UT · jury_instructions
MUJI 2d CV1905
Definition: False Statement.
The allegedly injurious statement must state or imply facts which can be proved to be false, and [name of plaintiff] must show the statement to be false.
"False" means that the statement is either directly untrue or that it implies a fact that is untrue. In addition, the statement must be materially false. A statement is "materially false" if it is false in a way that matters; that is, if it has more than minor or irrelevant inaccuracies.
A true statement cannot be the basis of an injurious falsehood claim, no matter how annoying, embarrassing, damaging, or insulting it may be. To be considered "true" in an injurious falsehood case, a statement need not be completely accurate. The statement need only be substantially true, which means the gist of the statement is true.
You should determine the truth or falsity of the statement according to the facts as they existed at the time [name of defendant] published the statement.
Provenance
- Source
- legacy.utcourts.gov
- Retrieved
- 2026-08-22
- Edition
- 2026-08-21
- Content hash
8af445e1f66026389adb60f050b1007a47d0010fad70d7f1b92e30c4b3e21a02
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