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The legal rule itself – how to apply this exception – is complicated, as it is often dependent on who said the statement and which actor it was directed towards. [6] The analysis is thus different if the government or a public figure is the target of the false statement (where the speech may get more protection) than a private individual who is being attacked over a matter of their private ...
R v B (KG), [1993] 1 SCR 740, popularly known as the KGB case, is a leading Supreme Court of Canada decision on the admissibility of prior inconsistent statements as proof of the truth of their contents. Prior to this case, prior inconsistent statements made by a witness other than an accused could merely be used to impeach the witness's ...
Case history; Prior: Franks v. State, 373 A.2d 578 (Del. 1977): Subsequent: Franks v. State, 398 A.2d 783 (Del. 1979): Holding; Where a warrant affidavit contains a statement, necessary to the finding of probable cause, that is demonstrated to be both false and included by an affiant knowingly and intentionally, or with reckless disregard for the truth, the warrant is not valid.
For example, he called Bragg “this Soros Prosecutor” in a social media post on Wednesday; in a statement last year, he claimed that Bragg was “hand-picked and funded by George Soros.”
Any statement of opinion without underlying facts is to be treated as a factual assertion per se. If it implies the existence of undisclosed facts which are false and defamatory, it is actionable. False statements of fact couched in an opinion context are actionable unless clearly set aside by "loose, figurative or hyperbolic language." [9]
Here’s a fact check of four false claims and one misleading claim he made about the trial in his courthouse comments last week. (And here’s a link to our fact check of his courthouse ...
Making false statements (18 U.S.C. § 1001) is the common name for the United States federal process crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, in "any matter within the jurisdiction" of the federal government of the United States, [1] even by merely ...
Here is a fact check of 16 false claims he made in the speech. ... 291,000 cases mentioned by the OIG are cases where ICE hasn’t filed the paperwork to start their immigration court cases.” ...