Where should we draw the line?

By
Responsive Centered Red Button

Need Help with this Question or something similar to this? We got you! Just fill out the order form (follow the link below), and your paper will be assigned to an expert to help you ASAP.

Order Form

Learning Goal: I’m working on a business law discussion question and need a sample draft to help me learn.DefamationLearning Objectives Recognizing what is the law on defamation;
Learning how a body of law in one subject/area could be used in another legal area;
Understanding why it is important to separate the story from the facts.
Guidelines Write at least 150 words.
The majority of your post must be original words, thoughts and ideas.
Identify the source of all information that you use.
All posts must be typed in the discussion Canvas message box, not attached as a document.
Do not use one paragraph, separate into short paragraphs.
Points will be deducted if guidelines are not followed.
Note: See grading rubrics for weekly discussionsOverview on the Law Laws can be classified in several different categories. One of the most common ways to classify laws is: Civil (disputes between members in society, including individuals, corporations and government agencies), Criminal (crimes against the state) and Regulatory. (government agencies regulating certain activities, such as the flow of goods and services in a society).A “cause of action” is the legal theory under which one party (the “plaintiff”) is using to sue another (the “defendant”).A “tort” is a civil wrong that is not a breach of contract. Therefore, if a “civil lawsuit” is not about a breach of contract, then it involves some sort of tort. Torts can be divided into different categories: intentional torts (where the focus is on the “intent” of the defendant when s/he was committing the wrongful act), negligence (where the focus is on the “duty of care” owed by defendant to plaintiff), and strict liability (where the focus is on the activity of the defendant that gives rise to the legally imposed duty).Defamation Defamation is the communication of a false statement that harms the reputation of a person, business, product, group, government, or some other entity. Defamation is one of the many torts in the subcategory of intentional torts. If you recall, a tort is a civil wrong that is NOT a breach of contract.Under common law, to constitute defamation, a claim must be false and it must have been made to someone other that the person being defamed. When the defamation is spoken (i.e., oral) it is called slander; and when the defamation is in a written form, it is called libel.Defamation, as a tort, has come into the national interest recently involving the case of Stormy Daniels, Donald Trump, and Trump’s personal lawyer, Michael Cohen.Non-Disclosure Agreements (NDA) A non-disclosure agreement (“NDA”) is a legally binding contract that establishes a confidential relationship. Information is power and that is why people will often go to great lengths to keep certain information private. Certain types of information may give a company a competitive advantage (e.g., trade secrets) while others can ruin reputations, sink political careers or result in expensive divorces.NDAs are commonly used in the business world, particularly with respect to employees, partners, and intellectual property. The party or parties signing the NDA agrees that certain information, whether it is a company’s trade secret(s) or a politician sordid extramarital affair(s), are to be kept private. There are generally financial consequences when the offending party breaches an NDA.Breach and enforcement of NDAs are generally via private arbitration to keep the confidential information private. NDAs are seldom enforced in the court because of the public nature of the court system where the documents can become public records.Assignment BackgroundMs. Daniels and Mr. Cohen entered into a confidential non-disclosure agreement (NDA), where Mr. Trump was the beneficiary. Mr. Trump did not sign the NDA. In exchange for $130,000, Ms. Daniels promised not to disclose a sexual affair with Mr. Trump that he publicly claims “he never had” with Ms. Daniels. Ms. Zervos’s NDA situation is similar to Ms. Daniels.As you may recall in the news, Mr. Trump vehemently denied having sexual liaisons with other women during his marriage to Melina Trump. Mr. Trump claimed the affairs never happened, it was all “fake news” and all the women who were named were all liars. In a situation like this, Mr. Trump should have just kept quiet. To quote what Abraham Lincoln, the 16th president of the United States, once said: “It is better to keep quiet and be called a fool, that to open your mouth and be proven one.”Instead, Mr. Trump when on the offensive and publicly accused the women of being liars. His comments opened him up to legal attacks. Ms. Daniels filed a lawsuit against Mr. Trump to be let out of her NDA so she can defend herself against his strident accusations. Other plaintiffs, including Ms. Zervos, also filed suit.Ms. Daniel’s case is interesting in many ways, including its novel approach to using the intentional tort of defamation to attack the validity of the NDA contract. Using one body of law to attack enforcement in another body of law.Reading AssignmentRead the following articles:Judge orders Donald Trump to pay Stormy Daniels $44,000 in legal fees.https://www.theguardian.com/us-news/2020/aug/22/donald-trump-stormy-daniels-legal-fees-non-disclosure-agreement

How to create Testimonial Carousel using Bootstrap5

Clients' Reviews about Our Services