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20 Cards in this Set
- Front
- Back
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Law derived from the United States Constituion that is not otherwise set out in a statute or a legislatively created law.
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Constitutional Law
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The right of a citizen to say (or write) exactly what he or she thinks without fear of governmental retribution.
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Freedom of Speech
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A civil wrong.
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Tort
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Involves the use of aspects of one's wn personality for economic gain.
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Right of Publicity
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Law evolving from judicial precedent rather than statute.
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Common Law
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Something fixed in a tangible format (medium).
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Permanent publication
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The theory that one is barred from applying a principle of law in a given situation.
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Estoppel
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Voluntary and deliberate actions that relinquish a right.
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Express waiver
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A person's actions that cause another to believe that a right has been relinquished.
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Implied waiver
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Material, if the "average person, applying contemporary standards to the dominant them of the material taken as a whole, appeals to prurient interests."
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Obscene
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What one calls oneself.
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Name
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An image or picture.
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Likeness
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Attributing a characteristic to a person in instances in which such characteristic does not apply.
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False attribution
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Tort involving false statements about a person that are communicated to another person, resulting in ridicule or contempt of the person they were said or written about.
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Defamation
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Verbal defamation
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Slander
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Written defamation
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Libel
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Statements so defamatory so as to be determined defamatory on their face.
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Defamation per se
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Failure to adhere to a defined standard of care.
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Negligence
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Being held responsible regardless of the degree of care exercised.
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Strict liability
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An implied or express permission.
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Consent
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