Manuel Applied for a Variance from the Local Zoning Ordinance

question 75

Essay

Manuel applied for a variance from the local zoning ordinance in order to build a building. His neighbor, Sandra, appeared before the zoning board to speak in opposition to the application. At the hearing, Sandra testified under oath and made several untruthful statements regarding Manuel's character which she believed, but which were not correct. The variance was denied. Manuel is now considering a lawsuit against Sandra for slander. Does Manuel have a valid cause of action against Sandra? Explain. What are the elements that he must prove to win a case of slander? What defenses can Sandra raise to the action?

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Definitions:

Penalty

A fine or charge levied by the IRS for failure to comply with tax laws, such as late filing or underpayment of taxes.

Federal Tax Withholding

The portion of an employee's wages removed by the employer and sent directly to the government as partial payment of income tax.

FICA Withholding

The process by which employers withhold social security and Medicare taxes from their employees' paychecks, contributing to the FICA taxes owed.

Social Security Limit

The maximum amount of earnings on which Social Security payroll taxes are levied, also affecting the amount that can be received as Social Security benefits.