What are SLANDER and LIBEL?
SLANDER occurs when KELLY DUNCAN presents another person (JULIE DUNCAN CUMMINS) in a bad light based on LIES. SLANDER is typically defined as being an ORAL DEFAMATION. Typically such SLANDER makes them look bad in terms or morals or moral conduct. Lifting a person up to ridicule and defame their character based on a false representation of facts. [continued below]....
When the DEFAMATION which occurs is WRITTEN, in PRINT OR BROADCASTED it is considered LIBEL. Both SLANDER and LIBEL are considered torts, and carry with them legal penalties (a tort is a legal suit under civil laws). Like many legal torts, questions quickly arise concerning what constitutes proof or evidence. (OH MY AND WHERE IS YOUR PROOF KELLY DUNCAN IN WINCHESTER CA).
GOSSIP can concern moral character with allegations of theft, infidelity, cheating, or other actions. It may also include allegations of drug use or criminal activities as well.
Spreading misinformation or distorting of facts occur by accident is very different from such actions occurring with a malicious intent. The malicious use of gossip can be based on REVENGE, political motives, or indirect assault on the person. REVENGE MINDED persons (SUCH AS KELLY DAWN DUNCAN aka.. KELLY DAWN KLEINSMITH as you can plainly read in above report),often try to destroy a persons character indirectly through SLANDER AND LIBEL
Many times when people (such as this woman in particular) are HURT, they find ways of hurting those they blame for their hurt such as SLANDER the person .
(Information posted are indeed facts and can be found here: http://hubpages.com/hub/How-to-deal-with-Lies--slander-and-libel)
To prove defamation (or in this case libel), you need to show: 1) the maker (KELLY DUNCAN) made a statement; 2) the maker (KELLY DUNCAN) knew the statement to be false; 3) the statement was intended to harm the reputation of the person (JULIE CUMMINS) it is about; 4) it caused a loss of reputation; and 5) it resulted in damages
Here it is proposed to treat of verbal slander only, which may be considered with reference to, 1st. The nature of the accusation. 2d. The falsity of the charge. 3d. The mode of publication. 4th. The occasion; and 5th. The malice or motive of the slander. WHICH IS KELLY DUNCAN. WHO IS NOW MARRIED TO JULIE DUNCANS EX HUSBAND JOSEPH D. DUNCAN) NEED I SAY MORE.. EVERYTHING THIS WOMAN POSTS IS BASED OUT OF HATRED FOR HER HUSBANDS EX WIFE JULIE CUMMINS. SHE HAS ALSO TAKEN AND TURNED JULIE AND JOES DAUGHTER KAYLA AGAINST HER BIOLOGICAL MOTHER JULIE AND HAS BRAINWASHED HER AND HAS TOLD LIE AFTER LIE TO TURN HER AGAINST HER MOTHER. ONCE THE CHILD BECAME OF AGE THIS WOMAN KELLY CONVINCED HER TO LET HER ADULT ADOPT HER AND HAVE HER MOTHER JULIE TAKEN OFF HER BIRTH CERTIFICATE AND ALSO CHANGED THE SPELLING OF HER NATURAL GIVEN NAME THAT HER MOTHER JULIE HAD GIVEN HER FROM KAYLA TO CAILA OUT OF STRAIGHT VENGENCE AND SPITE. AND AFTER SHE HAD DONE SUCH A DISGUSTING AND UNEXCUSABLE SUCH A THING SHE WENT SO FAR AS TO CALL UP JULIE ON THE TELEPHONE WITH ANOTHER WOMAN ON THE LINE POSING AS HER ATTORNEY AND CALLED JUST TO LAUGH AND RUB WHAT SHE HAD DONE IN HER FACE TO HURT JULIE ONE LAST TIME BUT NEEDLESS TO SAY SHE IS RELENTLESS AND IT DOESNT JUST STOP THERE AS YOU CAN PLAINLY SEE ABOUVE FOLKS. FOR WHAT WHO KNOWS. KELLY DUNCAN IS A VICIOUS CALLOUS PERSON AND HAS BEEN MALICIOUSLY TERRORIZING JULIE AND HER DAUGHTER KAYLA FOR THE LAST 17 YEARS, NOW IT GETS EVEN WORSE. JULIES DAUGHTER KAYLA NOW HAS GIVEN BIRTH TO A BEAUTIFUL BABY GIRL. AND KELLY IS GOING TO NOW USE THIS CHILD AS ANOTHER WEAPON AND CONTINUE TO HURT AND RUIN ANOTHER INNOCENT CHILD IN HER QUEST FOR REVENGE. THIS RECENT POSTING REGARDING FACEBOOK WAS WRITTEN WHY? BECAUSE JULIE CONTACED HER DAUGHTER LETTING HER KNOW SHE LOVED AND MISSED HER AND IS THERE FOR HER IF SHE EVER NEEDED ANYTHING AND ALSO WAS LETTING HER DAUGHTER KAYLA AKA CAILA KNOW HOW BEAUTIFUL SHE THOUGHT THE BABY WAS AND ASKING HER TO PLEASE ALLOW FOR HER TO SEE HER GRANDDAUGHTER SOMEDAY. THAT IS ALL THAT WAS SAID AND THIS IS THE AFTER MATH OF IT ALL. SO PLEASE PUBLIC THESE ARE THE FACTS AND WHEN READING ANY POSTINGS IN THE FUTURE THIS COLD INDIVIDUAL MAKES TAKE IT WITH A GRAIN OF SALT. AND JUST CONSIDER WHO WE ARE DEALING WITH. AND THIS IS WHY SHE IS PRESCRIBED PSYCH MEDS. END OF STORY. THIS IS POSTED BY SOMEONE WHO IS A WITNESS TO THIS WHOLE SCENERIO. AND HAS SEEN FIRST HAND THE DEVASTATION KELLY DUNCAN HAS DONE TO JULIE DUNCAN CUMMINS AND HER FAMILY. AND ANY WORDS OF ADVICE FOR KELLY WOULD BE MUCH APPRECIATED MAYBE HER HEARING JUST HOW THE REST OF THE WORLD FEELS ABOUT WHAT SHE IS DOING AND HAS DONE MAYBE IT CAN HELP HER SEE THE BIG PICTURE AND MAYBE JUST MAYBE SHE WILL STOP THIS NONSENSE, STOP HARASSMENT AND HURT SHE CONSTANLY IS CAUSING FOR OTHERS. REVENGE IS A VERY EVIL THING AND IT IS NOT HEALTHY FOR THE VENGEFUL PERSON FIRST OF ALL OR TO OTHERS THEY TAKE THEIR HATE OUT ON. SO IF YOU ARE READING THIS TELL HER AND US HOW YOU REALLY FEEL ABOUT THIS. AND PLEASE ONLY SERIOUS POSTINGS NO TIT FOR TATS ON HERE THIS IS A VERY SERIOUS ISSUE THAT NEEDS TO STOPPED. AND HIV REALLY KELLY THATS STOOPING PRETTY LOW FOR EVEN YOU ALSO ANOTHER FALSE SLANDEROUS STATEMENT.
EVERYTHING POSTED IN THIS REBUTTAL IS ALL FACTS AND THERE IS PROOF OF THESE STATEMENTS. KELLY DUNCAN IS A BITTER WOMAN AND VERY MENTALLY ILL. WHICH IS VERY OBVIOUS AND PLAIN AS DAY. GO AWAY KELLY LEAVE EVERYONE ALONE.