Regardless. In defamation cases the burden of proof lies entirely with the plaintiff, Pacquiao, and most states recognize what is known as an "opinion privelege".
The elements required in a defamation case concerning a public figure are as followed. 1. The statements made must be false. The burden of proof is put entirely on the defense to prove. Can someone tell me what Floyd or anyone related to him have said that has been false? 2. The statements made must be made with malice aforethought. Which means that not only do they have to be false, but the person making the statements must know that they are false and foresee the damage they would cause. In the case of a newspaper publication recklessness will satisfy the requirement, but in terms of one person recklessness has never satisfied this requirement. There is no case because nothing anyone has said can be proven to have been made with malice aforethought. If you are a lawyer and would like to debate any of this go ahead, but Pac fans who are from the Phillipines need to stop acting like they know anything about the law. I have seen people saying that Floyd will go to jail for his comments? Really? Theres criminal defamation of character? This isnt Russia people. This is the united states and our laws are as followed. People threaten suits all the time, however, this case would be dismissed on the first motion. Also, if Pac did proceed, PBF should make a motion to dismiss challenging the first element and hope Pac underwent all the tests to try to prove he wasnt and then after he gets poked with all those needles file a motion to dismiss claiming the second element is not present and get the case dismissed.
Not sure if you're actually a lawyer (you couldn't figure out the difference between "our" and "are"), but everything you said is true in regards to defamation/slander. The only way this could ever hold up is if the case was brought in the Philippines and their laws vary drastically .
So that stops you from reading what was said , ***ing idiots the Pac fanboys and this board contain the biggest fools on the web , what the guy said is right Pac has no ***ing case !!! it would be a Gatti win for Floyd .
Wow your not trying hard don't you? I bet you did not even pass in the exam. If your a lawyer let me see your license number.
This is not english. And no lawyer will give out their license number on a public forum. Again, if you want facebook me. you can see the firm I work for, my email address...hell even my picture. I really couldnt care less, but this is not a case. Also to whoever called this business 101, anyone who went to law school would know that defamation is covered in either property law as the Vanna White case proved that people have a property interest in their identity, or in Torts. Usually it is included in torts. Business law has nothing to do with defamation.
Feel free to facebook me. I am not sure how you think lawyers speak or write on internet forums. But if you want pm me and ill send you my facebook. I mean I guess I could have stolen a law firms email address, gotten 500 friends who post on my wall about law and work and also posted on my wall dating back to when I was in law school years ago. So yes, I could have been planning this for years, or I am a lawyer and there is no case. Not only am I a lawyer, but I also was top 5% of my class. As for how lawyers speak. Lawyers speak like humans. "legalize" as they call it is a dying language and is frowned upon.
TS graduated from Crackhead University and I heard your English professor is Crackhead Sr.
Not sure if you're actually a lawyer (you couldn't figure out the difference between "our" and "are"), but everything you said is true in regards to defamation/slander. The only way this could ever hold up is if the case was brought in the Philippines and their laws vary drastically .
I changed that immediately. I type over 100 wpms. I really do not pay attention while I type other than the points that are in my head. So again I do not pay attention to grammar on an internet forum. Briefs and motions are completely different. However, ask any judge about the type of grammar they get in briefs and motions and I assure you they see far worse than what im typing on a message board.
Your first mistake was saying that you were a Lawyer. Now the mindless hordes of *******s will jump on that instead of addressing the information in your post.
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