Card Set Information

2010-09-29 23:45:14

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  1. absolute privilege
    A complete exemption from liability for the speaking or publishing of defamatory words of and concerning another because the statemetn was made within the performance of duty such as judicial or political contexts.
  2. actual malice
    A media outlet makes a statement, hurting one`s reputation knowing it is a lie
  3. ad hoc balancing
    making decisions according to the specific facts of the case under review rather than more general principles
  4. administrative law
    The orders, rules, and regulations promogulated by executive branch administrative agencies to carry out their delgated duties.
  5. affirm
    to ratify, uphold, or approve a lower court ruling
  6. all purpose public figure
    In libel law a person who occupies a position of such pervasive power and influence as to be deemed a public figure for all purposes. Public figure libel plaintiffs are required to prove actual malice.
  7. amicus curiae
    • Latin term meaning "friend of the
    • court". The name for a brief filed with the court by someone who is
    • not a party to the case.
  8. appellant
    the party making the appeal, also called the petitioner
  9. black letter law
    formally enacted, written law that is available in legal reporters or other documents.-- anything that uses ideas from literature--equity laws
  10. bootstrapping
    in libel law, the forbidden practice of a defendant claiming that the plaintiff is a public figure solely on the basis of statement that is the reason for lawsuit.
  11. Burden of proof
    The requirement for a party to a case to demonstrate one or more claims by the presentation of evidence. In libel law, for example, the plaintiff has the burden of proof.
  12. categorical balancing
    A judges or courts practice of developing rules by weighing different broad categories of interists, such as privacy. The rules may be applied in later cases with similar facts.
  13. Chilling effect
    An effect brought about by any practice that discourages the exercise of a constitutional right. In first ammendment law, a measure that defers freedim of expression may be said to have a chilling effect.
  14. clear and present danger test
    Doctrine establishing that restrictions on 1st ammendment rights will be upheld if they are necessary tp [revent an extremely serious and imminent harm.
  15. common law
    unwritten, judge made law consisting of rules and principles developed through custom and precedent.
  16. Communication Decency Act(CDA)
    The part of the Tellecommunications act of 1996 that largely attempted to regulate internet content.
  17. Compelling interest
    A government interest of the highest order, an interest the government is required to protect.
  18. concurring opinion
    A separate opinion of a minority of the court or a single justice agreeing with the majority opinion bu applying different reasoning or legal principles.
  19. constitutional law
    the set of laws that establish the nature, functions, and limits of government.
  20. content based laws
    enacted because of the message, the subject matter or the ideas expressed in the regulated speech
  21. content nuetral laws
    laws that incidentally and unintentiallty affect speech as they advance other important government interest.
  22. damages
    monetary compensation that may be recovered in court by any person who has suffered loss or injury. Damages may be compensatory for actual loss or punitive as punishment for outrageous slander.
  23. de novo
    "anew" or "over again". On appeal, the court may review the facts de novo rather than simply reviewing the legal posture and process of the case.
  24. defamation
    A false communication that harms anothers reputation and subjects him or her to ridicule and scorn; incorporates both libel and slander.
  25. Defendant
    The party accused of violating a law, or a party being sued in civil lawsuit.
  26. deference
    An act in which courts give weight to the judgment of expert administrative agencies or legislative policies and strategies.
  27. deposition
    Testimony by a witness conducted outside a courtroom and intended to be used in preparation for trial.
  28. designated public forum
    Government spaces or buildings that are used by the public.
  29. discovery
    The pretrial process of gathering evidence and facts. The word also may refer to the specific items of evidence that are uncovered.
  30. discretion
    The authority to determine a proper outcome
  31. dismiss/demurrer
    A request that a court dismiss a case on the grounds that although the claims are true, they are insufficient to warrant a judgment against the defendant.
  32. dissenting opinion
    A separate opinion of a minority of the court or a single justice disagreeing with the result reached by the majority and challanging the majorities reasoning on legal basis.
  33. distinguish
    to justify an outcome in a case by asserting that differences between that case and preceding cases putweigh any similarities.
  34. doctrines
    principles or theories of law
  35. due process
    fair legal proceedings. due process is guaranteed by the 5th and 14th ammendments to the US constitution
  36. en banc
    "on the bench" meaning in full court
  37. equity law
    law created by judges to apply general principles of ethics and fairness, rather than specific legal rules, to determine the proper remedy for legal harm.
  38. establishment clause
    the portion of the 1st ammendment that prohibits government from setting up an official religion.
  39. facial meaning
    the surface, apparant or obvious meaning of legal text.
  40. fair comment and criticism
    a common law privilege that protects critics from lawsuitss brought by individuals in the public eye.
  41. fair report privilege
    privilege claimed by journalists who report on official records. This is sometimes called conditional privilege.
  42. federalism
    a principle according to which the states are related to yet independant of each other, and related to yet independant of the federal government.
  43. fighting words
    words not protected by the 1st ammendment because they cause immediate harm to others.
  44. forum shopping
    a plaintiff choosing a court because he believes it will rule in his favor.
  45. hate speech
    a category of speech that includes name-calling and pointed criticism on aspects such as race, color, gender, ethnicity, and disability.
  46. hecklers veto
    A 1st ammendment concept that generally favors the right of an orderly speaker over the right of an offended or antagonized member of the audience.
  47. holding
    the decision or ruling of a court
  48. important government interest
    an interest of the government that is substantial or signifigant, but not compelling.
  49. incorporation
    the 14th ammendment concept that most of the bill of rights applies equally to the states
  50. injunction
    a court order prohibiting a person or organization from doing some specified act.
  51. intermediate scrutiny
    a standard applied by the courts to the review of laws that implicate core constitutional values; also called heightened review.
  52. involuntary public figure
    in libel la, a person who does not necessarily thrust himself or herself into public controversies voluntarily, but is drawn into a given issue.
  53. judicial review
    the power of the US supreme court to determine the meaning of the language of the constitution and to assure that no laws violate constitutional dictates.
  54. jurisdiction
    the geographic or topical area of responsibility and authority of a court.
  55. libel per quod
    a statement that requires proof
  56. libel per se
    a statement that requires no further proof
  57. libel-proof plaintiff
    a plaintiff whose reputation is deemed to be so damaged already that additional false statements of and concerning him or her cannot cause further harm.
  58. limited purpose public figure
    one who uses case to become public figure.
  59. memorandum order
    an order announcing the vote of the supreme court without providing an opinion.
  60. modify
    to change or revise rather than follow or reject precedent.
  61. moot
    case is no longer "live"
  62. negligence
    generally, the failure to exercise reasonable or ordinary care. In libel law, negligence is usually the minimum level of fault a plaintiff must prove in order to receive damages.
  63. non public forum
    government owned property not available for public speech
  64. original intent
    the perceived intent of the framers of the 1st ammendment
  65. originalists
    supreme court justices who interpret the constitution according to the perceived intent of its framers
  66. overbroad
    law that violates the principles of precision and specifity in legislation
  67. overrule
    to reverse the ruling of a lower court.
  68. overturn
    to reject the fundamental premise of a precedent
  69. per curiam opinion
    an unsigned opinion by the court as a whole
  70. preemptory challenge
    an attorney rejects and dismisses a jurrer
  71. prior restraint
    action taken by the government to prohibet publication of a specific document or text before it is distributed to the public; a policy that requires government approval before distribution/ publication
  72. private figures
    a person who cannot be categorized as a public figure or official
  73. probable cause
    the standard of evidence needed for an arrest or to issue a search warrant
  74. public forum
    government property held for use by the public, usually for speech and assembly.
  75. rational review
    a standard of judicial review that assumes the wisdom of reasonable legislative or administrative enactments and applies minimum scrutiny to their review.
  76. remand
    to send a case back to a lower court for futher action
  77. rule of law
    the framework of society in which preestablished norms and procedures provide for consistant nuetral decision making.
  78. seditious libel
    communication meant to incite people to change the government; criticism of the government
  79. SLAPP
    libel suits whose purpose is to harass critics into silence, often to supress those critics 1st ammendment rights
  80. stare decisis
    "stand by the previous decision"
  81. statutory construction
    the review of statutes in which courts determine the meaning and application of statutes. Courts tend to engage in strict construction, which narrowly defines laws to their clear letter and intent.
  82. statutory law
    written law formally enacted by city, county, state, and federal legislative bodies.
  83. strict liability
    liability without fault; liability for any and all harms, foreseeable or unforseen, that result from a product or an action.
  84. strict scrutiny
    a test for determining the constitutionally of laws restricting speech under which government must show that it has a compelling interest at stake that is advanced by the least restrictive means available.
  85. subpoena
    a comand for someone to testify in court
  86. summary judgment
    the quick resolution of a legal dispute in which a judge summarily decides certain points and issues a judgment dismissing the case.
  87. symbolic speech
    action that warrants 1st ammendment protection because its primary purpose is to express ideas.
  88. textualists
    judges--in particular, supreme court justices--who rely exclusively on a careful reading of legal texts to determine the meaning of law.
  89. time/place/ manner(TPM)
    a 1st ammendment concept that laws regulating the conditions of speech are more acceptable than those regulating content, also, the laws that regulate these conditions.
  90. tort
    a private or civil wrong for which a court can provide remedy in the form of damages.
  91. traditional public forum
    lands designed for public use and historically used for public gatherings. (streets, sidewalks, and parks)
  92. true threat
    speech directed toward one or more specific individuals with the intent of causing listeners to fear for their safety.
  93. underinclusive
    a 1st ammendment doctrine that disfavors narrow laws that target a subset of a recognized category for discrimatory treatment.
  94. USA Patriot act
    the uniting and strengthening america by providing appropriate tools required to intercept and obstruct terrorism act of 2001. Passed in the wake of sept 11. attacks, the act was designed to give law enforcment agencies greater authority to combat terrorism.
  95. vague laws
    laws that either fail to define their terms or use such general language that neither citizens nor judges know with certainty what the laws permit or punish.
  96. venue
    the locality of a lawsuit and of the court hearing the suit. Thus, a change of venue means a relocation of trial.
  97. viewpoint based discrimination
    government censorship or punishment of expression based on the ideas or attitudes expressed. courts will apply a strict scrutiny test to determine whether the government acted constitutionally.
  98. voir dire
    "to speak the truth"
  99. writ of certiorari
    a petition for review by the supreme court of the United States. Certiorari means " to be informed of"
  100. Brandenburg Test
    • The brandenburg test allows punishment of advocacy of illegal action in the speech is:
    • 1. directed toward inciting.
    • 2. immediate violance or illegal action and
    • 3. is likely to produce that action.
  101. incitement
    the act of persuading
  102. Ollman Test
    • 1. Verifiability: is the statement objectively capable of prook or disproof?
    • 2. common meaning: what is the meaning of the words?
    • 3. journalistic context: what is the linguistic or journalistic context in which the statement occurs.
    • 4. social context: what is the broader social context into which the statement fits.
  103. O`brien test.
    • a three part test used to determine whether a content nuetral law is constitutional
    • not related to the supression of speech
    • 2.advances an important government interest
    • 3. is narrowly tailored to acheive that interest with only an incidental restriction of free expression.
  104. slander
    • is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation
    • a negative image. It is usually a requirement that this claim be false
    • and that the publication is communicated to someone other than the
    • person defamed
  105. fault
    as a legal term, refers to legal blameworthiness and responsibility in each area of law. I
  106. falsity
    • is a perversion of truth
    • originating in the deceitfulness of one party, and culminating in the
    • damage of another party. Falsity is also a measure of the quality or
    • extent of the falseness of something, while a falsehood may also mean
    • simply an incorrect (false) statement, independent of any intention to
    • deceive.