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Comm Law Midterm
This is a study guide for the midterm for chapters 1,2,3,4,5
| Question | Answer |
|---|---|
| Common Law | Based on English system , judges based rulings in precedent |
| stare decisis | legal philosophy that ruling should not be frequently overturned |
| statutory law | based on legislative actions |
| Administrative law | Based on regulations established by executive branch |
| Equity law | based on judge rulings; used judicial decree |
| Two types of court proceedings | criminal and civil |
| True or False: In appellate court, the jury considers new information about whether to overturn decision in original court | False |
| How many Supreme court justices are there | 9 |
| True or false: the supreme court only take s up about half of the cases that are submitted to it | False: around 1% |
| what are the three branches of govt | legislative, executive judicial |
| What are the five rights guaranteed in the first amendment | speech, press, assembly, petition, religion |
| Whitney v. california | 1927 Sedition case, with Holmes establishing the :clear and present danger" gudielines |
| Brandenburg v. Ohio | 1969 updating of sedition laws that advocate for illegal conduct unless speech is likely to incite violence |
| Near v. Minnesota | Prior restraint case involving shutting down of a newspaper viewed as a public nuisance |
| Gitlow v. New York | 1925 case establishing incorporation doctrine, that the first amendment guidelines apply to states and not just feds |
| John Peter Zenger v. New York | JPZ wrote an article criticizing government corruption and was sued. The courts ruled that he was protected under first amendment |
| Sedition | conduct or speech inciting people to rebel against the government |
| Prior restraint | government or political entity must have approval of publication before distribution |
| Pentagon Papers | The US was unnecessarily bombing Vietnam and Cambodia without public knowledge |
| Absolutist theroy | no law shall abridge the freedom of expression, no exceptions or qualifications |
| Ad Hoc Balancing theory | judge examine and rules based on each cases unique facts (first amendment relates to its specific situation |
| Meikjohnion theory | the purpose of the first amendment is to keep voters informed, therefore a type of self governance |
| Marketplace of ideas theory | the more important you are, the more valid your idea of free speech is |
| Access theory | Essentially only rich people should be allowed free speech |
| Self-fulfillment theory | free speech is a from of expression and should be seen as such |
| Hazelwood v. Kuhlmeier | School newspaper shut down for writing about "mature subjects" Supreme court ruled in favor of school |
| Morse v. Frederick | "Bong hits 4 jesus" case in which supreme court ruled that speech can be censored if it advocates for illegal activity |
| Bethel v. Fraser | School can censor speech that is lewd in nature |
| pitt news v. papert | alcohol ads being banned was a violation of free speech |
| Citizens Univted v. FEC | The FEC prohibited people in their funds from making speeches. This violates the first amendment |
| three limitations on free speech | time, place, and manner |
| Son of Sam laws | prohibit criminals from profiting off of their stories |
| fighting words doctorine | face to face speech intended to cause harm |
| Two types of court cases | civil and criminal |
| SLAPP Laws | suits designed to limit speech, to stop people form publishing damaging things |
| OSP | online service providers |
| CDA | Communication decency act; you can't sue OSP for libel, only publisher of said libel |
| SPEECH | Act designed to shield US citizens form foreign libel judgements |
| 5 elements of a libel suit | publication, identification, reputation, falsity, and proof of fault |
| Difference between libel and slander | libel is written and slander is psoken |
| In the U.S, who ahs the full burden of proof? | plaintiff |
| What has to be proven in order for a public figure plaintiff to win a libel suit? | Negligence |
| Negligence | Failure to exercise reasonable care |
| Public figure have to prove defendant acted with___ | actual malice |
| Three types of public figures | all purpose, limited, and public officals |
| Summary Judgement | A judgement granted to a party a lawsuit when the pleadings and other materials in use make it impossible for a jury to vote |
| Statute of limitations | the "expiration date" of a crime (1-3 years for libel) |
| Jurisdiciton | The question of which state can you sue in? |
| Keeton v. Huslter | this case set the precedent for jurisdiction in separate states if defamation occurs involving the publication and the plaintiff are in separate states |
| Colder v. Jones | case set precedent for jurisdiction over libelous statements made on an interstate level |
| Absolute privledge | all speech made in a political proceeding setting is protected |
| Qualified rpvledge | People reporting on political proceedings are protected as long as they are being fair and truthful |
| Ollam Test | statement must be... unable to prove false, common ordinary meaning of words, social context. journalistic context. |
Created by:
bobbybcat02
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