Home > Flashcards > Print Preview
The flashcards below were created by user
on FreezingBlue Flashcards. What would you like to do?
judges` instructions to jurors warning them to avoid potentially prejudicial communications. (not to talk to anyone involved with case)
using a persons name, picture, likeness, voice, or identity for commercial or trade purposes without permission.
artistic relevance test
a test used to determine whether the use of a celebrities name, picture, likeness, voice, or identity is relevant to a disputed works artistic purpose. It is used in cases regarding the infringement of a celebrities right of publicity.
acts, generally outside the courtroom that defy court orders or obstruct court proceedings, such as failure to comply with a subpoena to appear in court; sometimes called indirect contempt
the appropriation that used to protect people who want privacy
post ponement of a trial to a later time.
conduct in or near a court that willfully disregards, disobeys or interferes with the courts authority.
drivers pricacy protection act
federal legislation that prohibits states from disclosing personal information that their drivers submit in order to obtain drivers licsences
electronic freedom of information act
a 1996 amendment to the freedom of information act that updates the act by including electronically stored information and subjecting it to the FOIA`s provisions.
experience and logic test
a doctrine that determines the presumptive openess of judicial proceedings on the basis of their history and the role openess plays in assuring the credibility of the process.
in a trial, a judge or the jury determining which facts presented in evidence are accurate.
a privacy tort that involves making a person seem in the public eye to be someone he or she is not. Several states do not allow false light suits
famile educational rights and privacy act(FERPA)
a federal law that protects the privacy of student education records.
a legal duty or responsibility one party owes to another when the parties are in certain relationships w/each other.
for cause challange
in the context of a jury selection, the ability of attorneys to remove a potential juror for a reason the law finds sufficient, as opposed to a premptory challenge,
ABC employees misinterpreted themselves to get jobs at FOOD LION
freedom of information act(FOIA)
The 1996 Act that provides for making information held by federal government agencies available to the public, provided that the information sought does not fall within one of nine exempted categories.
general applicable law
a law that is enforced evenly, across the board. Within 1st ammendment contexts it is the idea that the freedom of the press clause does not exempt journalists and news organizations from obeying laws.
Government in Sunshine Act
Federal meetings open to the public.
intentional infliction of emotional distress
extreme and outrageous intentional or reckless conduct causing plaintiff severe emotional harm; public official and public figure plaintiff alsoe must show actual malice on defendants part.
intrusion upon seclusion
physically or technologically disturbing anothers reasonable expectation of privacy.
negligent infliction of emotional distress
owing a duty to a plaintiff, breaching that duty and causing the plaintiff severe emotional harm.
during jury selection, a challenge in which an attorney rejects a juror without showing a reason. Attorneys have the right to eliminate a limited number of jurors through peremptory challenges.
the tort under which media are sued for publishing highly embarassing private information that is not newsworthy or lawfully obtained from a public record.
determining if it is reasonable to conclude the defendants actions led to the plaintiffs injury.
a government record, particularly one that is publically available.
the part of the electromagnetic spectrum used to send information, such as voice and pictures.
the laws version of an average person.
the concept that reporters can keep information such as identity confidential. The idea is that the reporter- source relationship is similar to doctor-patient and lawyer- client relationships.
a court order forbidding the defendant fom doing a specified act until a hearing can be conducted.
a term given to the practice of journalists and other private citizens accompanying government officials--usually in law enforcement and other emergency response personel--as they carry out their duties.
right of publicity
the appropriation tort protecting a celebrities right to have his or her name, picture, likness, voice and identity used for commercial or trade purposed only with permission.
- a written order issued by a judge, directed to a law enforcement officer,
- authorizing the search and seizure of any property for which there is
- reason to believe it will all serve as evidence in a criminal
state laws that protect journalists from being found in contempt of court for refusing to reveal a source.
a notice asking an individual to appear at a court. potential jurors receive such a summons.
the use of reporting techniques that are wrongful and unlawful and for which the victim may obtain damages in court.
a test to determine whether a creator has transformed a persons name, picture, likeness, voice, or identity for artistic purposes. If so, the person cannot win a right of publicity suit against the creator.
bench bar press guidelines
members of state media groups, bar associations, and members of judiciary met together to craft cooperative agreements to provide guideance to reporters covering the courts. These are ther to limit the media impact within a courtroom or a trial. ex. class discussion on should media be able to cover cout trials?
breach of contract
- is a legal cause of action in which a binding agreement
- or bargained-for exchange is not honored by one or more of the parties
- to the contract by non-performance or interference with the other
- party's performance. If the party does not fulfill his contractual
- promise, or has given information to the other party that he will not
- perform his duty as mentioned in the contract or if by his action and
- conduct he seems to be unable to perform the contract, he is said to
- breach the contract.
- reasonable anticipation of the possible results of an action, such as
- what may happen if one is negligent or consequential damages resulting
- a from breach of a contract.
health insurance portability and accountability act
- Title I of HIPAA protects health insurance
- coverage for workers and their families when they change or lose their
- jobs. Title II of HIPAA, known as the Administrative Simplification
- (AS) provisions, requires the establishment of national standards for
- electronic health care transactions and national identifiers for
- providers, health insurance plans, and employers.
to commit an offense is an attempt to persuade another person, by whatever means, to commit an offense.
The act of intruding or the condition of being intruded on. An inappropriate or unwelcome addition
is a person who closely resembles another person. ... Many look-alikes earn a living by making guest appearances at public events or performing on television
consent for a recording by one party in conversation on telephone.
two- party states
consent by both parties in telephone conversation to be recorded
A freelance photographer who doggedly pursues celebrities to take candid pictures for sale to magazines and newspapers
- "separated from the rest, deprived of something, esp. office, participation in the government", from privo
- "to deprive") is the ability of an individual or group to seclude
- themselves or information about themselves and thereby reveal
- themselves selectively
- The Privacy Act requires that agencies give the public notice of their
- systems of records by publication in the Federal Register. The Privacy
- Act prohibits the disclosure of information from a system of records
- absent the written consent of the subject individual, unless the
- disclosure is pursuant to one of twelve statutory exceptions. The Act
- also provides individuals with a means by which to seek access to and
- amendment of their records, and sets forth various agency
- record-keeping requirements.
privacy protection act
is legislation passed in the United States that protects journalists and newsrooms from search by government officials. The act protects "work products" and "documentary materials." A subpoena must be ordered by the court to gain access to the information. The act stemmed in part from Zurcher v. Stanford Daily.
is a recording intended to imitate the sound of a popular record, the style of a popular recording artist, or a current musical trend; the term also refers to the artists who perform on such recordings.
is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.