Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
24 Cards in this Set
- Front
- Back
|
Money warded in a libel suit to a plaintiff who can demonstrate evidence of harm to reputation; can include evidence of emotional distress, and proof of monetary loss. |
Actual Damages |
|
|
(NY Times) In libel, publication with the knowledge of the falsity of the story or with reckless disregard for the truth. The US SC has said that both public officials and public figures must prove NY Times _______________ in order to win libel suits. |
Actual Malice |
|
|
A libel defense protecting false and defamatory statements made by certain individuals, such as government officials acting in their official capacities, or in certain documents, such as those filed with court. |
Absolute Privilege |
|
|
The responsibility imposed on one side in a legal conflict to prove its version of the facts. |
Burden of Proof |
|
|
In communications, a regulated monopoly, guaranteed profits by the government, that is expected to provide message delivery service to anyone for a fee, without interfering in the content of the message. |
Common Carrier |
|
|
Frequently used to mean the media error that the pain tiff must prove to win a libel suit. Plaintiffs who are judged to be public officials or public figures must prove NY Times actual malice. Individual states can determine the level of ________ that must be proven by other plaintiffs, but most states have chosen negligence. |
Fault |
|
|
A rule stating that material must be defined as innocent rather than defamatory if an innocent construction is possible. |
Innocent Construction Rule |
|
|
Implied Defamation |
Innuendo |
|
|
Printed or, in some states, broadcast defamation. |
Libel |
|
|
Not acting as a reasonable person would. In some states, a journalist not acting as a reasonable journalist would. |
Negligence |
|
|
A libel defense in a few jurisdictions. May be found if the defamatory charges are newsworthy and related to a public controversy, made by a responsible person or organization, about a public official or figure, and accurately and neutrally, and if the story includes opposing views. |
Neutral reportage |
|
|
A court's written statement explaining its decision, or a judges written statement explaining agreement or disagreement with a courts decision. |
Opinion |
|
|
Intentionally defaming product quality causing the product manufacturer to lose money. |
Trade Libel or Product Disparagement |
|
|
The US SC has said that people become this for the purpose of libel suits only if they (1) poses widespread fame or notoriety or (2) have injected themselves into the debate of a controversial public issue for the purpose of affecting the outcome of that controversy. |
Public Figures |
|
|
Money damages awarded to punish a defendant rather than to compensate the plaintiff for a loss of money or reputation. |
Punitive Damages |
|
|
A journalists libel defense based on anthers absolute privilege. This kind may be lost if the story is not fair and accurate if the defamatory statements are not accurately attributed. |
Qualified Privilege |
|
|
What others think of a person or entity |
Reputation |
|
|
A publication of the American Law Institute that attempts to provide a comprehensive statement of the law of torts. |
Restatement (second) of torts |
|
|
Defaming the government |
Seditious Libel |
|
|
Spoken defamation. However, in most states, defamation spoken on broadcast stations or in motion pictures is considered libel. |
Slander |
|
|
Libel suits filed against citizen activists to stop political expression. |
SLAPP Suits ( Strategic Lawsuits Against Public Participation) |
|
|
Money damages compensating for the loss of reputation that are awarded only on proof of out-of-pocket monetary loss. |
Special Damages |
|
|
A ruling by a judge that there is no dispute of material fact between the two parties in a case, and that one party should win the case as a matter of law; precludes the need for a trial |
Summary Judgment |
|
|
Trade limits established by statute during which lawsuits may be filed or criminal charges brought. |
Statute of Limitations |
