Media English Suing for Libel 指導老師:黃大夫 班級:夜二技應英四甲 組員:696C0009 蔡依倫 696C0010 蔡定樺 696C0014 陳佩誼 696C0020 陳秀鳳 696C0022 王美菊 工作分配 1.696C0010 蔡定樺:資料搜尋,上台報告Introduction. 2.696C0020 陳秀鳳:資料搜尋,上台報告Libel/Damages. 3.696C0022 王美菊:資料搜尋,上台報告Actionable/Libel action. 4.696C0009 蔡依倫:資料搜尋,上台報告Writ / Lawsuit/ Sue for Libel. 5.696C0014 陳佩誼:資料搜尋及統整, Power Point製作. Introduction-Process • Suing for libel 控告某人誹謗 • 訴訟案件 = 事件 -> 誹謗 -> 控告誹 謗 ->可提出告訴的 ->訴狀->誹謗訴 訟 ->損害賠償金。 • Lawsuit = an incident -> libel -> sue for libel -> actionable->writ -> issue a writ -> libel action -> damages. 一、Libel：誹謗 ◎Definitions / 定義 (1) Libel is a publication without justification or lawful excuse which is calculated to injure the reputation of another by exposing him to hatred, contempt or ridicule." 誹謗是指沒有正當的理由或沒有合法的理由，故意揭發對他 人的敵意、恥辱或嘲笑，以損害他人的名聲(名譽)的一種發表。 (2) Libel is false or malicious claims that may harm someone's reputation. 誹謗是指以不實的或蓄意的主張傷害某人的聲譽。 (3) Libel refers to any other form of communication such as written words or images. That may give an individual, business, product, group, government or nation a negative image. 誹謗是指以任何形式傳播,給予個人，商業，產品，團體，政 府造成負面形象。 ◎Synonym/同義字 libel (n)： (文字、書面、圖畫等)誹謗 →vilification誹謗 make vilification of →slur 毀謗 / 污點 / 潦草的字跡 / 模糊的聲音 Cast a slur on somebody’s good name. →slander (口頭/文章)公然誹謗 「罵人許純美 公然侮辱起訴」 Slander suit filed for calling someone "Xu Chun Mei" ★補充： What is the difference between libel and slander ? Libel is written defamation and slander is oral defamation. ★補充： present participle British English libelling or American English libeling, simple past and past participle British English libelled or American English libeled. ★【其他同義字】： calumny誹謗 / aspersion誹謗 / traducement 誹謗 denigration 損貶 / defamation損害名譽 / obloquy污名；恥辱 ★【相關專有名詞】： seditious libel煽動性的誹謗.. blasphemous libel褻瀆的誹謗 commit libel 犯誹謗罪 ★ 補充： Fair Comment and Criticism 公正評論與批評 ◎Synonym/同義字 (2)libel (v)：誹謗 →vilify誹謗 →slander (口頭/文章)誹謗 That article is a slander on us. →smear 誹謗；中傷 That is a vicious smear. (惡意的中傷) →defame誹謗；破壞~的名譽 ★補充： de- 表「否定；減少；離開」 fame (n)：名聲、名望 →malign誹謗；中傷 This politician has been maligned by the newspapers. 二、(Libel) damages： (法律)損害賠償金 ◎Definitions / 定義 (1) Harm or injury to property or a person, resulting in loss of value or the impairment of usefulness. 危害或者對財產或者一個人，價值的導致損失或者 用途的虧損的傷害 (2) Law Money ordered to be paid as compensation for injury or loss. 被作為對受害者或損失者的法律補償支付 (3) Informal Cost; price 非正式費用；價格 News/ 新聞 (1)Beckham wins libel damages England captain David Beckham has accepted substantial undisclosed libel damages over a claim he mounted a telephone hate campaign against former nanny Abbie Gibson. (2) Kidman wins libel damages • Kidman recently won another case against a newspaper Actress Nicole Kidman has received undisclosed libel damages from a newspaper after it wrongly said she was having an affair with actor Jude Law. Damage (Noun) →賠償金 - injury or harm caused to a person or thing - Informal cost： What's the damage? ★補充： damages = indemnification = compensation →損害 - the occurrence of a change for the worse impairment, harm change , modification →損失；損傷；損毀 -an event that occurs when something passes from one state or phase to another -detriment, hurt - a damage or loss -deformation, distortion - a change for the worse damage (Verb) →損害；傷害；損毀 - the act of damaging something or someone She damaged the car when she hit the tree. ★補充【同義字】： total - damage beyond the point of repair; His new car was totalled at the accident. bruise - damage (plant tissue) by abrasion or pressure The customer bruised the strawberries by squeezing them. impair - make worse or less effective Poor food impaired her health. damaging (adj) →有害的 His resignation is very damaging to the government. 三、 Actionable 可控告的,可起訴的,可提告的 Definition：affording grounds for legal action Example： Slander is an actionable offense That may be the subject of an action or suit at law; as, to call a man a thief is actionable. Synonymies：indictable/litigable / prosecutable suable/presentable/impeachable 補充：Cause of action/ claim defendant (accused)/deponent (witness)/plaintiff 三、 Actionable • 訴訟原因 • There are a number of specific causes of action, including: contract-based actions; statutory causes of action; torts such as assault, battery, invasion of privacy, fraud, slander, negligence, intentional infliction of emotional distress; and suits in equity such as unjust enrichment 三、 Actionable 何謂集體訴訟? -What is a class action lawsuit?-"class action" lawsuit is one in which a group of people with the same or similar injuries caused by the same product or action sue the defendant as a group. If they win, they divide up the class recovery fund according to the amount each person lost. 四、 Libel action：誹謗訴訟 Libel action=Take action against (1) Rod Stewart has won the first round in a ￡15 million libel action against a newspaper which claimed he cheated on wife Rachel Hunter with her agreement. (2) Materazzi wins apology over claims Written by: Soccerway 2008-04-07 17:38:05 The Inter Milan centre-back, who scored Italy´s equaliser and one of the crucial match-winning penalties in the shoot-out, was at London´s High Court for the settlement of his libel action against Express Newspapers, over articles in the Daily Star. (3) Mom loses 'ugly' libel action London - A British woman lost a libel case in London's High Court on Monday against her daughter, who accused her mother in a book of cruelty and neglect. "My mother would call me ugly, call me a dirty little whore, call me potato head, call me Miss Pissabed ... and Scarface," she told the court earlier in the hearing. • 補充 • Action speak louder than words 行動勝於言辭 • Strike action-A deliberate absence from work • Action film • Action doll 五、 Writ (N)：令狀，訴狀 ◎ Definition： A written order, issued by a court, ordering someone to do (or stop doing) something. ◎ Synonym： 1.pleadings (訴狀): a document filed a lawsuit，常用於非 刑事訴訟 2.complaint / plaint (起訴，起訴書)：第一次起訴時用 ※In a civil action, the first pleading of the plaintiff setting out the facts on which the claim is based. ※In criminal law, the preliminary charge or accusation made by one person against another to the appropriate court or officer, usually a magistrate. 3.indictment (起訴書)：an official written accusation on behalf of the government for a serious offense; a document outlining serious charges of an accused. 正式 的用法，由法院代表政府 六、 Lawsuit (N) 訴訟(尤指非刑事案件) ◎ definition： 1. An action or a suit brought before a court, as to recover a right or redress a grievance 2. A case in a court of law brought by one person or group against another ◎ synonym： 1.cause(訴訟) 2.action(訴訟): a charge or other process in a law court. 3.suit(訴訟): a process instituted in a court of law for the recovery of a right or claim; a lawsuit. 4.litigation(訴訟): the conduct of a lawsuit. 正式的用法 5.case(案件，訴訟): A legal proceeding, lawsuit 6.proceeding(訴訟，訴訟程序): The act of one who proceeds, or who prosecutes a design or transaction 七、Sue for libel：控告某人誹謗 sue (V.)控告，對…提起訴訟(常用於非刑事訴訟) + for ◎ Definition: To file a legal action against someone, generally a noncriminal action. ◎ Synonym (V)1. indict(起訴的正式用語): indict + for/with Ex. He was indicted with breaking a contract. 2. prosecute(起訴，告發): prosecute+ for Ex. He was prosecuted for drunken driving 3. charge(控訴): charge + with Ex. He was charged with stealing. 4. impeach(起訴，控告): impeach + for/of/with Ex. A citizen impeached mayor for taking bribes 5. accuse(控告，指責): accuse + of Ex. He was accused of murder. ◎ Synonym (n)- prosecution，complaint(plaint)， indictment，charge，accusation。 EX: Each airline chief is suing the other for libel arising from accusations of alleged dirty tricks and smear tactics. 兩家航空公司老闆在互控對方誹謗，這 起 因於他們互指對方耍詭計和抹黑策略 ◎ NEWS: 1.Sizemore Plans to Sue Defend Oregon, OEA, for Libel and Slander Conservative activist Bill Sizemore says he plans to sue the Oregon Education Association and Defend Oregon for libel and slander. 2.Lawmaker attacked by DPP supporter Dec. 16, 2008 TAIPEI, Taiwan -- A Democratic Progressive Party supporter attacked Kuomintang lawmaker Chiu Yi(邱毅) yesterday for trying to impeach Chou Chan-chun(周占春), a Taipei district court judge who released former President Chen Shui-bian without bail on Saturday. Chiu visited the Control Yuan in the morning to file complaints against Chou and request an investigation that he hopes will lead to an impeachment of the judge. 八、 Issue a writ：提出訴狀 ◎ Definition：When someone starts legal action for libel, they issue libel writ. ◎News: Palace issue writ against Dowie May 30 2006 Palace have issued a writ against former boss Iain Dowie in dramatic style. The legal papers for the writ were issued by Jordan's lawyers during the press conference at Charlton's unveiling of Dowie as their new head coach. Dowie left Palace last week claiming that he wanted to be nearer his family who live in the North East. We served the writ on Iain because he does not tell the truth," Jordan told Sky Sports News from his holiday home in Marbella. "He fraudulently obtained a release from his contract under misrepresentation. Sue for、issue a writ (控告，起訴)之其他表現方式 提告，控告：take legal actions (against 人; on/over 事) - lay/take an accusation against -，- bring a suit against -， - bring in an indictment against -，- present an indictment against -，- processed against -，- file a lawsuit against - ，- go to court over sth. - 。 Ex. If you still fail to settle the debt, we will take legal actions against you. 提告，控告：file a lawsuit (以人為主詞) - take sb. to court -，- conduct a suit -，- file an action - ， - bring a case to court - ，- be under indictment (被控 告)–。 Ex. If you still refuse to effect payment, we will file a lawsuit at the court. 提告，控告：be brought up to a lawsuit (以事為主詞) - be brought up to a suit / an indictment / an action -，- on the charge of -。 Ex. If you still leave the debt unpaid, the issue will be brought up to a lawsuit. 若貴公司再不還錢, 我們公司就要訴諸法律行動. Activists threaten lawsuit over Beitou project TAIPEI, Taiwan -- With Taipei’s Maokong Gondola cable car system shut down over safety concerns, environmentalists on Wednesday threatened to file a lawsuit against Taiwan’s former Environmental Protection Administration (EPA) minister Hau Lungbin, Taipei’s current mayor, for not having done an environmental impact assessment on another project — the Beitou cable car system. Appeal (V):上訴 ◎ definition：to apply for the removal of a cause from an inferior to a superior judge or court for the purpose of reexamination of for decision. Special Counsel appeals Chen Shui-bian release TAIPEI, Taiwan -- Prosecutors of the Special Counsel filed an appeal for continued detention of former President Chen Shui-bian yesterday. THE END Thanks for your listening.