The Illinois Codes of Civil Procedures - Research Paper Example

? Motion of Dismissal: Defamation Law 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. The defendant submits that the complainant should be dismissed pursuant to Section 2-619 of the Illinois Code of Civil Procedure. The defendant claims that there is an absence of subject matter jurisdiction as the plaintiff lack standings. He adds that the court should abstain from offering a decision that might invade the outlines in the Section 2-619 of the Illinois Code of Civil Procedure. 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 instances, they are certainly the famous actors, singers, and athletes among others. Questions now arise on issues of certain persons such as mayors or unknown professional athlete. The questions relate on what is the factor that jurisdiction may have to decide (Lauterpacht and Greenwood, 1999). Proving harm or intent The process of proving malicious intention revolves around the plaintiff proving that, the statement corrupts his or her reputation. If this turns out to be difficult, there are higher standard provisions set for persons such as journalists, together with other professions, who need to have the required information to evaluate the validity of information before availing it to the public. However, reckless passing of information without evaluating the truthfulness of the information is reckless intent. Defamation lawsuit Complications in filling defamation cases can be resolved by an experienced injury attorney. Not all negative information from by individuals that may be termed as defamation. These mainly refer to information written from one person to another in a private basis, without involving a third party. Statements, which are hurting, but on the other side, prove to be true are defamation; the complainant cannot be awarded damages even if the statement publication. Complainants should always seek defamation lawsuits from experienced personal injury attorneys. This is to seek whether the case will lead to monetary compensation, public apology, or retraction (Lauterpacht and Greenwood, 1999). On the other hand, William claims to have proved his innocence regarding the issue. He also proves to us that, the attorney bleached the law in reference to defamation. If one would evaluate the case from the beginning, William is innocent, and he is faithful as he proves to be. The closure was a result of normal market forces, which are not under the plaintiff's control. This is a motion to dismiss the plaintiff’s claims on this action, as the defendant is an attorney. This gives him absolute immunity from libel in litigation correspondence. Attorneys together with other lawyers seek vengeance when file against their clients adversaries. This renders their absolute immunity from civil liabilities for the conduct and statements that may have offended, injured, or otherwise damaged opposing parties in a litigation process. Litigation privilege is the law term defining this privilege; it shields the lawyers’ position as a litigator regardless of imperfect faith, malice, or ill thoughts. We can trace the origin of this privilege from the English jurisprudence. It initially aimed at protecting the advocacy systems, and their participants. With the colonization activities, the ideology reached America through the Atlantic Ocean (Lauterpacht and Greenwood, 1999). On this motion, plaintiff William wants monetary compensation in terms of damages, punitive damages, and other penalties put on the attorney. It is evident that there is negligence on the part of the attorney as he did not evaluate the information before passing the negative comments to the third party. In reference to the examination of the historical antecedents of litigation privileges, together with the policies motivating its creation, no action can be put a cross the defendant. The doctrine applies practically, in this legal issue. Section 2-619 of the Illinois illustrates and proves the defendant is guilty, but on action can be instituted against him is such a civil case. In reference to this discussion, Thomas Mink, a university student in 1983, brought a case against Susan Knox, the deputy district attorney, in Colorado, Greeley. This is a case that took place in the U.S court of appeal with the code number Knox v. Mink, 28022729. Mink is a fictional character, who makes different art works for entertainment. As a result of misunderstanding, the deputy attorney ordered the destruction of the art work. Mink thought of instituting justice by forwarding the case to a court of law demanding damages and conviction, but turn realized that the defendant has absolute immunity against such claims (Susan Brenner, 2010). Lexis Assignment 1) Step by Step, describe how to use “Get a document” to pull up a case by party name. The LexisNexis research system has designed different ways to retrieve documents for their website. This is by party name, by citation, and by docket number. When one want search a document by party name, one must know the name of the parties. This can either be the name of one party or all parties involved. The next step after identification of the name is to enter them, chooses jurisdiction, then click the search option to retrieve the document. When one wants to go further and get the dates of these documents, click on the “coverage dates” hyperlink. 2) Using LEXIS, research the Illinois Consumer Fraud Act. Using the FOCUS feature, write down the cites of the statute sections where the word “automobile” appears in the annotations 3) List 4 differences between Lexis and Westlaw •Westlaw assumes “or” while LexisNexis assumes phrases. If one types “uses of Law,” it will look for phrases. On the other hand, the Westlaw searches will the term: uses or of or law. For one to get correct searches, one must enclose the command in quotes. •They both use different indicators in segment searches. An ideal example is the following illustration: Lexis: Name (wade and roe); Westlaw: ti(wade and roe). •Lexis does not allow the use of wording such as /n in similar searches as /p or /s. however, Westlaw does allow: example accumulation /s unnatural /3. •LexisNexis offers Sheppard’s “citationservices” while Westlaw offers a product called “KeyCite”. 4) Explain the following Lexis features: a. Focus - this is a series that uses a structure that facilitates students to develop a higher understanding of the key subjects by identifying the main areas of study. Its English is clear and straight to enhance the understanding of students. Among other significant feature entail availing practice questions and their suggested answers, and facilitating further reading. b. KWIC- this is a term that refers to “Key Words in Context.” This ensures that your searches are vivid as they are surrounded by text windows. It its feature enhances student to know the applicability of the search in advance. Other key feature entail: displays plus 25 and minus 25 words similar to search by default. This can be changed in reference with the demands of the student. c. By a database name – this is a search that a student can use to retrieve different law document. Its key feature is that a student can specify the search by narrowing it, as it has options starting from A-Z. d. date restrictions – this is a feature that limits customers data storage within a hosting environment. This feature also facilitates a large number of customers. 5) Explain What Segment Searching is on LEXIS This refers to a natural section or part of a document. They are independent searchable portions or areas of a document. The structure of all documents is similar, thus creating uniformity. Some of the common segments in case law are date, name, opinion, and court. The following are other examples of segments in common news documents: byline, headline, and body. From the above example, it is evident that each document has different segments. References Lauterpacht, E. and Greenwood, C. J. (1999). International Law Reports, Volume 113 of International Law Reports Set 140 Volume Hardback Set . Cambridge University Press. Susan Brenner. Defamation, Qualified Immunity and the Howling Pig. Published on Wednesday, August 25, 2010. Available at: http://cyb3rcrim3.blogspot.com/2010/08/defamation-qualified-immunity-and.html Read More