Media Law CH.1.3

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Author:
vpenaloza23
ID:
4997
Filename:
Media Law CH.1.3
Updated:
2010-01-24 17:01:39
Tags:
ML Ch.1.3
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Description:
ML ch.1. part 3.
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  1. In a civil case, lawyers must prove preponderance of the evidence.
    • level of certainty required for civil cases.
    • lower than that required for a criminal trial.
    • the facts support one side more than the other.
  2. Tort
    • wrongful action that gives someone the right to sue the wrongdoer.
    • tortfeasor=defendant, plaintiff=person bringing the case.
  3. Types of damages:
    general
    compensation for non-monitary loss
  4. Types of damages:
    Special
    compensation that requires proof of monetary losses
  5. Types of damages:
    actual/compensatory
    can include both general and special damages.
  6. Types of damages:
    Presumed
    awarded without any proof
  7. Types of damages:
    Statutory
    damages set by statute
  8. Types of damages:

    Treble
    three times the actual damages.
  9. Types of damages:
    PUnitive
    • damage award, often high, intended to punish a wrongdoer.
    • cannot exceed 10 times the general and special damages.
  10. Motions for dismissing a case:
    Demurrer
    motion to dismiss and it contends that there is no legal basis for the lawsuit.
  11. Motions for dismissing a case:
    ummaryJudgement
    usually based on the defendants notion that there is no factual basis for the lawsuit to proceed further.
  12. Discovery
    • Pretrial process by which the parties share information and evidence.
    • excellent for lawyers to be able to plan ahead.
  13. Case citation
    • 376 U.S. 254
    • volume number. court. page number.

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