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Sunday, 12 November 2017

legal word of the day: ACTIONABLE

legal word of the day: ACTIONABLE

ENG: giving legal grounds for a lawsuit or other legal action

a) zaskarżalne; o roszczeniu, które może być dochodzone na drodze cywilnoprawnej,
b) stanowiące przestępstwo

(1) The question of whether a statement constitutes an actionable statement or merely protected opinion is one of the most difficult questions for a judge to consider in the defamation context. In fact, the California Supreme Court said in a case: "The distinction as to what is a statement of fact and what is a statement of opinion is frequently a difficult one."

DEFAMATION – zniesławienie, pomówienie (the fact of damaging the reputation of a person or a group of people by publishing (=libel) or saying (=slander) bad things about them that are not true)
A STATEMENT OF FACT – stwierdzenie faktu (a statement that can be proven to be either true or false)
A STATEMENT OF OPINION – wyrażenie poglądu (a statement that expresses what someone believes or thinks)

(2) In the absence of consent, medical treatment is normally both civilly and criminally actionable under English law. As Lord Scarman has stated, 'A doctor who operates without the consent of his patient is, save in cases of emergency or mental disability, guilty of the civil wrong of trespass to the person; he is also guilty of the criminal offense of assault.

IN THE ABSENCE OF – wobec braku (without)
CONSENT – zgoda (permission or agreement)
SAVE – z wyjątkiem (except for)
A CIVIL WRONG – delikt (a tort)
TRESPASS TO THE PERSON – naruszenie nietykalności cielesnej lub innych praw osoby (a direct or an intentional interference with a person's body or liberty, e.g. unlawfully harming someone; unlawfully touching someone; unlawfully keeping someone a prisoner; unlawfully causing someone to be unable to leave a room, house or other place)
ASSAULT (UK) – common assault or battery
COMMON ASSAULT (UK) – np. groźba (causing the victim to apprehend (fear) immediate and unlawful touching or personal harm)
BATTERY (UK) – naruszenie nietykalności cielesnej (unlawful touching of the victim)

(3) First of all, the act of posting sexually explicit photos of another person without their consent only became legally actionable under the Criminal Code in early 2015, when the Protecting Canadians from Online Crime Act came into effect.

SEXUALLY EXPLICIT – o treści erotycznej (the dominant theme of which is the depiction or description of nudity, including sexual or excretory /związane z wydalaniem) activities or organs, in a lascivious /lubieżny/ way)
COME INTO EFFECT– wejść w życie, zacząć obowiązywać (come into force, start to apply)

(4) DONNA: Are you telling me you didn't go off on Brian Altman and then make a horrible comment about Stephanie Patel's sex life?
LOUIS: It's called discipline, Donna.
DONNA: It's called actionable, Louis.

(5) IT GUY: And I've been tracking every Internet move you've made for the past ten months, waiting for the slipup.
MIKE: Bet you thought you had me at teenybikini.com.
IT GUY: No. No, no. Because I cross-referenced that with your workplace harassment case, and I knew. But don't think I'm not aware that you went home for dinner and used your personal computer to go back there.
MIKE: Okay, that's not actionable, but hacking my personal computer is.

WORKPLACE HARASSMENT – mobbing (belittling or threatening behavior directed at an individual worker or a group of workers; any unwelcome verbal or physical conduct based on any characteristic protected by law when: (1) the behavior can reasonably be considered to adversely affect the work environment; or (2) an employment decision affecting the employee is based upon the employee's acceptance or rejection of such conduct)

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