Order ID |
53563633773 |
Type |
Essay |
Writer Level |
Masters |
Style |
APA |
Sources/References |
4 |
Perfect Number of Pages to Order |
5-10 Pages |
Description/Paper Instructions
Regulation Intentional Torts Research Paper
Is defamation differ from other types of torts and for difference types of figures? Do you feel that the Internet and social media changing the way that the courts look at this area?
Just do response each posted # 1 to 3 down below only
Posted 1
Per my understanding, the main difference from other types of torts is that the defamation doesn’t have a clear physical impact to the plaintiff, and it exists to protect the reputation of a person or company.
Defamation claims have different treatments based on the type of figures. For the two types of public figures plaintiffs (public figures and public officials), a clear and convincing evidence is necessary in order to prove actual malice of the defendant. On the other hand, the same level of evidence is not required for private figures, since it would be too much in favor of defendant’s interests. For private figures plaintiffs, it is necessary to prove some level of fault as set by state law and address recoverable damages.
In my opinion, the internet and social media certainly have some impacts on the way that the court look at this area. Firstly, because those elements are relatively new, and the defamation law needs to be updated somehow to reflect all the changes on how people communicate with each other nowadays. Additionally, it may increase the quantity of libel cases, since the online defamation usually falls into this category.
Posted 2
I believe there is a difference between defamation and other types of tort, such as assault, battery, and negligence. While the other types of tort cause some sort of loss or damage to tangible things, defamation is an attack solely on someone’s reputation.
High profile people are definitely affected more by defamation, but they also have a bigger voice to share their own opinions. People listen to people in power, which is why they are often used as spokespeople.
Internet and social media have most definitely changed the idea of defamation. If something negative came out before social media was around, it took days or even weeks for the truth to come out. In the social media world, news breaks within minutes and hours. If something negative is released, it is either confirmed or denied almost in the blink of an eye
Posted 3
Defamation is defined as damaging someone’s character with slander or libel. Libel is in the tangible written form and slander is spoken. Defamation IS different from other types of torts because the “damages” are much harder to measure. There is a high degree of subjectivity that goes into determining harm. Defamation also differs depending on the figure. You can defame a dead person, for example. When defaming a “private figure” one only needs to prove a person acted negligently. When defaming a “public figure” one must prove a person acted intentionally.
The internet and social media have changed the way the world works and definitely have changed how the courts view and consider defamation. It is much easier now to make a viral video and ruin a person’s reputation, similar to how the internet can help a person become famous. The JDART example that the professor provided proves that social media has played an influential role in changing how the court views defamation cases.
RUBRIC
QUALITY OF RESPONSE |
NO RESPONSE |
POOR / UNSATISFACTORY |
SATISFACTORY |
GOOD |
EXCELLENT |
Content (worth a maximum of 50% of the total points) |
Zero points: Student failed to submit the final paper. |
20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. |
30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. |
40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. |
50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. |
Use of Sources (worth a maximum of 20% of the total points). |
Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. |
5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. |
10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. |
15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. |
20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. |
Grammar (worth maximum of 20% of total points) |
Zero points: Student failed to submit the final paper. |
5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors |
10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors |
15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. |
20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. |
Structure of the Paper (worth 10% of total points) |
Zero points: Student failed to submit the final paper. |
3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. |
5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper |
7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. |
10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. |
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