1700 Defamation per se--Essential Factual Elements (Public Officer/Figure and Limited Public Figure)
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[ Name of plaintiff ] claims that [ name of defendant ] harmed [him/her] by making [one or more of] the following statement(s): [ list all claimed per se defamatory statements ]. To establish this claim, [ name of plaintiff ] must prove that all of the following are more likely true than not true:
Liability
1. That [ name of defendant ] made [one or more of] the statement(s) to [a person/persons] other than [ name of plaintiff ];
2. That [this person/these people] reasonably understood that the statement(s) [was/were] about [ name of plaintiff ];
3. [That [this person/these people] reasonably understood the statement(s) to mean that [ insert ground(s) for defamation per se, e.g., "[name of plaintiff] had committed a crime" ]]; and
4. That the statement(s) [was/were] false.
In addition, [ name of plaintiff ] must prove by clear and convincing evidence that [ name of defendant ] knew the statement(s) [was/were] false or had serious doubts about the truth of the statement(s).
Actual Damages
If [ name of plaintiff ] has proved all of the above, then [he/she] is entitled to recover [his/her] actual damages if [he/she] proves that [ name of defendant ]'s wrongful conduct was a substantial factor in causing any of the following:
a. Harm to [ name of plaintiff ]'s property, business, trade, profession, or occupation;
b. Expenses [ name of plaintiff ] had to pay as a result of the defamatory statements;
c. Harm to [ name of plaintiff ]'s reputation; or
d. Shame, mortification, or hurt feelings.
Assumed Damages
Even if [ name of plaintiff ] has not proved any actual damages for harm to reputation or shame, mortification or hurt feelings, the law nonetheless assumes that [he/she] has suffered this harm. Without presenting evidence of damage, [ name of plaintiff ] is entitled to receive compensation for this assumed harm in whatever sum you believe is reasonable. You must award at least a nominal sum, such as one dollar.
Punitive Damages
[ Name of plaintiff ] may also recover damages to punish [ name of defendant ] if [he/she] proves by clear and convincing evidence that [ name of defendant ] acted with malice, oppression, or fraud.