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48 Cards in this Set

  • Front
  • Back
actual damages
money damages awarded to the injured party as compensation for a specific loss
actual malice
publishing with knowing falsity or reckless disregard for the truth
adjudication
the declaration of a final judgement based on the evidence presented
arraignment
reading of the charge against a persons. bond is set, and a lawyer is appointed if the person cannot afford one. In MI, this hearing takes place in the district court
Bench trial
a trial held in the presence of a judge without a jury
certiorari
permission given by the US Supreme Court to allow a case to be appealed
common law copyright
right to control the profit from or use of literary, artistic or intellectual work
contempt
an act which is intended to hinder or obstruct the court in providing the justice
counterclaim
the defendant in a case takes legal action against the plaintif
criminal contempt
acts done is disrespect for the court. Judges use this form of contempt to punish behavior
defamation
any communication, which exposes a person to hatred, ridicule or contempt. The person's reputation is harmed or damaged
deposition
a pretrial discovery which consists of oral testimony under oath given by a witness upon oral questioning of attorneys for either side (usually in office not court)
direct contempt
acts of contempt committed in the presence of the court or in close range, causing an interruption of court proceedings. civil or criminal
doctrine of neutral reportage
recognizable defense against a libel claim. Reporters have a qualified privilege to report on controversial matters of public interest using reputable sources
double jeopardy
can't be tried for the same crime twice
exclusionary rule
evidence obtained in violation of search and seizure protections guaranteed by the 4th amendment is not admissible in court
exemplary damages
damages awarded to plaintiff that exceed actual damages. form of compensation fora wrong done to one party by another
fair comment
common law defense in invasion of privacy torts- guarantees the freedom of the press to express statements on matters of public interest
14 amendment
protects all "persons" from deprivation of life, liberty or property without due process of law
in camera
a judicial proceeding which takes place in the judges chamber or in a courtroom without spectators
indirect contempt
acts of contempt not occurring near or in the presence of the court, but interrupt court proceedings. civil or criminal. generally disobey a judges order
injunction
a cout order preventing a person or group from doing or continuing to do a specific act
interlocutory order
temporary injunction used to preserve information given during the litigation of a trial
interrogatories
a pretrial discovery where written questions are submitted by one party of a lawsuit to the other. the answers are given under oath, usually in the presence of the their attorney
intrusion on physical solitude
invasion of privacy tort, an action which occurs when an individual's expectations of privacy or right to be left alone is breached
irreparable harm
harm done which law cannot remedy.
jurisdiction
the power or authority of a particular court to hear and adjudicate matters in dispute
libel
written defamation
moot case
when the outcome will not affect an existing controversy. or when the parties involved are no longer interested or matter has already been resolved
patent
guarantees the right to exclude others from making, using, or selling a person's invention. this protection includes the right to license others to make or sell the invention
peremptory challenge
the right an attorney has to challenge a juror without giving a reason. each attorney is allowed a specific number
petitioner
the person or group who initiates an action in court or to a legislative body
precedent
a decision of a court that is recognized as an authority in deciding cases which deal with similar or identical questions of law
preliminary hearing
a hearing in which the judge must decide wither or not there is sufficient evidence to prove a crime was committed and probable cause to believe that the defendant committed the crime. In Michigan, takes place in district court
pretrial hearing
a court-related device to weed out inadmissible evidence in advance of trial
prior restraint
a gag order issued by a court to prevent or stop publication of specific information
qualified privilege
a privilege given to media which protects it from liability of defamatory statements made during official proceedings. The published story must be a fair and accurate account of what happened
rearraignment
In Michigan, this process is usually done through the mail. a trail date is set and defendant can plead guilty then
remand
the act of an appellate court when it sends a case back to the trial court with orders to conduct a new trial- make a decision "not inconsistent with this court (appellate)
respondent
the person or group whom the appeal is made against
Right to publicity
in an invasion of privacy tort- the right an individual has to profit from his or her likeness or prevent others from gaining value for his/her own commercial benefit
sequester
a judge isolates jurors during a trial (putting them up in hotels, etc) to separate them from the public. action taken by judge to assure a fail trial to defendant
sixth amendment
the right of an indv. to a speedy trial by impartial jury, to be informed of charges against him, to confront witnesses, the right to have compulsory proceedings to obtain witnesses in favor, to have assistance of counsel
slander
spoken defamation
subpoena duces tecum
a court subpoena for notes and records
summary judgement
judgement made by the court before or during a trial. response to a motion by the plaintiff or defendant who claims there is not enough evidence or there is no dispute that the info. is fact
venue
the geographical area where a court has jurisdiction. a judge orders a change of venue, or change of location to assure the defendant a fair trial
violating ordinary decency
an invasion of privacy tort which occurs when info about a persons private life is published, and there is no relevant newsworthy tie