Posted: May 19th, 2017

X, a court employee, wrote the presiding judge a letter, imputing to Y, also a court employee, the act of receiving an expensive gift from one of the parties in a pending case. Because of this, Y accused X of libel. Does Y need to prove the element of malice in the case?

X, a court employee, wrote the presiding judge a letter, imputing to Y, also a court employee, the act of receiving an expensive gift from one of the parties in a pending case. Because of this, Y accused X of libel. Does Y need to prove the element of malice in the case? A. No, since malice is self-evident in the letter. B. Yes, malice is not presumed since X wrote the letter to the presiding judge who has a duty to act on what it states. C. No, since malice is presumed with respect to