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48 Cards in this Set
- Front
- Back
actual damages
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money damages awarded to the injured party as compensation for a specific loss
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actual malice
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publishing with knowing falsity or reckless disregard for the truth
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adjudication
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the declaration of a final judgement based on the evidence presented
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arraignment
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reading of the charge against a persons. bond is set, and a lawyer is appointed if the person cannot afford one. In MI, this hearing takes place in the district court
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Bench trial
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a trial held in the presence of a judge without a jury
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certiorari
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permission given by the US Supreme Court to allow a case to be appealed
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common law copyright
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right to control the profit from or use of literary, artistic or intellectual work
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contempt
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an act which is intended to hinder or obstruct the court in providing the justice
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counterclaim
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the defendant in a case takes legal action against the plaintif
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criminal contempt
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acts done is disrespect for the court. Judges use this form of contempt to punish behavior
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defamation
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any communication, which exposes a person to hatred, ridicule or contempt. The person's reputation is harmed or damaged
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deposition
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a pretrial discovery which consists of oral testimony under oath given by a witness upon oral questioning of attorneys for either side (usually in office not court)
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direct contempt
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acts of contempt committed in the presence of the court or in close range, causing an interruption of court proceedings. civil or criminal
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doctrine of neutral reportage
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recognizable defense against a libel claim. Reporters have a qualified privilege to report on controversial matters of public interest using reputable sources
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double jeopardy
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can't be tried for the same crime twice
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exclusionary rule
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evidence obtained in violation of search and seizure protections guaranteed by the 4th amendment is not admissible in court
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exemplary damages
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damages awarded to plaintiff that exceed actual damages. form of compensation fora wrong done to one party by another
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fair comment
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common law defense in invasion of privacy torts- guarantees the freedom of the press to express statements on matters of public interest
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14 amendment
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protects all "persons" from deprivation of life, liberty or property without due process of law
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in camera
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a judicial proceeding which takes place in the judges chamber or in a courtroom without spectators
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indirect contempt
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acts of contempt not occurring near or in the presence of the court, but interrupt court proceedings. civil or criminal. generally disobey a judges order
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injunction
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a cout order preventing a person or group from doing or continuing to do a specific act
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interlocutory order
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temporary injunction used to preserve information given during the litigation of a trial
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interrogatories
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a pretrial discovery where written questions are submitted by one party of a lawsuit to the other. the answers are given under oath, usually in the presence of the their attorney
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intrusion on physical solitude
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invasion of privacy tort, an action which occurs when an individual's expectations of privacy or right to be left alone is breached
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irreparable harm
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harm done which law cannot remedy.
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jurisdiction
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the power or authority of a particular court to hear and adjudicate matters in dispute
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libel
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written defamation
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moot case
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when the outcome will not affect an existing controversy. or when the parties involved are no longer interested or matter has already been resolved
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patent
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guarantees the right to exclude others from making, using, or selling a person's invention. this protection includes the right to license others to make or sell the invention
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peremptory challenge
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the right an attorney has to challenge a juror without giving a reason. each attorney is allowed a specific number
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petitioner
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the person or group who initiates an action in court or to a legislative body
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precedent
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a decision of a court that is recognized as an authority in deciding cases which deal with similar or identical questions of law
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preliminary hearing
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a hearing in which the judge must decide wither or not there is sufficient evidence to prove a crime was committed and probable cause to believe that the defendant committed the crime. In Michigan, takes place in district court
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pretrial hearing
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a court-related device to weed out inadmissible evidence in advance of trial
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prior restraint
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a gag order issued by a court to prevent or stop publication of specific information
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qualified privilege
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a privilege given to media which protects it from liability of defamatory statements made during official proceedings. The published story must be a fair and accurate account of what happened
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rearraignment
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In Michigan, this process is usually done through the mail. a trail date is set and defendant can plead guilty then
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remand
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the act of an appellate court when it sends a case back to the trial court with orders to conduct a new trial- make a decision "not inconsistent with this court (appellate)
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respondent
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the person or group whom the appeal is made against
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Right to publicity
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in an invasion of privacy tort- the right an individual has to profit from his or her likeness or prevent others from gaining value for his/her own commercial benefit
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sequester
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a judge isolates jurors during a trial (putting them up in hotels, etc) to separate them from the public. action taken by judge to assure a fail trial to defendant
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sixth amendment
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the right of an indv. to a speedy trial by impartial jury, to be informed of charges against him, to confront witnesses, the right to have compulsory proceedings to obtain witnesses in favor, to have assistance of counsel
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slander
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spoken defamation
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subpoena duces tecum
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a court subpoena for notes and records
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summary judgement
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judgement made by the court before or during a trial. response to a motion by the plaintiff or defendant who claims there is not enough evidence or there is no dispute that the info. is fact
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venue
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the geographical area where a court has jurisdiction. a judge orders a change of venue, or change of location to assure the defendant a fair trial
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violating ordinary decency
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an invasion of privacy tort which occurs when info about a persons private life is published, and there is no relevant newsworthy tie
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