What is the test in common law to determine that a defamation claim must be defamatory rather than specific details?
California, United States of America
The following excerpt is from Weller v. American Broadcasting Companies, Inc., 232 Cal.App.3d 991, 283 Cal.Rptr. 644 (Cal. App. 1991):
17 The concept that it is the gist or sting of the alleged defamatory statements that must be false rather than the specific details of the charge is deeply rooted in our common law. (See, e.g., Hearne v. De Young, supra, 119 Cal. at pp. 673-674, 52 P. 150.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a judge refers to "common sense, common-sense, popular parlance" or "common-sense", does this mean that the judge must be able to rely solely on common sense or common- sense? (California, United States of America)
What is the test for determining whether a claim or claim arising from a motor vehicle accident is a claim for damages arising from an accident? (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)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
How have courts dealt with defamation claims against a former employee who defamed a plaintiff? (California, United States of America)
How have the courts interpreted the meaning of defamatory statements in the context of defamation claims? (California, United States of America)
When can a plaintiff bring a nondefamation claim against a defendant for defamation based on defamatory language? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
How does the prosecution in a civil case establish that there is a connection between a group of individuals with a common name, common identifying symbols and a common enemy? (California, United States of America)
What is the test for determining whether the court considered all relevant factors in determining a plaintiff's claim? (California, United States of America)
