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Statutory provisions pertaining to libels vs slander
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“A person is liable for slander if that person intentionally says that someone is a thief when she knows it is not true” is a matter that comes under the states’ own constitutions and the law procedure for this slander differs from state to state. Every state has its own discretion as to what is libel or slander, and therefore, every state has its own jurisdiction in the matter. Some states keep both the libels and slanders under the same law books and prosecute according to the criminal law. However, some states have altogether different laws for the two matters and perform its jurisdiction accordingly. The law comes under the states’ list of law matters and therefore, the federal system does not deal with slanders, libels and defamations, …show more content…
If a written contract is in place for a real estate deal, then both the federation and the state jurisdiction are responsible for protecting the rights of the petitioner and giving a judgement in light of justice. However, some states even allow an oral contract to be in place for real estate deals. Most of the states do not find it to be an appropriate ground for issuing a decision on the matter. What is to be observed here is that oral contracts are not enforceable and even though they can be recognized by both the parties as well as a few states, it is unenforceable under law. So, for a contract for real estate buying and selling should be in written format to be enforceable under the law of the …show more content…
The Bill of Rights in the constitution of the USA clearly defines that no person should be discriminated on the basis of aforementioned reasons. If any violation of the law is observed, then it becomes the duty of the federal administration and jurisdiction to protect the constitutional right of the individual. In this case, even if the state wants, it cannot provide protection or exception to the discriminator. Therefore, any constitutional right comes under the federal
They are able to because the privileges and immunities clause allows them to the same things as that citizens in the other states have. If I am in north Dakota and want to travel to south Dakota I am able to because the people in south Dakota are able to move around and travel to north Dakota. The privileges and immunities clause means that a person in one state is entitled to the same privileges as the people that live in another state when they are in that other state.
1. Our great country was founded upon a high set of principles, values, and laws. Many of these are easily seen when looking at the United States constitution. The first ten amendments are what is commonly known as the Bill of Rights. This is good and all, but until the fourteenth amendment was passed, the Bill of Rights only was applied to the Federal government. The 14th amendment has a clause that says, "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." The Supreme Court ruled against “Total Incorporation”, but instead ruled in favor of “Selective Incorporation”. This meaning that the Supreme Court would define the constitutionality of the treatment of a citizen by the state.
Villiers, M. d. (2008). Substantial Truth in Defamation Law. New South Wales: University of New South Wales.
The Court ruled that the use of racial quotas in its admissions process is unconstitutional. Although the Supreme Court ruled that racial quotas were unconstitutional, in certain cases, more minority applicants could be accepted constitutionally. It was a five to four decision written by Justice Lewis Franklin Powell. Race can be looked upon in order to ensure educational diversity, but other admissions factors must be considered. For example, someone who is a minority cannot be accepted if they do not meet the academic qualifications. For this specific case, the medical school’s process did violate equal protection. The Equal Protection Clause forbids a state from denying anyone equal protection of the law.
As can be seen in various other Supreme Court rulings, both the United States Constitution and state constitutions affect civil liberties policymaking. As defined in Think: American Government, civil liberties are “the protection of the individual from the unrestricted power of government” (Tannahill 2012). In particular, the constitutional basis for civil liberties in America includes the First Amendment, which reads that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to assemble, and to petition the Government for a redress of grievances” (Tannahill 2012). In other words, the First Amendment prohibits the government from adopting laws that
...tee against arbitrary and malicious persecution of individuals by the state; by weakening those protections, the government has opened the doors to new encroachments on the liberties that all residents of the United States rightfully enjoy.
Theoretically, in a Federal system the sovereignty is shared between the national government and the local government but the ultimate sovereignty lies on the people. The federal government does not have the power to be involved in the states laws as they are only able to deal with national security, taxation and foreign affairs. The States however, deal with public welfare, education and justice. For instance, in different States there are different laws in executing criminals implemented as such in California death sentence is applied. However, it differs in practice whereby in the recent events the federal government is heavily involved in the public welfare especially when it dealt with major crises.
...minal history, race, sexuality or place of residency. It is all up to the judges now to decide whether the government provides valid reasons to categorize certain laws.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the States wherein the reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of laws; this brief description is known as the Fourteenth Amendment (Foner A-15).
The U.S. constitution contains no expression of valued rights in considering privacy. Therefore, the Supreme Court has adopted a rather narrow interpretation of the Fourteenth Amendment specifically in regards to the term liberty, as established in the due process clause . Earlier Supreme Court decisions were not concerned with how states constituted their residents. Thus, any state, at this time, was at the liberty to deprive its residents of their first amendment, freedom of speech, religion, and press. However, this is much leniency and room for interpretation in the Due Process Clause, because it may be stretched to constitute not only at federal level but the state level. Reinterpretation under the 14th amendment bonded the first ten Bill of Rights within state governments to protect the citizens’ liberty. State governments are then prohibited from denying persons within their jurisdictions the Privileges and Immunities of a United State citizen, and guarantees that all natural born citizens have Due Process and Equal Protection of their rights, this binding, in turn, created the incorporation doctrine . Thus, the due process clause does not govern how a state sets the rules for specific disciplinary procedures. For example, in the Bill of Rights it specifies that if a citizen were accused of a crime, then that citizen would have the right to defense from a lawyer. But, suppose the state, or federal, government did not privilege that citizen to a lawyer. Then, that government would have violated this citizen the right to due process that is assured in the constitution.
Humans have established their own rights in society for many, many years now. However, because some humans differ from the norms that are built in society, they are shunned and denied their rights until they conform to society’s norms. There have been numerous groups of people who have been denied their rights in America. African Americans, immigrants, Native Americans, and gays have been isolated simply because that is the way they were born into this world and others do not find them “normal”. There is another group that has also been mistreated though: people who identify themselves as transgender.
This amendment states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”(Legal Information Institute) This means all people born in the United States are citizens of America and the state in which they were born. No laws can be made to cut the privileges of citizens based on race. Life, liberty, or the pursuit of happiness cannot be taken without due process of law. An example is the case of Brown vs the Board of Education. This case went all the way to the Supreme Court. The ended with the segregation of schools being unconstitutional and discriminated against races. (Oyez-ITT) During this time period, on the other hand, racial groups that did not agree with this emerged. One example is the KKK emerged in 1865. They fought for white supremacy and believed blacks should not gain equal rights. Members would go on night rides and terrorized whoever they wanted during the quiet hours of the night. The Klan members wore white robes and hoods to hide their faces, but identify as a member. They caused a lot of violence and unrest, mostly to African Americans. As time progressed, the Klan has appeared in waves. They disappear for a while, but eventually show up again. They still have members today, but are becoming weaker. In the past, they have been known for tar-and-featherings, rape, and lynchings. (Southern Poverty Law
The Defamation Act 2013 was passed to help regulation on defamation to deliver more effective protection for freedom of speech, while at the same time ensuring that people who have been defamed are able to protect their reputation. It is often difficult to know which personal remarks are proper and which run afoul of defamation law. Defamation is a broad word that covers every publication that damages someone's character. The basic essentials of a cause of act for defamation are: A untruthful and offensive statement regarding another; The unprivileged publication of the statement to a third party; If the offensive situation is of public concern, fault amounting at least to carelessness on the share of the publisher; and Injury to the plaintiff. Slander and libel are both kinds of defamation, which refers to statements that hurt another person's name. While there are connections, each concentrate on different forms of defamation approaches. Normally, this will include not only the use of certain words to harm a reputation, but also activities such as finger signals or facial expressions in order to emphasize the fabrication that is being dispersed. If the statement is made in writing and published, the defamation is called "libel." Libel deals with printed matter, TV and radio broadcasts, movies and videotapes, social media sites, even blogs, emails, even drawings on a wall. An unpleasant statement is verbal; the statement is "slander." Slander explains defamation that you can overhear, not see. It is commonly spoken statements that distort someone's reputation. The government can't jail someone for making a defamatory statement since it does not break the law. Instead, defamation is considered to be an infringement of a person's ...
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
According to Corley, Reed, Shedd, and Morehead, (2001) “the most important statue eliminating discriminatory employment practices, however, is the federal Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act o 1972 and the Civil Rights Act of 1991.” The appropriation section o...