g*b
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loop (loop) 于 (Wed Dec 31 16:12:26 2003) 提到:
1。 如果只是在双方的Email和个人通信里进行人身攻击和威胁；
2。 扩散到和一方认识的第三方。
3。 扩散到不特定的大众，比如在买卖堤上，或者象上面贴中所说的发布传单。
上面那一种可以认定是侵权？可以提出何种诉讼？需要保留什么样的证据和证人？
美国没有什么案例支持？
多谢！
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littletigger (好好学习天天向上) 于 (Wed Dec 31 23:51:08 2003) 提到:
This is just for a hypothetical discussion. It serves no other purpose and is
not intended as an advice. And it is just an inexperienced 1L's view after one
semester's superficial study of Torts.
You may have two causes of actions in Torts.
1. Intentional infliction of emotional distress. Without any physical damage,
this action is hard to prove, unless you can show the defendant's conduct is
1)intentional or reckless,2)extreme and outrageous,3)causal connection between
wrongful conduct and the emotional distress, 4)emotional distress must be
severe.
2. The second cause of action you may have, for scenario 2 & 3, is defamation,
the elements of which are: 1)the defendant made a defamatory statement, 2) the
defendant communicated ("published") the statement to a third party, and 3)
the statement could reasonably be understood to refer to the plaintiff. But
the First Amendment gives anyone the right of free speech, which may be used
as an effective defense.
You may also have a tort of assault, however, threats about doing something in
the future usually won't do, it generally needs to be an immediate
threat---"Your money or your life."
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LieHeart (莱因哈特) 于 (Thu Jan 1 02:21:53 2004) 提到:
littletigger, 这个问题都回答了，不能回答一下上一个问题么？
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littletigger (好好学习天天向上) 于 (Thu Jan 1 03:26:50 2004) 提到:
Sure. But I am not sure it is helpful to you. I don't understand the sentence
"B并非公众领域"---but that probably would not affect my answer.
I think you can have a defamation case in your hypo. But given what you
described, I highly doubt anyone would file a lawsuit for it. Law is not free.
One kind of people who would file such a lawsuit, I think, is those rich and
arrogant Hollywood stars. The damage you can claim in such a case is
nominal---you suffer neither economical nor physical damage. So even if you
win, you win nothing economically and you need to pay for your attorney out of
your own pocket.
It is a free country:) Just listen to what Jay Leno has to say every night. If
all the people he defamed file lawsuits against him, he would have to live in
the court 48 hrs a day. But I admit it is somewhat different since people have
developed more tolerance to what he said, but not to anybody, especially a guy
who they don't like.
A easy solution, I guess, is to talk back or just ignore the sick A. I am not
sure this is a problem the Law chooses to resolve.
在美国，A发传单骂B（B并非公众领域）是猪之类的（B并非胖子），只是定性的评论，但
未涉及任何具体的事情的描述。随后B把A告上法庭，一般会产生什么情形？
此乃受国内朋友之托，还请各位不吝相助！多谢先了！！！
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