Test 1

Front 1

What are the four options that courts have when offered a case as a precedent by an attorney for one of the parties in a lawsuit?

Back 1

i. Accept/Follow
ii. Modify/Update
iii. Distinguish
iv. Overrule

Front 2

What are the typical forms of judicial decree in equity law?

Back 2

i. Temporary restraining order (TRO)
ii. Preliminary Injunction
iii. Permanent Injunction

Front 3

What are the elements of the test set forth by the United States Supreme Court in Brandenburg v. Ohio?.

Back 3

i. Did the speaker actually intend for his/her words to incite lawless action?
ii. "Such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such actions."

Front 4

What are the four key rules that are important to understand when the government engages in prior restraint?

Back 4

i. Prior restraints on speech by the government are unconstitutional. The burden falls on the government to prove that a PR is justified.
ii. Courts require that it be proven there is compelling interest or an interest of the highest order justifying the restraint
iii. The scope of the PR must be very narrow
iv. Speech that falls outside the 1st amendment can be restrained after a judicial proceeding in which a court rules the speech is not protected.

Front 5

What are the elements of the test a court applies to determine the constitutionality of a time, place or manner rule?

Back 5

i. Rules must be content neutral
ii. Rules must not constitute a complete ban on communication.
iii. Rules must be justified by a substantial state interest
iv. Rules must be narrowly tailored

Front 6

According to your textbook, what is the issue regarding student speech rights that the U.S. Supreme Course has not yet considered but that it should address?

Back 6

Constitutionality of laws targeting alcohol advertisements in college newspapers

Front 7

The plaintiff carries the initial burden of proof in a libel action. What five elements must the plaintiff prove to meet this burden?

Back 7

i. The libel was published
ii. Words were of, and concerning plaintiff
iii. Material is defamatory
iv. Material is false
v. Defendant was at fault

Front 8

Libel law has existed for centuries. Why is it a more serious problem for mass media in the 21st century?

Back 8

Libel can spread much more quickly, harder to control

Front 9

What are the criteria for a limited-purpose public figure?

Back 9

i. A public controversy must exist before the publication of the libel.
ii. The plaintiff must have voluntarily participated in this controversy. (Cannot be pulled in afterwards)
iii. The plaintiff must take a role in trying to influence public opinion regarding the controversy.

Front 10

Negligence

Back 10

The failure to exercise ordinary care. (Untrustworthy source, not checking with obvious source)

Front 11

Actual Malice

Back 11

Knowledge of falsity or reckless disregard of whether the material was false or not. (putting quotes out of context, or knowingly publishing untrue facts)

Front 12

How does the Ollman test differ from the Milkovich test as a means of distinguishing fact from opinion?

Back 12

i. Can the statement be proven true or false?
ii. What is the ordinary meaning of the words?
iii. What is the journalistic context of the words?
iv. What is the social context of the words?

Front 13

Ethics

Back 13

a system of moral principles, rules recognized in respect to a particular group (Religion, medical)

Front 14

Morality

Back 14

conformity to the rules of right conduct (Doing the right thing)