Actual malice: the highest level of fault: you said something you know was false or you acted with reckless disregard for the truth. Element #2: Fault
Appeal: asking a higher court to re-hear a case because of an error in the original trial. Appeal
Bench trial: a trial with a judge but no jury. Trial
Beyond reasonable doubt: the standard of evidence in a criminal case. Civil law and the standard of proof
Blackmail: the crime of threatening to expose information about someone if they don’t comply with your demands. Blackmail and Extortion
Civil law: the part of the legal system that deals with lawsuits brought by one person against another. Civil law and the standard of proof
Common interest privilege: a privilege granted to statements made to members of a group to advance the interest of that group. Common interest privilege and Use Common Interest
Complaint: the formal court filing that initiates a lawsuit. The complaint
Counsel: a fancy word for lawyer.
Criminal law: the part of the legal system that deals with crimes that are prosecuted by the state. Civil law and the standard of proof
Damages: a court-ordered payment by the defendant to compensate the plaintiff for harm. Element #3: harm
Defamation: a tort based on false statements made by the defendant. What is Defamation?
Defendant: the person who is being sued (in a civil suit) or prosecuted (in a criminal suit).
Discovery: the phase of a lawsuit where both parties obtain evidence to use during the trial. Discovery
Extortion: the crime of obtaining something through a threat. Blackmail and extortion
Fair report privilege: a privilege granted to the media when reporting on official government proceedings. Fair report privilege
False light: a tort based on a statement that causes emotional harm by misrepresenting another person. False light
Hyperbole: a statement that is so exaggerated that it is not considered to be factual. Hyperbole is not defamatory
Intentional infliction of emotional distress: a tort based on outrageous or abominable action that impacts another person’s mental health.
Judgment: the final ruling in a lawsuit, which establishes who prevailed on each point and awards damages if appropriate. Judgment
Jurisdiction: the locale where a case will be tried, whose laws will determine the course of the case. Jurisdiction
Jury trial: a trial with a judge and a jury. Trial
Libel: written defamation. What is defamation?
Limited-purpose public figure: a figure who is normally a private figure but has voluntarily thrust themselves into a public debate. Public and private figures
Litigation privilege: a privilege granted to statements made in the conduct of a court case. Litigation privilege
Mediation: a formal process in which both parties attempt to reach a pre-trial settlement. Mediation
Negligence: the lower level of fault: you said something you should have known was false. Element #2: Fault
Neutral report privilege: a privilege granted to unbiased media reporting on a matter of public interest. Neutral report privilege
Parallel legal claims: legal claims that attempt to reframe a defamation case as some other tort. Parallel legal claims
Parasitic torts: secondary torts appended to the primary basis of a lawsuit. Parasitic torts
Per se defamation: defamation so severe that harm is assumed to have occurred and need not be proven. Per se defamation
Plaintiff: the person who files a civil lawsuit against the defendant.
Preponderance of evidence: the standard of evidence that applies in a civil lawsuit. Requires showing that a claim is at least 51% likely to be true. Civil law and the standard of proof
Private figure: a person who is not a public figure and has a reasonable expectation of privacy. Public and private figures
Privilege: legal protection granted to a statement. Absolute and qualified privilege
Privilege, absolute: a statement protected by absolute privilege cannot be defamatory. Absolute and qualified privilege
Privilege, qualified: a statement protected by qualified privilege may be defamatory, but requires the plaintiff to prove actual malice rather than merely negligence. Absolute and qualified privilege
Pro bono: a lawyer who takes a case for free is working pro bono (for the public good).
Public figure: a well-known person whose life is a matter of public interest. Public and private figures
Publication of private facts: a tort based on publishing previously unknown private facts about a person. Publication of private facts
Punitive damages: damages in excess of actual damages, which are awarded to punish the defendant and to deter others from following their example. Element #3: harm
Pure opinion: a statement that reflects a personal interpretation of the facts. Pure opinion and Use Pure Opinion
Responsive pleading: a formal response to a complaint. The response
Service: the process of delivering a complaint to the defendant. The complaint
Settlement: a formal agreement between the defendant and the plaintiff which ends a lawsuit. Settlement
Slander: spoken defamation. What is defamation?
SLAPP: Strategic Lawsuit Against Public Participation. A frivolous lawsuit intended to intimidate and silence critics. Anti-SLAPP legislation
SPEECH act: a federal law that protects statements made in the US against foreign defamation suits. International lawsuits
Standard of proof: the standard required to “prove” something in a court case. Civil law and the standard of proof
Statue of limitations: the time limit on filing a lawsuit in a civil case, or prosecuting a crime in a criminal case. The statute of limitations
Substantial truth: a statement is substantially true if it accurately captures the gist of a matter, even if it contains minor mistakes. Substantial truth
Tort: the basis for a civil lawsuit. Torts