| Question |
1. This special verdict form includes each of the statements on which John C. Depp, II, bases his claim of defamation against Amber Heard. Answer the questions in accordance with the Court's instructions. As to this statement appearing in the online op-ed, entitled "Amber Heard: I spoke up against sexual violence and faced our culture's wrath. That has to change" in the Washington Post's online edition: "I spoke up against sexual violence and faced our culture's wrath. That has to change." |
| 1(a). Do you find that Mr. Depp has proven all the elements of defamation? |
| Has Mr. Depp proven by a greater weight of the evidence that: |
| The statement was made or published by Ms. Heard? |
| The statement was about Mr. Depp? |
| The statement was false? |
| The statement has a defamatory implication about Mr. Depp? |
| The defamatory implication was designed and intended by Ms. Heard? |
| Due to circumstances surrounding the publication of the statement, it conveyed a defamatory implication to someone who saw it other than Mr. Depp? |
| 1(b). Do you find that Mr. Depp has proven by clear and convincing evidence that Ms. Heard acted with actual malice? |
|
2. As to this statement appearing in the op-ed entitled "A Transformative Moment For Women" in the Washington Post's print edition and the online op-ed "Amber Heard. I spoke up against sexual violence--and faced our culture's wrath. That has to change in the Washington Post's online edition: "Then two years ago, I became a public figure representing domestic abuse, and I felt the full force of our culture's wrath for women who speak out." |
| 2(a). Do you find that Mr. Depp has proven all the elements of defamation? |
| Has Mr. Depp proven by a greater weight of the evidence that: |
| The statement was made or published by Ms. Heard? |
| The statement was about Mr. Depp? |
| The statement was false? |
| The statement has a defamatory implication about Mr. Depp? |
| The defamatory implication was designed and intended by Ms. Heard? |
| Due to circumstances surrounding the publication of the statement, it conveyed a defamatory implication to someone who saw it other than Mr. Depp? |
| 2(b). Do you find that Mr. Depp has proven by clear and convincing evidence that Ms. Heard acted with actual malice? |
|
3. As to this statement appearing in the op-ed entitled "A Transformative Moment For Women" in the Washington Post's print edition and the online op-ed "Amber Heard: I spoke up against sexual violence and faced our culture's wrath. That has to change in the Washington Post's online edition: "I had the rare vantage point of seeing, in real time, how institutions protect men accused of abuse." |
| 3(a). Do you find that Mr. Depp has proven all the elements of defamation? |
| Has Mr. Depp proven by a greater weight of the evidence that: |
| The statement was made or published by Ms. Heard? |
| The statement was about Mr. Depp? |
| The statement was false? |
| The statement has a defamatory implication about Mr. Depp? |
| The defamatory implication was designed and intended by Ms. Heard? |
| Due to circumstances surrounding the publication of the statement, it conveyed a defamatory implication to someone who saw it other than Mr. Depp? |
| 3(b). Do you find that Mr. Depp has proven by clear and convincing evidence that Ms. Heard acted with actual malice? |
|
| 4. As against Amber Heard, state the amount of compensatory damages, if any, you believe John C. Depp, II has proven, by a greater weight of the evidence, that he is entitled to recover: |
| We, the Jury, award compensatory damages in the amount of $_______ |
|
| 5. As against Amber Heard state the amount of punitive damages, if any, to which you find John C. Depp, II is entitled to recover: |
| We, the Jury, award punitive damages in the amount of $________ |
|
1. As to this statement appearing in the April 8, 2020 online edition of The Daily Mail: "Amber Heard and her friends in the media use fake sexual violence allegations as both a sword and shield, depending on their needs. They have selected some of her sexual violence hoax 'facts as the sword, inflicting them on the public and Mr. Depp." |
| 1(a). Do you find that Ms. Heard has proven all the elements of defamation? |
| Has Ms. Heard proven by a greater weight of the evidence that: |
| Mr. Waldman, while acting as an agent for Mr. Depp, made or published the statement? |
| The statement was about Ms. Heard? |
| The statement was seen by someone other than Ms. Heard? |
| The statement was false? |
| 1(b). Do you find that Ms. Heard has proven by clear and convincing evidence that the statement by Mr. Waldman was made with actual malice? |
|
2. As to this statement appearing in the April 27, 2020 online edition of The Daily Mail: “Quite simply this was an ambush, a hoax. They set Mr. Depp up by calling the cops but the first attempt didn't do the trick. The officers came to the penthouses, thoroughly searched and interviewed, and left after seeing no damage to face or property. So Amber and her friends spilled a little wine and roughed the place up, got their stories straight under the direction of a lawyer and publicist, and then placed a second call to 911." |
| 2(a). Do you find that Ms. Heard has proven all the elements of defamation? |
| Has Ms. Heard proven by a greater weight of the evidence that: |
| Mr. Waldman, while acting as an agent for Mr. Depp, made or published the statement? |
| The statement was about Ms. Heard? |
| The statement was seen by someone other than Ms. Heard? |
| The statement was false? |
| 2(b). Do you find that Ms. Heard has proven by clear and convincing evidence that the statement by Mr. Waldman was made with actual malice? |
|
3. As to this statement appearing in the April 27, 2020 online edition of The Daily Mail: "We have reached the beginning of the end of Ms. Heard's abuse hoax against Johnny Depp." |
| 3(a). Do you find that Ms. Heard has proven all the elements of defamation? |
| Has Ms. Heard proven by a greater weight of the evidence that: |
| Mr. Waldman, while acting as an agent for Mr. Depp, made or published the statement? |
| The statement was about Ms. Heard? |
| The statement was seen by someone other than Ms. Heard? |
| The statement was false? |
| 3(b). Do you find that Ms. Heard has proven by clear and convincing evidence that the statement by Mr. Waldman was made with actual malice? |
|
| 4. As against John C. Depp, II, state the amount of compensatory damages, if any, you believe Amber Heard has proven, by a greater weight of the evidence, that she is entitled to recover: |
| We, the Jury, award compensatory damages in the amount of $_______ |
|
| 5. As against John C. Depp, II, state the amount of punitive damages, if any, you to which you find Amber Heard is entitled to recover: |
| We, the Jury, award punitive damages in the amount of $____________ |
1 条评论:
这是Gemini解释为什JD不能让Kate Moss出庭为他们作证的原因:
Gemini:
在法律程序中,这种现象通常与证据法中的**“开门原则”(Opening the Door)**有关。简单来说,法官在审理案件时,通常会限制证人证言的范围,要求其必须与案件的核心事实直接相关,以防止庭审变成对当事人整个人生历史的“大挖坟”。
以下是该案例中凯特·摩丝(Kate Moss)作证背后的法理逻辑:
1. 禁止“品格证据”的原则
在大多数英美法系法庭中,原告或被告不能仅仅为了证明对方“以前就不是个好人”或“有暴力倾向”而引入过去的负面行为作为证据。
初衷: 法律希望陪审团关注本次诉讼的具体指控(即德普是否对希尔德施暴,或希尔德是否诽谤),而不是因为德普在20年前曾砸坏过酒店房间就判定他现在也动手了。
结果: 德普过去的感情生活(包括与凯特·摩丝的关系)最初被法官裁定为不相关的,因此德普团队不能主动传唤她来证明“他以前对我很好”。
2. “开门”效应 (Opening the Door)
当艾梅柏·希尔德(Amber Heard)在证人席上主动提到了凯特·摩丝时,情况发生了根本性的变化。
希尔德在描述一次冲突时称,她当时打了德普,是因为她担心德普会将她的妹妹推下楼梯。她随后加了一句:“我立刻想到了凯特·摩丝和楼梯。”
这一句话在法律上产生了两个后果:
引入了特定事实: 希尔德暗示(或引用了传闻)德普曾将凯特·摩丝推下楼梯。
允许反驳: 一旦希尔德一方主动提起了这段往事,这段原本“不相关”的关系就变成了**“相关”的。德普的律师现在有权引入证据来反驳(Rebuttal)**这个具体指控。
3. 反驳证据的必要性
如果希尔德不提,凯特·摩丝的证言属于“无关的品格证词”;但希尔德提了,凯特·摩丝的证言就变成了“对虚假陈述的澄清”。
德普的律师团队在希尔德提到“楼梯”那一刻表现得非常兴奋(甚至握拳庆祝),是因为希尔德在法律上给了他们一个**“入场券”。他们借此机会传唤了凯特·摩丝,而摩丝在视频作证中明确表示:“他从未推过我、踢过我,或把我扔下任何楼梯。”**
总结
这就是为什么如果希尔德方保持沉默,德普方就无法让她出庭:法律不允许为了“立人设”而传唤前任,但绝对允许为了“拆穿谎言”而传唤当事人。 希尔德的策略失误在于,她为了证明自己当时打人的动机合理,无意中打开了那扇原本紧锁的法律之门。
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