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16 Cards in this Set
- Front
- Back
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What are the four main areas of law? |
Four sources of law: constitution, statues and local ordinances, rules and regulations, case law
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What is the burden of proof in a civil case? |
a preponderance of the evidence (51/49) |
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What is the burden of proof in a criminal case? |
beyond a reasonable doubt (90/10) |
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What is the espionage act of 1917? |
A world war 1 era federal act that made it a crime to willfully attempt to cause disloyalty in the military or to hamper military recruiting, among other things.
Significance: Defined the clear and present danger test to determine the point at which speech comes close enough to triggering serious harm that it loses First Amendment protection.
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What are the various elements of the first amendment? |
speech, press, religion, petetion, assembly |
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How does the first amendment affect activity on a private school campus? |
Unless the government is involved, your first amendment right to free speech has not been affected. As a private institution on private land, they have the right to tell you to cease your activity or they can remove you from the campus. |
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Be able to discuss the defamation content of a Facebook post. |
Look at the elements of defamation, and if the post meets these then it is defamatory, otherwise it may just be opinionated and rude. |
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What are the six elements of defamatory tort/case? |
1. Defamatory Content |
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What are the possible four points for libel "per se"? |
1. Saying that the person has committed a crime. 2. is infected with a loathsome, contagious disease |
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What is the significance of the case NYT v. Sullivan? |
This case established the standard of malice for the press. |
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What is the issue of NYT v. Sullivan? |
issue: Did Alabama’s libel law, by not requiring Sullivan to prove that an advertisement personally harmed him and dismissing the same as untruthful due to factual errors, unconstitutionally infringe on the First Amendment’s freedom of speech and freedom of press protections? |
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What are the facts, issue, and ruling of Tinker v. Des Moines? |
Tinker v. Des Moines was about a school district placing a ban on black armbands that students were wearing to express their dissent of the vietnam war/draft. One family, the Tinker(s), went to school with their black armbands and were sent home suspended for a week. The school could not prove that the black armbands would really impair teaching on any level, and the court ruled that the black armbands were protected under free speech as symbolic speech. |
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What are the facts, issue, and ruling of Brandenburg v. Ohio? |
-Brandenburg v. Ohio dealt with the incitement test and defined it |
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How does the fourth amendment apply to police ride alongs and media access? |
Wilson v. Layne
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Why is the freedom of information act (FOIA) significant and what are its elements? |
The FOIA is significant because it opened a massive amount of federal records that became available to the public. FOIA covers virtually every unit in the executive branch except for the president and the president’s immediate staff; the act does not cover the legislative or judicial branches of the federal gov. |
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What are the nine exemptions for disclosure under the freedom of information act (FOIA)? |
1. National defense |
