Dictionary of Law
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fair comment :: legal definition


Fair comment - n. a statement of opinion (no matter how ludicrous) based on facts which are correctly stated and which does not allege dishonorable motives on the part of the target of the comment. The U.S. Supreme Court has ruled that to protect free speech, statements made about a public person (politician, officeholder, movie star, author, etc.), even though untrue and harmful, are fair comment unless the victim can prove the opinions were stated maliciously-with hate, dislike, intent and/or desire to harm. Thus, a public figure may not sue for defamation based on published opinions or alleged information which would be the basis of a lawsuit if said or published about a private person not worthy of opinion or comment. This is a crucial defense against libel suits put up by members of the media.

See also: defamation libel public figure slander and Related Law Terms ↓


Related Law Terms

abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
account stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence
advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit
affirmative defense :: n. part of an answer to a charge or complaint in w ... lp the defendant. See also: defense
allegation :: n. a statement of claimed fact contained in a comp ... sure of a fact. See also: complaint
articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer.
constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
corporation :: n. an organization formed with state governmental ... ation public corporation securities
count :: n. each separate statement in a complaint which st ... also: cause of action common counts
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
declarant :: n. the person making a statement, usually written ... also: affiant affidavit declaration
defamation :: n. the act of making untrue statements about anoth ... comment libel public figure slander
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will
domicile :: n. the place where a person has his/her permanent ... where its headquarters is located.
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance.
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate.
incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
innuendo :: n. from Latin innuere, "to nod toward." In law it ... See also: defamation libel slander
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence
jurat :: (jur-at) n. Latin for "been sworn," the portion of ... wledgment declaration notary public
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
prior restraint :: n. an attempt to prevent publication or broadcast ... e words of Sir William Blackstone).
privacy :: n. the right to be free of unnecessary public scru ... lso: public figure right to privacy
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals.
public figure :: n. in the law of defamation (libel and slander), a ... See also: defamation libel slander
public utility :: n. any organization which provides services to the ... nder state laws. See also: monopoly
publication :: n. 1) anything made public by print (as in a news- ... so: defamation libel notice slander
reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
reputation :: n. a person's good name, honor or what the communi ... See also: defamation libel slander
retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights
state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process
Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
will :: n. a written document which leaves the estate of t ... will and testament probate testator

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - F

face amount :: n. the original amount due on a promissory note or ... rein, without calculating interest.
face value :: n. in shares of stock, the original cost of the st ... on the certificate, or "par value."
fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury).
fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact
factor :: n. 1) a salesman who sells in his/her own name on ... ing that contributes to the result.
failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract
failure of issue :: n. when someone dies leaving no children or other ... ildren or other direct descendants.
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
fair market value :: n. the amount for which property would sell on the ... so: appraise appraiser market value
fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states.
fair use :: n. the non-competitive right to use of copyrighted ... for a royalty. See also: copyright
false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment
false imprisonment :: n. depriving someone of freedom of movement by hol ... for damages. See also: false arrest
false pretenses :: n. the crime of knowingly making untrue statements ... orm of theft. See also: fraud theft
family :: n. 1) husband, wife and children. 2) all blood rel ... ting this economic and social unit.
family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission.
federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy
federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction.
Federal Tort Claims Act :: n. a statute (1948) which removed the power of the ... diction to federal district courts.
fee :: n. 1) absolute title in land, from old French, fie ... See also: attorney's fee fee simple