| 词汇 | Libel2 |
| 释义 | `1`Libel2 `2` "Legal Lexicon": The publisher of a libel is liable to be punished criminally by indictment or is subject to an action on the case by the party grieved. Both remedies may be pursued at the same time. Practice. A libel has been defined to be 'the plaintiff's petition or allegation, made and exhibited in a judicial process, with some solemnity of law;' it is also, said to be 'a short and well ordered writing, setting forth in a clear manner, as well to the judge as to the defendant, the plaintiff's or accuser's intention in judgment.' It is a written statement by a plaintiff, of his cause of action and of the relief he seeks to obtain in a suit. The libel should be a narrative, specious, clear, direct, certain, not general, nor alternative. It should contain, substantially, the following requisites: 1. The name, description and addition of the plaintiff, who makes his demand by bringing his action; 2 The name, description and addition of the defendant; 3. The name of the judge with a respectful designation of his office and court; 4. The thing or relief, general or special, which is demanded in the suit; 5. The grounds upon which the suit is founded. The form of a libel is either simple or articulate. The simple form is, when the cause of action is stated in a continuous narration, when the cause of action can be briefly set forth. The articulate form is when the cause of action is stated in distinct allegations or articles. The material facts should be stated in distinct articles in the libel, with as much exactness and attention to times and circumstances as in a declaration at common law. Pompous diction and strong epithets are out of place in a legal paper designed to obtain the admission of the opposite party of the averments it contains or to lay before the court the facts which the actor will prove. --b-- |
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