Fleming Attached Brief

Fleming Attached Brief - the truth as it was his own...

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Fleming v. Benzaquin Benzaquin local radio personality. Fleming police officer. Cited Benz for no license plate, inspection sticker and expired registration. Issue : Is the Benzaquin (defendant ) liable for defamation towards Fleming (plaintiff)? If so is the defendant liable for libel or slander towards the plaintiff? Rule : Defamation. 1) unprivileged 2) publication of 3)false and defamatory 4)statements concerning another. Libel - written, documented, having a more or less permanent physical form. Slander - defamatory statements, mainly oral defamation. Application : The information shared by the plaintiff was opinion and therefore not required for privilege. The plaintiff clearly stated the following was prejudice and his angry speaking. The plaintiff spoke
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Unformatted text preview: the truth as it was his own opinion of the defendant and not false. Plaintiff agrees concerning the statement of another. The defendants privileged contact was being shared on the radio. The plaintiff was publication this information by broadcasting on the radio. The plaintiff described the defendant in many ways that was false and defamatory in nature. Conclusion : No, the Benzaquin (defendant) is not liable for defamation towards Fleming (plaintiff), because the entire content discussed on the radio was mere opinion. As stated when the plaintiff said, that he was depressed, angry, and liable to be prejudice. The plaintiff can't collect compensatory or punitive damages, as there was no case for defamation....
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This note was uploaded on 03/28/2012 for the course BLAW 280 taught by Professor Ng during the Spring '11 term at CSU Northridge.

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