For defamation they have to prove that YOU did it, that it is a lie,...
I am not a lawyer,but,do they really have to prove it is a lie?
Where is onus probandi ?It is a general rule that the party who alleges the affirmative of any proposition should prove it.
Yes,in per quod the context of the words determine the defamatory statement,meaning the plaintiff introduces additional facts to show defamation,to explain
why the statement should be considered defamatory
if it were not true
In per quod the defamatory character of the statement is not apparent on its face, and extrinsic facts are required to explain its defamatory meaning." Kolegas v. Heftel Broadcasting Corp., 607 N.E.2d 201, 206 (Ill. 1992) In per se certain statements are presumed defamatory, thus no need to explain
why
In per quod Plaintiff claims special damages,as compared to defamation per se where the damages are presumed.....
,but ,the onus probandi does not change,does it?It is the same as in pro se,is it not?
The one who was sued has to prove that what he alleged was true.Of course,truth is absolute defense against the suit.
Why the general rule of onus probandi does not apply in per quod defamation claim?