Actual malice is the legal requirement imposed on specific defamation plaintiffs when filing a lawsuit for libel or slander, and will be found where a defendant publishes or communicates a false statement with knowledge of its falsity or reckless disregard for its veracity.
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During a criminal trial where Emerly was found guilty, evidence was presented against her which Emerly and her lawyer feel was unfairly prejudicial. ... If an appeals court finds that the evidence against Emerly should have been excluded, she can receive a new trial.
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