Slander

Definition

Slander refers to the act of making false spoken statements that damage a person's reputation. It is considered a form of defamation, which encompasses both slander (spoken) and libel (written). Understanding slander is crucial in legal contexts, as it can lead to civil lawsuits where the injured party seeks compensation for reputational harm.

5 Must Know Facts For Your Next Test

1. Slander is specifically related to verbal statements, as opposed to libel, which pertains to written or published statements.
2. In a slander case, the plaintiff must demonstrate that the statement made was false, defamatory, and made with negligence or actual malice.
3. Certain defenses against slander include truth, opinion, and privilege, which can protect individuals from liability if they meet specific criteria.
4. The damages awarded in slander cases may include general damages for reputational harm and special damages for economic losses directly caused by the slanderous statement.
5. In many jurisdictions, public figures have a higher burden of proof in slander cases due to the need to prove actual malice on the part of the speaker.

Review Questions

• How does slander differ from libel in terms of its definition and implications?
  • Slander differs from libel primarily in its medium; slander involves false spoken statements, while libel refers to written or published statements. Both fall under the umbrella of defamation, but the legal standards and evidentiary requirements may vary. Slander cases often rely heavily on witness testimony since they deal with spoken words, while libel can be supported by physical evidence like articles or posts.
• What are some defenses against a slander charge, and how do they impact the outcome of a legal case?
  • Defenses against slander charges include proving that the statement was true, which is an absolute defense. Another defense is claiming that the statement was an opinion rather than a fact. Privilege, whether absolute or qualified, can also protect individuals from liability. These defenses significantly impact case outcomes because if successfully argued, they can lead to dismissal of the case or reduced damages.
• Evaluate the role of burden of proof in slander cases and how it affects the strategies employed by both plaintiffs and defendants.
  • The burden of proof in slander cases typically rests on the plaintiff, who must show that the statement was false and defamatory. This requirement influences how plaintiffs gather evidence and present their case, often needing witnesses who heard the statement. For defendants, knowing they can counter with defenses like truth or opinion shifts their strategy towards demonstrating that the plaintiff cannot meet their burden. This dynamic can significantly shape the legal tactics used throughout the trial.

Related terms

defamation: The act of communicating false statements about a person that injure their reputation, which can be categorized into slander or libel.

libel: A form of defamation that involves false written statements that damage a person's reputation.

burden of proof: The obligation to prove one's assertion, which in slander cases often falls on the plaintiff to show that the statement was false and damaging.