CharonY Posted June 7, 2022 Share Posted June 7, 2022 16 hours ago, zapatos said: It was not limited to the "specific utterance". It was limited to the truth of the specific utterance. It is not illegal to make a claim that is true. What is the jury supposed to do? GUESS whether or not the utterance was true without hearing any testimony about the specific allegations made? I didn't follow the trial either but with my very limited knowledge of the law it seems obvious that there would be allowed testimony to enable the jury to make a determination as to the veracity of the claim. https://www.cbsnews.com/news/amber-heard-johnny-depp-lawsuit-shocking-moments-testimony/ I think we can cut down on a lot of speculations by looking specifically at the findings instructions: https://www.fairfaxcounty.gov/circuit/sites/circuit/files/assets/documents/pdf/high-profile/depp v heard/cl-2019-2911-jury-instructions.pdf They refer to these three statements made by Heard in her article: Quote (1) Whether Ms. Heard made or published any ofthe following statements: a. "Amber Heard: I spoke up against sexual violence — and faced our culture's wrath. That has to change." b. 'Then two years ago, I became a public figure representing domestic abuse, and I felt the full force of our culture's wrath for women who speak out." c. "I had the rare vantage point of seeing, in real time, how institutions protect men accused of abuse. " and decided that these statements were false, directed at Depp, made with malice and created damages. What makes it difficult in this civil case is the scope of the decision. While it does imply that the jury does not seem to believe that Heard was abused, it is not an explicit decision on it (or at least it reads to me like that, someone with actual legal expertise might want to correct me). Perhaps confusingly there is also the counterclaim in the same sheet where Heard won on liability (page 3). From what I read the jury specifically agreed that this statement from Depp's lawyer was false: Quote b. 'Quite simply this was an ambush, a hoax. They set Mr. Depp up by calling the cops but the first attempt didn't do the trick. The officers came to the penthouses, thoroughly searched and interviewed, and left after seeing no damage to face or property. so Amber and her friends a little wine and the place up, got their stories straight under the direction of a lawyer and publicist, and then placed a second call to 911;" and 1 Link to comment Share on other sites More sharing options...
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