I feel pretty confident in guessing that AMTA's defamation law will closely resemble major Supreme Court precedent. Imagine the problems that would ensue if AMTA changed defamation law and then you have a whole bunch of judges who are assuming that real-world standards apply. I mean, in the Harmon case, the definitions of various types of homicide was lifted wholesale from the Model Penal Code -- AMTA's not exactly trying to reinvent the wheel here.
Skull, yeah, I agree. That's what I meant by bootstrapping. However, it's going to be a fuzzy line and I can see some legitimate, 403 confusing or misleading the jury objections. The problem will be that it all comes in to prove falsity. Since there are no objections during closing, I guess there won't be much you can do if someone tries to misapply the law. It'll be up to the judges to make these pretty fine discriminations in the law, which will probably rarely happen.
Yeah, I think we're pretty much on the same page there. It'll be a morass.