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Motion of Dismissal - Research Paper Example

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Motion of Dismissal: Defamation Law Name Institution Motion of Dismissal: Defamation Law Now come the Defendant Barton Leach, in his official capacity as a resident and businessman in Cook County, Illinois, and Plaintiff, William S. Gilbert resident of Cook County, Illinois, avail themselves before Illinois Attorney general, with claims of defamation…
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Motion of Dismissal Research Paper
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Download file to see previous pages Details of section 2-619 of the Illinois codes of civil procedures It is evident from the daily business activities regarding mortgages, that all mortgage transaction contains an acceleration clause. This clause in different instances requires the lender to make provisions to the borrower with a default notice, and the intent to accelerate. There is also an emphasis that the lender should provide the instructions, which can be taken as a remedy of the default date, and a new date set within 30 days in which the borrower must remedy the default (Lauterpacht and Greenwood, 1999). Lenders often ignore the clause; this is a condition, that actionable by a court of law in a foreclosure action. However, the precedent condition must be considered before another action. Such instances force the lender to follow the guidelines outlined in the mortgage acceleration clause before finding the foreclosure. Failing to follow the above guidelines do not invalidate the mortgage, though it may cause temporal dismissal of the foreclosure claims, therefore, resetting the borrower’s clock for the distress. In Illinois State, the 2-619 motion results from modification of the 2-615 motion and the 2-1005 motion. That is; they dismiss for failure motion on state claim, and the summary judgment motion. They both have a defensive nature, thus disposing the issues of facts and law. The motion adheres to the sufficiency and truth of the claim though it does not purpose the asserted affirmative matters (Lauterpacht and Greenwood, 1999). Affirmative matters refer to defenses that, either refutes critical conclusion, or negates a cause of action. Section 2-619 makes provisions for affirmative defenses; one can bring it regardless of the fact that it is retaining past the point of filling a 2-619 motion. Filling a Defamation Complaint Libel is a false statement from an individual, which in turn causes suffering to the other person. Defamation refers to a libelous statement in a print state. Traditionally, a print refers to a statement published in a newspaper or a letter, but in the recent days, it refers to the internet, and other mass media. Technology has been an element which is leading to increase in cases of defamation. Ideal examples are social networking sites such as Facebook, which brings the highest level of defamation that ever in the history. A court of law requires one to prove defamation through the following: 1. There must be a false statement from the defendant to the plaintiff 2. The statement must have reached a third party, through provable means. This means that the defendant must communicate the statement to the other person or persons. 3. The statement has to be harmful to the plaintiff 4. There must be damages on the part of the victim Making false statements If there is a false statement published about a public figure, it is the responsibility of the public to prove that the statement has a malicious intention in making the untrue statement. There are different standards for public figures, as they expect statements based on their public status. There have been arguments on the definition of public status, but there they not yet fruitful. The current definition from leading philosophers’ state that, public figure is something the public value in ones character. In many ...Download file to see next pagesRead More
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