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    B166ER's Avatar
    B166ER Posts: 1, Reputation: 1
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    #1

    May 19, 2012, 07:19 PM
    Defamation and Small Claims
    I'm sorry but I was coming in here with a very similar question; "Can I sue for defamation in small claims court?"

    The question still stands. I've read a bit around the net and it looks like Slander and Libel don't get heard (or tried, or whatever the term) in small claims. Libel has to be in print I think, but what's the difference, as far as the law is concerned, between Slander and Defamation of Character?

    What about organized harassment? Things as childish as name-calling (the actual names that are used would fall under defamation, and it's 24 hours a day- 7 days a week by as many as 100 maybe 200 individuals. It worsens during weekends and extended holidays and involves mostly high school aged children but there are adults involved with gray hair even). Can punitive (is this the right term?) damages be a valid small-claims issue? Against multiple individuals? (in separate cases and asking for the maximum allowed in small-claims?)

    It seems that this sort of thing is hardly ever taken seriously unless blood is spilled and it's a violation of one of the primary stipulations of the United States Constitution as it infringes on a person's legal right to the pursuit of happiness.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    May 19, 2012, 08:11 PM
    Quote Originally Posted by B166ER View Post
    I'm sorry but I was coming in here with a very similar question; "Can I sue for defamation in small claims court?"

    The question still stands. I've read a bit around the net and it looks like Slander and Libel don't get heard (or tried, or whatever the term) in small claims. Libel has to be in print I think, but whats the difference, as far as the law is concerned, between Slander and Defamation of Character? ...
    In most states, small claims courts are limited as far as the amount of the judgment, but not what type of claim is involved. So, in general, yes, may award judgments for the tort of defaation.

    Quote Originally Posted by B166ER View Post
    ... Libel has to be in print I think, but whats the difference, as far as the law is concerned, between Slander and Defamation of Character?
    ...
    Both libel and slanders are types of defamation.

    Libel is publication of printed material. Slander is spoken.

    Both types of defamation are actionable.


    Quote Originally Posted by B166ER View Post
    ... Can punitive (is this the right term?) damages be a valid small-claims issue? Against multiple individuals? (in separate cases and asking for the maximum allowed in small-claims?)
    ...
    Usually not.

    Quote Originally Posted by B166ER View Post
    ...
    It seems that this sort of thing is hardly ever taken seriously unless blood is spilled and it's a violation of one of the primary stipulations of the United States Constitution as it infringes on a person's legal right to the pursuit of happiness.
    The "pursuit of happiness" is not mentioned in the Constitution. You are thinking of the Declaration of Independence, which provides, in it's second sentence, as follows:
    "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    May 20, 2012, 04:33 AM
    First its not a good idea to piggyback your question on another thread. This can lead to confusion. So I've moved your question to its own thread.

    One of the main problems in any defamation action is that the purpose of a law suit is to make a person whole after a loss. But with defamation and harassment cases its hard to show a loss. Unless you are a famous person where the defamation can damage your livelihood, name calling really doesn't cause a loss.

    Finally, as AK pointed out. You really should get your facts straight before you start a rant. Thomas Jefferson postulated that mankind was "endowed by their creator" with certain rights, including the "pursuit of happiness". He did this to justify the colonies revolting against England in the Declaration of Independence. The US Constitution doesn't actually refer to individual rights per se. It defines what the Federal government can and cannot do.

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