Premium Essay

Case Brief: Orlando V. Cole

In: Other Topics

Submitted By banannnna
Words 344
Pages 2
Case Brief

Orlando v. Cole (2010)

FACTS
Joseph M. Orlando filed a complaint for slander against fellow attorney, Garrick F. Cole. Allegedly, Orlando suffered harm to his reputation as a lawyer when Cole made false comments about his role in an investigation involving a 17-year-old student and a high school basketball coach, Thomas A. Atwater. At the time, Atwater was unrepresented and approached Orlando to admit that he had in fact sexually assaulted the high school student. He signed an affidavit and confessed to the police, while Orlando spoke to the media and gave them a copy of Atwater’s affidavit. Cole, who was now representing Atwater, told the same reporters that the affidavit was “inaccurate” and Orlando’s actions were “fraudulent” and “deceitful”.

ISSUE
Are the comments made by Cole reasonably susceptible of a defamatory connotation? Are Cole’s statements ones of fact, opinion, or a combination of both?

RULE
“A statement is defamatory in the circumstances if it discredits a person in the minds of any considerable and respectable class of the community.”
“The determination whether a statement is one of fact or opinion is generally considered a question of law” because “under the First Amendment, there is no such thing as a false idea”.

APPLICATION

In this case, the court concluded that the comments made by Cole are susceptible of a defamatory connotation because the terms used include “inaccurate”, “fraudulent”, and “deceitful”- which all imply misconduct. Orlando’s conduct and Cole’s allegations that the affidavit was “inaccurate” are factual due to the idea that they are capable of being proved false. The statements appear to be based on undisclosed defamatory facts, because the comments were not presented as opinions or in the context of cautionary language. Therefore, “within the context of the article, a reader could view Cole’s

Similar Documents

Premium Essay

Edsych

...Learning and Instruction 13 (2003) 465–485 www.elsevier.com/locate/learninstruc Not just Piaget; not just Vygotsky, and certainly not Vygotsky as alternative to Piaget Michael Shayer ∗ King’s College, University of London, 16 Fen End, Over, Cambridge CB4 5NE, UK Abstract There have been many interpretations published on the relative importance of the work of both Vygotsky and Piaget: often to the detriment of the latter. This article represents an attempt to discover the meaning and intention of the former by going back to the specifics of what he said and wrote. By reference to what they said of each other it is argued that by the early 30s they had reached almost identical positions regarding child development, and that the work of each is complementary to that of the other. The implications of this position for a theory of intervention for cognitive acceleration are then discussed.  2003 Elsevier Science Ltd. All rights reserved. 1. Introduction As we know from investigations of the process of concept formation, a concept is more than the sum of certain associative bonds formed by memory, more than a mere mental habit; it is a complex and genuine act of thought that cannot be taught by drilling, but can be accomplished only when the child’s mental development has itself reached the requisite level. (1) Throughout the history of the child’s development runs a ‘warfare’ between spontaneous and non-spontaneous, systematically learned, concepts. (cf...

Words: 9961 - Pages: 40

Free Essay

Wwesa

...4 Anonymous Hacktivism and Contemporary Politics Christian Fuchs 1. INTRODUCTION It is Friday, August 6, 2012, on the Internet. Sixty-seven years earlier, on August 6, 1945, the U.S. dropped the first atom bomb on Hiroshima. One hears a song by Trey Parker: "America. Fuck yeah. [. . .] So lick my butt and suck on my balls, America, fuck yeah! Whatcha' gonna do when we come for you now? (. . .) McDonalds, fuck yeah! Wal-Mart, fuck yeah!" Pictures of cats that look human are accompanied by the request, "I want to start a collection of my fetish catboys so post moar!" There is a link to a live cam on Times Square. One also finds an image showing a burning American flag that is accompanied by the logos of McDonald's and images of a can of Mountain Dew, the Statue of Liberty, a guitar player and a screaming bear. "You should kill yourself, fucking AMERRRICCAAA, you little fag- got." A rapper writes a new song and says that the first few minutes of the discussion in his thread will become part of the song. There is a story about a brother who tries to seduce his sister, but it turns out that his sister is a large arthropod. There is a thread with images of female but- tocks, accompanied by an announcement that one of the portrayed girls receives prank phone calls. One sees a picture of a couple having oral sex accompanied by the text "PORNO FUCK YEAH!" as well as a picture of a drunk sleeping man accompanied by the text "buddy passed out after 11 Coors...

Words: 9207 - Pages: 37

Free Essay

Farming

...Aquaponics—Integration of Hydroponics with Aquaculture A Publication of ATTRA—National Sustainable Agriculture Information Service • 1-800-346-9140 • www.attra.ncat.org By Steve Diver NCAT Agriculture Specialist Published 2006 Updated by Lee Rinehart, NCAT Agriculture Specialist © 2010 NCAT Aquaponics is a bio-integrated system that links recirculating aquaculture with hydroponic vegetable, flower, and/or herb production. Recent advances by researchers and growers alike have turned aquaponics into a working model of sustainable food production. This publication provides an introduction to aquaponics with brief profiles of working units around the country. An extensive list of resources points the reader to print and Web-based educational materials for further technical assistance. Introduction Contents Introduction ..................... 1 Aquaponics: Key Elements and Considerations ............... 2 Aquaponic Systems ...... 3 Organic Aquaculture .................. 11 Evaluating an Aquaponic Enterprise ........................ 12 References ...................... 13 Resources ....................... 13 Appendix I: Bibliography on Aquaponics ............. 20 Appendix II: Dissertations ................. 25 A quaponics, also known as the integration of hydroponics with aquaculture, is gaining increased attention as a bio-integrated food production system. Aquaponics serves as a model of sustainable food production by fol low ing certain principles: • The waste products...

Words: 12936 - Pages: 52

Free Essay

Ihrm

...M A G A Z I N E FA L L 2 0 0 2 Volume 20 Number 2 SPANNING THE GLOBE Duke Leads the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences...

Words: 58370 - Pages: 234

Free Essay

Spanning Globe

...M A G A Z I N E FA L L 2 0 0 2 Volume 20 Number 2 SPANNING THE GLOBE Duke Leads the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences...

Words: 58047 - Pages: 233

Premium Essay

Resource

...CHAPTER 2 CONCEPTUAL FRAMEWORK UNDERLYING FINANCIAL ACCOUNTING Show Me the Earnings! The growth of new-economy business on the Internet has led to the development of new measures of performance. When Priceline.com splashed onto the dot-com scene, it touted steady growth in a measure called “unique offers by users” to explain its heady stock price. To draw investors to its stock, Drugstore.com focused on the number of “unique customers” at its website. After all, new businesses call for new performance measures, right? Not necessarily. In fact, these indicators failed to show any consistent relationship between profits and website visits. Eventually, as the graphs below show, the profits never materialized, and stock prices fell. The lesson here: Although the new economy may require some new measures, investors need to be careful not to forget the reliable traditional ones. PRICELINE.COM Net unique offers by users 3.0 million 2.0 1.0 0 I II III IV 1999 I II III IV 2000 DRUGSTORE.COM Unique customers 2.0 million 1.5 1.0 0.5 0 I II III IV 1999 I II III IV 2000 Stock price $120 a share 80 40 0 I II III IV 1999 I II III IV 2000 2000-IV close $2.13 Stock price $40 a share 30 20 10 0 I II III IV 1999 I II III IV 2000 2000-IV close $1.03 Source: Story and graphs adapted from Gretchen Morgenson, “How Did They Value Stocks? Count the Absurd Ways,” New York Times (March 18, 2001), section 3, p. 1. 34 Copyright ©2008 John Wiley & Sons, Inc. Preview of Chapter 2 ...

Words: 23554 - Pages: 95

Premium Essay

Academic Performance

...GOFF, ANNE-MARIE, Ph.D. Stressors, Academic Performance, and Learned Resourcefulness in Baccalaureate Nursing Students. (2009) Directed by Dr. David F. Ayers. 135 pp. Despite extensive research establishing that stress affects problem-solving ability and coping, and leads to decreased learning, academic performance, and retention in nursing students, a paucity of research explores specific factors that could enhance these learning processes and outcomes. This explanatory correlational study examines the mediating effect of learned resourcefulness, the ability to regulate emotions and cognitions, on the relationships of stressors—both personal and academic—to academic performance in baccalaureate nursing students. Gadzella’s Student-life Stress Inventory (SSI) and Rosenbaum’s Self-Control Scale (SCS), a measure of learned resourcefulness, were administered to 53 junior level baccalaureate nursing students (92.5% female; 84.9% Caucasian; 9.4% African-American or Black) at a large urban university in North Carolina. High levels of both personal and academic stressors were revealed, but were not significant predictors of academic performance (p = .90). Age was a significant predictor of academic performance (p < .01) and both males and African-American/ Black participants had higher learned resourcefulness scores on the SCS than females and Caucasians. Total stress scores on the Student-life Stress Inventory showed that male participants perceived less stress (N = 4, M = 116.5)...

Words: 31374 - Pages: 126

Premium Essay

Viewcontent

...please contact epubs@scu.edu.au. Southern Cross University Doctor of Business Administration The contribution of business/management education, to small enterprise solvency Peter Ellis Submitted to Graduate College of Management Southern Cross University, in partial fulfilment of the Degree of Doctor of Business Administration. 2004 Copyright “The contribution of business/management education, to small enterprise solvency.” Copyright © 2004 by Dr Peter Ellis, who reserves all rights and asserts his right under the Copyright, Design and Patents Act 1988, to be identified as the author of this work. No part of this work may be used or reproduced in any manner whatsoever without written permission except in the case of acknowledged brief quotations embodied in this work. i Statement of original authorship I certify that the substance of this thesis has not been submitted for any other degree to date, nor is it currently being submitted for any other degree. I also certify that I have acknowledged all sources used and...

Words: 96678 - Pages: 387

Premium Essay

Manu 2013

...Use these links to rapidly review the document TABLE OF CONTENTS Index to Consolidated financial statements Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 20-F (Mark One) o REGISTRATION STATEMENT PURSUANT TO SECTION 12(b) OR (g) OF THE SECURITIES EXCHANGE ACT OF 1934 OR  ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended 30 June 2013 OR o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 OR o SHELL COMPANY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number 001-35627 MANCHESTER UNITED plc (Exact name of Registrant as specified in its charter) Not Applicable (Translation of Company's name into English) Cayman Islands (Jurisdiction of incorporation or organization) Sir Matt Busby Way, Old Trafford, Manchester, England, M16 0RA (Address of principal executive offices) Edward Woodward Executive Vice Chairman Sir Matt Busby Way, Old Trafford, Manchester, England, M16 0RA Telephone No. 011 44 (0) 161 868 8000 E-mail: ir@manutd.co.uk (Name, Telephone, E-mail and/or Facsimile number and Address of Company Contact Person) Securities registered or to be registered pursuant to Section 12(b) of the Act. Title of each class Class A ordinary shares, par value $0.0005 per share Name of each exchange on which registered New York Stock Exchange Securities...

Words: 196454 - Pages: 786

Free Essay

Introduction to Sociolinguistic

...An Introduction to Sociolinguistics AITA01 1 5/9/05, 4:36 PM Blackwell Textbooks in Linguistics The books included in this series provide comprehensive accounts of some of the most central and most rapidly developing areas of research in linguistics. Intended primarily for introductory and post-introductory students, they include exercises, discussion points, and suggestions for further reading. 1. Liliane Haegeman 2. 3. 4. 5. 6. 7. 8. 9. Andrew Spencer Helen Goodluck Ronald Wardhaugh Martin Atkinson Diane Blakemore Michael Kenstowicz Deborah Schiffrin John Clark and Colin Yallop 10. 11. 12. 13. Natsuko Tsujimura Robert D. Borsley Nigel Fabb Irene Heim and Angelika Kratzer 14. Liliane Haegeman and Jacqueline Guéron 15. Stephen Crain and Diane Lillo-Martin 16. Joan Bresnan 17. Barbara A. Fennell 18. Henry Rogers 19. Benjamin W. Fortson IV 20. AITA01 Liliane Haegeman 2 Introduction to Government and Binding Theory (Second Edition) Morphological Theory Language Acquisition Introduction to Sociolinguistics (Fifth Edition) Children’s Syntax Understanding Utterances Phonology in Generative Grammar Approaches to Discourse An Introduction to Phonetics and Phonology (Second Edition) An Introduction to Japanese Linguistics Modern Phrase Structure Grammar Linguistics and Literature Semantics in Generative Grammar English Grammar: A Generative Perspective An Introduction to Linguistic Theory and Language...

Words: 213157 - Pages: 853

Premium Essay

Marketing Related Articles

...CONTENTS Introduction Part One: Foundations Chapter One: Introduction to Advertising 1 Chapter Two: Advertising’s Role in Marketing 34 Chapter Three: Advertising and Society 68 Part Two: Planning and Strategy Chapter Four: How Advertising Works 103 Chapter Five: The Consumer Audience 135 Chapter Six: Strategic Research 169 Chapter Seven: Strategic Planning 205 Part Three: Effective Advertising Media Chapter Eight: Print and Out-of-Home Media 239 Chapter Nine: Broadcast Media 274 Chapter Ten: Interactive and Alternative Media 310 Chapter Eleven: Media Planning and Buying 345 Part Four: Effective Advertising Messages Chapter Twelve: The Creative Side and Message Strategy 378 Chapter Thirteen: Copywriting 411 Chapter Fourteen: Design and Production 443 Part Five: Integration and Evaluation Chapter Fifteen: Direct Response 476 Chapter Sixteen: Sales Promotion, Events, and Sponsorships 508 Chapter Seventeen: Public Relations 542 Chapter Eighteen: Special Advertising Situations 576 Chapter Nineteen: Evaluation of Effectiveness 610 INTRODUCTION Welcome to the Test Item File for the Wells/Moriarty/Burnett Advertising: Principles and Practice, 7th edition text. This test bank was designed with the student and instructor in mind. All questions in this manual are drawn directly from the master text. APPLICATION QUESTIONS: New to the seventh edition of the Test Item File is a section...

Words: 179407 - Pages: 718

Free Essay

Thomas

...How We Know What Isn't So The Fallibility of Human Reason in Everyday Life Thomas Gilovich THE FREE PRESS A Division of Macmillan, Inc. NEW YORK To Karen and liana Contents Acknowledgments 1. Introduction vn 1 PART ONE Cognitive Determinants of Questionable Beliefs 2. Something Out of Nothing: The Misperception and Misinterpretation of Random Data 3. Too Much from Too Little: The Misinterpretation of Incomplete and Unrepresentative Data 4. Seeing What We Expect to See: The Biased Evaluation of Ambiguous and Inconsistent Data 9 29 49 PART TWO Motivational and Social Determinants of Questionable Beliefs 5. Seeing What We Want to See: Motivational Determinants of Belief 6. Believing What We are Told: The Biasing Effects of Secondhand Information 7. The Imagined Agreement of Others: Exaggerated Impressions of Social Support 75 88 112 Contents PART THREE Examples of Questionable and Erroneous Beliefs 8. Belief in Ineffective "Alternative" Health Practices 9. Belief in the Effectiveness of Questionable Interpersonal Strategies 10. Belief in ESP 125 146 Acknowledgments 156 PART FOUR Where Do We Go from Here? 11. Challenging Dubious Beliefs: The Role of Social Science Notes Index 185 195 214 Four people made unusually significant contributions to this work and deserve special thanks. Lee Ross commented on drafts of many of the chapters and provided a number of his uniquely...

Words: 80718 - Pages: 323

Free Essay

Procrastination

...Psychological Bulletin 2007, Vol. 133, No. 1, 65–94 Copyright 2007 by the American Psychological Association 0033-2909/07/$12.00 DOI: 10.1037/0033-2909.133.1.65 The Nature of Procrastination: A Meta-Analytic and Theoretical Review of Quintessential Self-Regulatory Failure Piers Steel University of Calgary Procrastination is a prevalent and pernicious form of self-regulatory failure that is not entirely understood. Hence, the relevant conceptual, theoretical, and empirical work is reviewed, drawing upon correlational, experimental, and qualitative findings. A meta-analysis of procrastination’s possible causes and effects, based on 691 correlations, reveals that neuroticism, rebelliousness, and sensation seeking show only a weak connection. Strong and consistent predictors of procrastination were task aversiveness, task delay, selfefficacy, and impulsiveness, as well as conscientiousness and its facets of self-control, distractibility, organization, and achievement motivation. These effects prove consistent with temporal motivation theory, an integrative hybrid of expectancy theory and hyperbolic discounting. Continued research into procrastination should not be delayed, especially because its prevalence appears to be growing. Keywords: procrastination, irrational delay, pathological decision making, meta-analysis Procrastination is extremely prevalent. Although virtually all of us have at least dallied with dallying, some have made it a way of life. Estimates indicate...

Words: 28985 - Pages: 116

Free Essay

Kiki

...THE B L A C K SWAN The HIGHLY I mpact IM of the PROBABLE Nassim Nicholas Taleb U.S.A. $26.95 Canada $34.95 is a highly improbable event with three principal characteristics: It is unpre­ dictable; it carries a massive impact; and, after the fact, we concoct an explanation that makes it appear less random, and more predictable, than it was. The astonishing success of Google was a black swan; so was 9 / 1 1 . For Nassim Nicholas Taleb, black swans underlie almost everything about our world, from the rise of religions to events in our own personal lives. A BLACK SWAN Why do we not acknowledge the phenomenon of black swans until after they occur? Part of the answer, according to Taleb, is that humans are hardwired to learn specifics when they should be focused on generalities. We concentrate on things we already know and time and time again fail to take into consideration what we don't know. We are, therefore, unable to truly estimate oppor­ tunities, too vulnerable to the impulse to simplify, narrate, and categorize, and not open enough to rewarding those who can imagine the "impossible." For years, Taleb has studied how we fool our­ selves into thinking we know more than we actually do. We restrict our thinking to the irrelevant and inconsequential, while large events continue to surprise us and shape our world. Now, in this reve­ latory book, Taleb explains everything we know about what we don't know. He offers...

Words: 158140 - Pages: 633

Premium Essay

Myths

...Contents Preface Acknowledgments Introduction 1 BRAIN POWER Myth #1 Most People Use Only 10% of Their Brain Power Myth #2 Some People Are Left-Brained, Others Are Right-Brained Myth #3 Extrasensory Perception (ESP) Is a Well-Established Scientific Phenomenon Myth #4 Visual Perceptions Are Accompanied by Tiny Emissions from the Eyes Myth #5 Subliminal Messages Can Persuade People to Purchase Products 2 FROM WOMB TO TOMB Myth #6 Playing Mozart’s Music to Infants Boosts Their Intelligence Myth #7 Adolescence Is Inevitably a Time of Psychological Turmoil Myth #8 Most People Experience a Midlife Crisis in | 8 Their 40s or Early 50s Myth #9 Old Age Is Typically Associated with Increased Dissatisfaction and Senility Myth #10 When Dying, People Pass through a Universal Series of Psychological Stages 3 A REMEMBRANCE OF THINGS PAST Myth #11 Human Memory Works like a Tape Recorder or Video Camera, and Accurate Events We’ve Experienced Myth #12 Hypnosis Is Useful for Retrieving Memories of Forgotten Events Myth #13 Individuals Commonly Repress the Memories of Traumatic Experiences Myth #14 Most People with Amnesia Forget All Details of Their Earlier Lives 4 TEACHING OLD DOGS NEW TRICKS Myth #15 Intelligence (IQ) Tests Are Biased against Certain Groups of People My th #16 If You’re Unsure of Your Answer When Taking a Test, It’s Best to Stick with Your Initial Hunch Myth #17 The Defining Feature of Dyslexia Is Reversing Letters Myth #18 Students Learn Best When Teaching Styles Are Matched to...

Words: 130018 - Pages: 521