information was wholly and patently false or that it was published "with reckless disregard of whether it was false or not". Later Supreme Court cases barred strict liability for libel and forbade libel claims for statements that are so ridiculous as to be obviously facetious. Recent cases have added precedent on defamation law and the Internet.
Arthur Alan Wolk is an American attorney and author. He is the founding partner of The Wolk Law Firm in Philadelphia, Pennsylvania, which specializes in aviation law and air crash litigation for plaintiffs.
The American Tort Reform Association(ATRA) is a nonprofit, nonpartisan organization dedicated to reforming the civil justice system and advocating for tort reform. It was founded in 1986 by the American Council of Engineering Companies and was joined shortly thereafter by the American Medical Association.
Tort law in India is primarily governed by judicial precedent as in other common law jurisdictions, supplemented by statutes governing damages, civil procedure, and codifying common law torts. As in other common law jurisdictions, a tort is breach of a non-contractual duty which has caused damage to the plaintiff giving rise to a civil cause of action and for which remedy is available. If a remedy does not exist, a tort has not been committed since the rationale of tort law is to provide a remedy to the person who has been wronged.
McDonough v. Smith, 588 U.S. ___ (2019), was a United States Supreme Court case from the October 2018 term. In a 6–3 ruling, the Court held that the 3-year statute of limitations for a fabrication of evidence civil lawsuit under section 1983 of the Civil Rights Act begins to run when the criminal case ends in the plaintiff's favor.
References
- 1 2 C.C. Holland (2008-12-08). "How to Build a Better Law Blog". Law.com.
- 1 2 Adrien Seybert (2001-07-25). "Chasing the Ambulance Chasers". Court TV. Archived from the original on 2008-08-30. Retrieved 2009-03-22.
- ↑ William Baldwin (2005-04-11). "Seventh-Amendment Follies". Forbes.
- ↑ "Editorial:Our overlawyered society". Las Vegas Review Journal. 2000-05-01.
- ↑ Olson, Walter (2013-04-16). "Overlawyered: now a Cato Institute blog" . Retrieved 2013-04-28.
- 1 2 3 Jacob Sullum, Reason , "Lawyer Trying to Protect His Reputation As an Effective Advocate Misses Deadline for His Libel Suit", August 6, 2010
- ↑ "COURT DISMISSES DEFAMATION CLAIM AGAINST LEGAL BLOG - Law Firm White and Williams LLP Attorneys Philadelphia, Pennsylvania". www.whiteandwilliams.com. Archived from the original on 2011-07-18.
- 1 2 Shannon P. Duffy, The Legal Intelligencer , Discovery Rule for Libel Doesn't Apply to Blogs, Says Federal Judge, August 6, 2010
- ↑ Jeff Blumenthal, Philadelphia Business Journal , Overlawyered blog case testing statute of limitations for defamation, August 6, 2010
- ↑ Sullum, Jacob (September 19, 2011). "HIT & RUN BLOG Update on Arthur Alan Wolk's Lawsuit Against Reason". Reason Magazine. Retrieved 22 December 2015.
- ↑ Olson, Walter (2020-05-31). "A good run: Overlawyered, 1999-2020". Overlawyered.com. Cato Institute. Retrieved 2022-03-11.
