Forum: Author Hangout

If a case of libel goes to court, where is it tried - federal court or state? What prompted the question was that I read somewhere that in the Trump v. ABC libel suit, what Trump was convicted of meets the "general definition" of rape, but not the specific definition under libel law. Thus, when ABC reported that he had been convicted of rape, they broke the libel law. I do not know the specifics of what the "general definition" would be as compared to what libel law specifies, but I believe the name of the law he was convicted under was "assault", not "rape," and I don't know whether it was a state or federal case.

It could be in either state or federal courts depending on circumstances. the Trump suit against ABC was likely in federal court because ABC is in a different state than Trump.

The federal statute is 28 U.S. Code § 4101.

The reason ABC was losing the suit had nothing to do with the definition of rape.

ABC's statement that Trump was "convicted of rape" was false because the term convicted is specific to criminal trials and the relevant judgement against Trump was from a civil suit. Trump was not convicted of rape by any definition of rape.

https://codes.findlaw.com/us/title-28-judiciary-and-judicial-procedure/28-usc-sect-4101/

Unless it is a local or instate issue, it is generally heard in a Federal court. In this case, it was during a nationwide broadcast, therefore, it is definitely not local.

Basically, the case is FILED someplace. State courts, federal courts, etc. Good lawyers will pick the jurisdiction that gets them the best advantage. The state or federal district has to have jurisdiction. So in the case of a newspaper, you might file in the state that papers were sold in. OR, you might file in the state that the newspaper is published in.