This is a sticky situation. The student running is wanting to be the face of the students so he could be a public official, in that case there are a few rules about it. Let's pretend for a moment that he would be considered a public official:
The victim would have to prove:
a) Falsity: the statement must be false. (depends on if the candidate has AIDS)
b) Identity: the candidate was identifiable. (which he is)
c) Publication: at least one other person saw it. (which would happen)
d) Fault: the person must have known that the information was false at the time of broadcast or performance, OR was reckless in gathering information and performed wrong information. (once again depends on if the info is false)
e) Actual malice: that the skit was intending harm on the individual (obvious malice)
f) Harm: in defamation suits, the victim must receive some quantifiable harm (money) from the act. (depends on how the outcome unfolds)
In this case, I would see it possible that a defamation via slander could be made.
Now, another problem comes into play. Their is a fair amount of ability for people to parody public figures, otherwise Saturday Night Live would be in some trouble. So that limit would have to be set by the courts, unless they have already done so.
Now let's pretend that because the person is a student and therefore under the jurisdiction of the school/university, and therefore a private citizen.
Because private citizens aren't asking for their lives to be broadcast, they are given extra protection than those that are putting themselves in the public light.
They can file what are called privacy torts:
1) Publication of private facts: if he does have AIDS and counts as a private person, then he has a case.
2) He could also file for a intrusion to seclusion tort: in other words, if the way the opponent found out about the AIDS is by hacking the kids computer, or breaking into his home, etc., then he also has a case.
Another way is 3) False Light: depicting him as something he is not, like using the fact he has AIDS to make him seem gay or deformed could prove a case.
Or he could file 4) appropriation: everyone has a right to his/her name and personality, using his name and the fact that he has AIDS could prove that the opponent running the skit was using the AIDS guy's personality (if you want to call it that) to benefit him without paying him, then he could have a case here. Basically, everyone has a right to make money/power off of his/her name.
Or, the person could fight this and win off something random, who knows with the courts these days.
Is it illegal to rent out a dwelling that has mold problems?
No, but I would rather have the moving van men get the objects and NOT have the mold-ridding men come because they might they might not be experienced. So I would just, if renting that place, look at the reviews of some people and pay them to rid the mold of your soon-to-be-rented place. You might just need to spend money on a better and cleaner home instead of spending it on getting rid of mold.
Can a POA sue a person even if the person who assigned POA is dead?
No. A POA expires when the principal dies.
What is the purpose of allowing appeals in civil cases?
The purpose of an appeal in a civil case is similar to the reason for allowing one in any other kind of case.
On the most basic level, it is to permit the reviewing court to determine if the trial court (1) applied the correct law to the facts that were adduced by the evidence; and (2) applied the law correctly to those facts.
As a general rule, the appellate court does not retry the evidence, nor does its substitute its view of the evidence for that of the trial judge or jury (if there had been a jury trial). Instead, it considers issues of law to ensure that the correct law was applied to the facts and that it was applied correctly.
The result of an appeal is that the trial court's (or jury's) determination is affirmed (meaning, it is left alone), reversed (meaning that it is overturned), affirmed in part and reversed in part, or remanded back to the trial court for a new trial with specific instructions as to corrections that must be made from how the trial was handled originally.
How long do you have to file assault and battery in Georgia after the assault happened?
In Georgia, the statute of limitations for filing a civil lawsuit for assault and battery is generally two years from the date of the incident. However, if it involves a criminal case, the time frame can vary based on the specific charges. It’s important to consult with a legal professional to ensure compliance with applicable deadlines.
How much is a broken arm worth in a car accident?
Value would depend on similar case settlements in the state the accident occurred. Generally accident claims involving broken bones settle for higher amounts than those without. Speaking with an attorney who is experienced with such cases should be able to help you determine the value of your injury claim.
What is the difference between general damages and special damages?
How are ordinary damages are different from special damages
yes you can and you should! file a report
A professional tort refers to a wrongful act committed by a professional, such as a doctor, lawyer, or accountant, that results in harm or injury to a client or third party. This type of tort typically involves negligence or misconduct in the performance of professional duties, leading to damages that the injured party may seek to recover through legal action. Common examples include medical malpractice and legal malpractice, where professionals fail to meet the established standards of their respective fields.
What are the ingredients of tort?
a wrongful act by the defendant, legal remedy, legal damage to the plaintiff
Proof beyond reasonable doubt in criminal cases to convict is required by?
The question is worded backwards - proof byond a reasonable doubt IS the standard by which convictions are determined.
What characteristics does a criminal offense have as distinguished from a civil wrong?
Criminal offense is prosecuted by the state.
Civil wrong is prosecuted by the individuals if it's applied to the court.
How does a realtor bring a case to court?
The realtor, themselves, must be the aggrieved party in the action. They can file a civil case with the Clerk of the Court just like anyone else who has a civil cispute.
You must identify the employee as clearly as possible. If you know the employee's name or partial name, you must provide it.
High-profile tort law liability case?
was the case where tort law is based on from a precedence that was made as there was no current law that protected people because she did not buy the product herself the company did not have a duty of care with her only the person that bought the item its self
Are federal medical professionals able to be sued for malpractice?
If the medical professional is negligent in the performance of his/her professional duties within the course and scope of his/her duties as a government physician, nurse or other professional, he or she is protected by a concept called "sovereign immunity". It affords limited protection for negligence to the extent that the law requires several steps to be taken before a lawsuit can be filed. Most of these have to do with pre-suit notice and sometimes, a more limited time within which to file suit (than would be the case were a private physician to be subject to suit). Additionally, applicable law may limit the damages that can be awarded, and the suit would have to be filed in federal (rather than state) court.
Physician negligence is medical malpractice in the forms of injury or death causing errors such as
Proving medical malpractice involves proving negligence such as in a personal injury lawsuit with slight deviations.
What are the potions for sue on Sue's Witch Magic Makeover?
1) Purple Gem for Sue's Eye Color.
2) Pink & Flesh for Sue's Skin Color.
3) Bunny for Sue's Head or Face.
4) 2nd Bottle for Sue's Body (Shape).
5) First of everything that you haven't clicked.
6) YOUR A WINNER! CONGRATULATIONS!
http://wiki.answers.com/Cheats_for_sue's_witch_magic_makeover#ixzz16ocuV0RX
Toxic lead refers to the heavy metal lead which can have harmful effects on human health when ingested or inhaled. Lead exposure can lead to various health problems such as developmental issues in children, cognitive impairment, and damage to organs like the kidneys and nervous system. It is important to minimize exposure to lead through practices like handwashing and avoiding products that may contain lead.