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extortion
The obtaining of property from another induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right. Under the Common Law, extortion is a misdemeanor consisting of an unlawful taking of money by a government officer. It is an oppressive misuse of the power with which the law clothes a public officer. Most jurisdictions have statutes governing extortion that broaden the common-law definition. Under such statutes, any person who takes money or property from another by means of illegal compulsion may be guilty of the offense. When used in this sense, extortion is synonymous with blackmail, which is extortion by a private person. In addition, under some statutes a corporation may be liable for extortion. Elements of Offense Virtually all extortion statutes require that a threat must be made to the person or property of the victim. Threats to harm the victim's friends or relatives may also be included. It is not necessary for a threat to involve physical injury. It may be sufficient to threaten to accuse another person of a crime or to expose a secret that would result in public embarrassment or ridicule. The threat does not have to relate to an unlawful act. Extortion may be carried out by a threat to tell the victim's spouse that the victim is having an illicit sexual affair with another.
Under the Common Law, extortion is a misdemeanor consisting of an unlawful taking of money by a government officer. It is an oppressive misuse of the power with which the law clothes a public officer. Most jurisdictions have statutes governing extortion that broaden the common-law definition. Under such statutes, any person who takes money or property from another by means of illegal compulsion may be guilty of the offense. When used in this sense, extortion is synonymous with blackmail, which is extortion by a private person. In addition, under some statutes a corporation may be liable for extortion.
Elements of Offense
Virtually all extortion statutes require that a threat must be made to the person or property of the victim. Threats to harm the victim's friends or relatives may also be included. It is not necessary for a threat to involve physical injury. It may be sufficient to threaten to accuse another person of a crime or to expose a secret that would result in public embarrassment or ridicule. The threat does not have to relate to an unlawful act. Extortion may be carried out by a threat to tell the victim's spouse that the victim is having an illicit sexual affair with another.
What is the threat? Who is threatened? Who received the money? Diversity is the key to economic and political evolution.
Russians Lose Defamation Suit Over Trump Dossier , 2018
In a 24-page opinion filed Monday [20 AUG], Epstein wrote Steele and Orbis Business Intelligence had done enough to show the allegations in the dossier about the businessmen are an issue of public interest in the United States and that the businessmen qualify as "limited-purpose public figures."
Citing Gertz v. Robert Welch, Inc., the Court of Appeals noted that "public figures are those who have 'thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved.'" The Court of Appeals applied the three-part test to determine whether Kahl is a limited purpose public figure: First, the court must identify the relevant controversy and determine whether it is a public controversy. Second, the plaintiff must have played a significant role in that controversy. Third, the defamatory statement must be germane to the plaintiff's participation in the controversy.
First, the court must identify the relevant controversy and determine whether it is a public controversy. Second, the plaintiff must have played a significant role in that controversy. Third, the defamatory statement must be germane to the plaintiff's participation in the controversy.
In a libel lawsuit, the court will be asked to classify the plaintiff as a public official, an all-purpose public figure, a limited-purpose public figure, or a private figure. Defendants have greater constitutional protection when the plaintiff is a public official or public figure of some sort than when the plaintiff is deemed a private figure.3 Access to the media and the ability to inject oneself into a controversy has been a factor in determining whether a plaintiff is a public or private figure. Naturally, this raises the question of whether the use of Facebook or Twitter or other social media--especially if material has "gone viral"--will turn otherwise private plaintiffs into public figures. [PAY WALL]
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