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59 Cards in this Set
- Front
- Back
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Explain the difference between the facts and the law in a lawsuit
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Facts are what happened; law is what should be done because of the fact
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What is judicial review?
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The right of any court to declare any law or official governmental action INVALID because it violates a constitutional provision
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Original Jurisdiction
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Determines both the facts and law in the case
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Appellate Jurisdiction
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Courts that hear appeals only from lower courts and other agencies
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4 Elements to determine constitutionality of time, place or manner restrictions or rules
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1. Rules must be content neutral
2. Rules must not constitiue a complete ban on communication 3. Rules must be justified by a substantial state interest 4. Rules must be narrowly tailored |
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Learned Hand
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"The language of the law must not be foreign to the ears of those who are to obey it."
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Gitlow doctrine
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Incorporation Doctrine
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Zenger was not important legally because..
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The jury had ignored the existing law, which remained in effect despite the decision
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Common Law
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an inductive system of law in which a legal rule is arrived at after a consideration of great many specific instances or cases
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Written guarantee of freedom of expression was..
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Regected by the 1787 Constitutional convention
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Congress can abolish all courts save Supreme because..
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The Constitution calls for only one court: the Supreme Court
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Gitlow is important because
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It applied protections in the Bill of Rights to state and local regulations
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Writ of Certiorari
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Agreeing to hear the appeal of a lower court ruling
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Absolutist and access theory...
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Have received the least support from members of the Supreme Court
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Near vs Minnesota
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Prior restraint was unconstitutional IN THIS CASE
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Statutory law vs Common law
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Statutory can deal with problems affecting society or a large group; common law focuses on problems relatinig to specific dispute among 2 people
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Government agencies create rules that make up what kind of law?
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Administrative Law
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Historical significance of common law and equity law
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Equity law began as a supplement to common law
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United States sedition laws...
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may have been given new life recently because of prosecutions and federal statutes that are the result of recent terrorist attacks in the United States
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T/F Mayors and governors have the power to issue rules of law
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True
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T/F A law that is not specific enough may be declared unconstitutional
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True
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T/F A provision of the U.S. Constitution give federal courts the power of judicial review
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False
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T/F Judges today most commonly apply the preferred position balancing strategy to cases involving freedom of speech and press
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True
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T/F The Supreme Court ruling on power of school adminstators to censor the student press clearly applies to student newspapers at public colleges and universities
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False
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T/F Son of Sam laws involve prior restraint
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True
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Which of the following cannot sue for civil libel?
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The estate of any dead person who has been libeled.
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The members of a group may sue for libel on the basis of a defamatory story about the group if
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the group is small enough that each member can be identified.
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In evaluating the truth or falsity of an article, a court will consider
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all of the items listed above.
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Anti-SLAPP laws regulate
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none of the above.
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A person who is libel proof will have difficulty winning a libel suit because
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his or her reputation was seriously damaged even before the publication of the libel.
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The difference between libel per se and libel per quod is that the former is
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clearly defamatory on its face.
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Which of the following was not a reason the Supreme Court used as a rationale in the New York Times v Sullivan case?
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A ruling for Sullivan would imperil the civil rights movement.
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Some courts have used three criteria suggested by the U.S. Supreme Court to decide whether a reporter or editor exhibited reckless disregard for the truth. Which of the following is not one of these three?
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Was the story verified by two independent sources?
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The First Amendment was first applied to libel law by the Supreme Court in
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the 1790s.
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Bootstrapping in libel law occurs when
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the plaintiff pulls the reporters who prepared the story into court as well as the publication or broadcast outlet
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Actual malice is best described as
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ill will and intent to harm the plaintiff.
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In determining whether a government employee is a public figure for the purposes of a libel suit, the court will consider
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what the story is about, and if it was a breaking news story.
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Which of the following is covered under the statute of limitations?
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A libel suit must be filed within a specific period of time after the libel is published.
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When considering whether a defamatory story qualifies for the defense of qualified privilege, courts consider
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all of the above.
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. In defending a lawsuit based on statements of opinion, a defendant may win the case
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all of the above.
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T/F The target of the typical SLAAP suit is always a major media company
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False
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T/F A libelous statement is something that injures an individual’s character but not his/her reputation
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False
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T/F A person must be specifically named or pictured to be identified for purposes of a libel suit.
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True
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T/F The burden of proving truth or falsity of the material generally falls on the plaintiff.
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True
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T/F The cost of defending against a libel suit is as much of a problem for the press as multi-million dollar judgments
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True
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T/F Attributing a statement to a third party will usually not shield a reporter from a libel suit.
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False
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T/F It is always the judge’s responsibility in a libel suit to decide whether the words are defamatory
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False
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T/F A libel suit cannot be based on an isolated phrase taken out of context.
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False
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T/F A person who was considered a public figure in connection with a public controversy remains a public figure with regard to stories published or broadcast about that controversy in the future, despite the passage of time
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True
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T/F Proof that the defendant failed to investigate a charge that later turns out to be false is sufficient to prove actual malice.
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False
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T/F The New York Times rule was generated by a lawsuit stemming from the Clinton-era Whitewater controversy
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False
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T/F A business regulated by the government is always regarded as a public figure
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True
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T/F The statute of limitations for libelous matter on the Internet begins the day the matter is first accessed by a user
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False
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T/F The statute of limitations for libelous matter is two years in Michigan
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False
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T/F A summary judgment occurs when a judge or jury makes a decision in a lawsuit after hearing only a summary of the plaintiff’s allegations and the defendant’s defense
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Fasle
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5 Elements for initial burden of proof in a libel action (5)
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1. Libel was published
2. Words were concerning the plaintiff 3. Material was defamatory 4. Material was false 5. Defendant was at fault |
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Critera for limited purpose public figure (3)
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1. Public controversy must exist before publication
2. Plaintiff must have voluntarily participated 3. Plaintiff must have tried to influence public opinion regarding the controversy |
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Actual Malice
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Knowledge before publication that material was false, or reckless disregard of truth or falsity
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Intentional infliction of emotional distress (3)
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1. Must prove that it was extreme or outrageous
2. That it caused emotional distress That emotional distress was severe 3. That it was intentional |
