What is the test for determining whether a defamatory statement constitutes a fact or opinion?

California, United States of America


The following excerpt is from Underwood v. CBS, Inc., 150 Cal.App.3d 460, 198 Cal.Rptr. 48 (Cal. App. 1984):

In recognizing that the "critical determination of whether the alleged defamatory statement constitutes fact or opinion is a question of law," the Okun court observes that "[t]he distinction frequently is a difficult one," and goes on to elaborate that "what constitutes a statement of fact in one context may be treated as a statement of opinion in another, in light of the nature and content of the communication taken as a whole." (Okun v. Superior Court, supra, 29 Cal.3d at p. 450, 175 Cal.Rptr. 157, 629 P.2d 1369.)

Other Questions


What is the test for determining whether a statement is one of opinion or a statement of fact? (California, United States of America)
Can expert testimony be used to assist the jury in determining whether a statement or series of statements implied defamatory facts? (California, United States of America)
Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
What is the test for determining whether a statement was testimonial so as to implicate the constitutional right of confrontation? (California, United States of America)
What is the test for determining whether a search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful? (California, United States of America)
What is the test for determining whether a statement is fact or opinion? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.