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157 Cards in this Set
- Front
- Back
Courts have generally held that a trial may be closed to protect the indentity of:
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A sexual assault victim
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As discussed in class, _____ is a judicial order commanding a party to appear in court and explain why the court should not take a proposed action.
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Show cause
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in court rulings on whether trials are presumptively open or closed
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the Supreme Court has ruled that CRIMINAL trials are OPEN, and lower federal courts have ruled that CIVIL trials are OPEN
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(T or F) If a judge orders a proceeding closed, a reporter who is at the hearing should make a formal objection
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TRUE
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The Supreme Court ruled in Chandler v. Florida that
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televising a trial does not in and of itself cause prejudice to the defendant
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The Press-Enterprise test is used by judges to
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Determine whether a pretrial proceeding will be open or closed
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(T or F) The Federal Courts are in disagreement as to whether deportation hearings should always be open to the press and public.
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TRUE
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(T of F) In controversial, highly publicized cases, jury verdicts are often sealed to protect the jurors from retribution
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FALSE
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To overturn a conviction in a trial that has been televised, the defendant must show
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that the use of the electronic recording equipment made a substantial difference in the outcome of the trial
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(T or F) An action by an appellate court setting aside or changing a decision of a lower court is referred to as a reversal
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TRUE
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(T or F) Cameras are barred from all federal courtrooms
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FALSE
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Although the press has been granted access to many, maybe even most, documents filed in connection with a trial, reporters are routinely denied access to:
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out of court settlements and records entered under a protective order
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Proceedings before military tribunals
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may or may not be open
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(T of F) As discussed in class, show cause refers to the condition in which a legal dispute has evolved to the point where the issues it presents can be effectively resolved by a court
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FALSE
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the phrase "in camera" means:
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refers to a legal hearing held in the judges chambers or otherwise in private
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policy of Federal Courts to refrain from deciding a case
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Abstention
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decision by a court that the defendant is not guilty
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acquitted
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temporary
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ad hoc
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to rule upon judicially
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adjudicate
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written statement of facts voluntarily given
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affidavit
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conditions that increase the seriousness of a crime but are not apart of its legal definition
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aggravating circumstances
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friend of the court
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amicus curiae
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prior to
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ante
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a procedure; a case taken to a higher court for review
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appeal
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the party filing for appeal
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appellant
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legal authority of Superior Court to review or render judgement of appeal
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appellate jurisdiction
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party who is satisfied with lower court's ruling
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appellee
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unreasonable, capricious, not done in accordance with established principles
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arbitrary
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first official court appearance by criminal defendants
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arraignment
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swear to or witness
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attest
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to check out thoroughly
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bet
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good faith; something done in good faith
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bona fide
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a written argument of law and fact submitted to the court, written by an attorney, representing a party having an interest in a lawsuit
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brief
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a kind of law that has evolved from past court decision as opposed by laws created by legislative acts
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case law
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an order of an appellate court to an inferior court to send up the records of a case that the appellate court has elected to review
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writ of certiorari
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law that has evolved from usage and custom as reflected in the decisions of the courts
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common law
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authority that may be exercised by both the state and federal govts
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concurrent powers
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an opinion that agrees with a result of the majority but disagrees with the appropriate rationale at reaching that opinion
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CONCURRING OPINION
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the right of a criminal defendant to see the testimony of prosecution witnesses and subject such witnesses to cross examination
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CONFRONTATION
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a purposeful failure to carry out an order of a court
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CIVIL CONTEMPT
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A willful display of disrespect for the court
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CRIMINAL CONTEMPT
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translates: in fact
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DE FACTO
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sworn testimony taken out of court
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DEPOSITION
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an action by the judge ordering a jury to return a specified verdict
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directed verdict
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a formal written expression by a judge who disagrees with the result reached by the majority
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DISSENTING OPINION
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the schedule of cases to be heard by a court
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DOCKET
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the authority of the govt. to take private property for public purpose
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EMINENT DOMAIN
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to construct political boundaries for the purpose of giving advantage to a particular political party or interest
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GERRYMANDER
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"you have the body" a writ issued to determine if a person held in custody is being unlawfully detained or imprisoned
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HABEAS CORPUS
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legal hearing held in the judges chamber or otherwise in private
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IN CAMERA
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in the form of the pauper; a special status given to indigent that allows them to proceed without payment of court fees and to be exempt from certain procedural requirements
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IN FORMA PAUPERIS
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below
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INFRA
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a writ prohibiting the person to whom it is directed from committing certain specified acts
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INJUNCTION
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among other things
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INTER ALIA
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a judicial comment during the course of delivering the judicial opinion, but not important to the decision of the case; is not precedential; something said in passing
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OBITER DICTA
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excusing a prospective juror without explaining the reasons for doing so
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PEREMPTORY CHALLENGE
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a trial court jury to decide criminal or civil cases
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PETIT JURY
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party coming to court seeking relief
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PETITIONER
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a condition in which a legal dispute has evolved to the point where the issues can be effectively resolved by a court
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RIPENESS
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a judicial order commanding a party to appear in court and explain why the court should not take a proposed action
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SHOW CAUSE
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the justice dept official whose office represents the US Govt. in all litigations before the US Supreme Court
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US SOLICITOR GENERAL
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the right of parties to bring legal actions because they are directly affected by the legal issues raised
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STANDING
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let the decision stand
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STARE DECISIS
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a court action taken without explicit notice or indication; under silence
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SUB SILENTIO
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a decision made by a court without a full hearing or without receiving briefs or oral arguments
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SUMMARY JUDGEMENTS
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A primary goal of free speech in the marketplace theory is:
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Discovery of Truth
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The Congress has the authority to abolish every federal court in the land, except for the Supreme Court of the United States because:
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The Constitution specifically calls for only one court, The Supreme Court
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(T of F) in libel law, a public controversy is defined as a controversy in which the resolution will affect a larger group of persons than those involved in the controversy
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TRUE
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The "single mistake rule" says:
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It is not always defamatory to report that a professional or business person has made a single error
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(T of F) The Leonard Law only applies in California
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TRUE
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Why is the Gitlow ruling important?
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It applied the First Amendment protections to actions by state and local government entities
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What is the statute of limitations in most states?
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1-2 years
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What is hearsay?
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testimony not based on the personal knowledge of the witness, but a repetition of what the witness has heard others say
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What is the primary method by which the US Supreme Court exercises its discretionary jurisdiction to accept appeals for a full hearing?
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Writ of Certiorari
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School officials may regulate speech that they reasonably believe will materially and substantially disrupt or interfere with classwork, educational activities and/or discipline in what case?
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Tinker v. Des Moines
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THIS case asserts that Educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored publications as long their actions are reasonably related to the "legitimate pedagogical concerns"
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HAZELWOOD v. Kuhlmeier
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This case ruled: Schools may regulate sexually offensive speech that is lewd, vulgar or indecent (they can also regulate obscene speech since it is without First Amendment;
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BETHEL v. Fraser
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(T of F) A person who was considered a public figure in connection with a public controversy remains a public figure with regard to stories published or broadcast about that controversy in the future, despite passage of time
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TRUE
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(Yes or No) Can the estate of a dead person sue for libel?
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NO
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Most judges tend to focus on one of the four elements of the tort of intentional infliction of emotional distress when evaluating a defendant's actions. It is:
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Whether the defendant's conduct was OUTRAGEOUS
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The outcome of the John Peter Zenger Case is an early example of:
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JURY NULLIFICATION
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In the law of privacy, use of a person's name or likeness without consent for advertising or trade purposes
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APPROPRIATION
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The removal from public inspection of records showing existence of a case is:
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SECRET DOCKETS
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(T of F) An indictment is a writ prohibiting the person to whom it is directed from committing certain specified acts.
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FALSE
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Defenses against libel actions, in addition to qualified privilege and the opinion defenses, include
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consent and right of reply
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361 U.S. 479 (1963)
The number 361 refers to? |
The volume of the reporter which contains the case
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361 U.S. 479 (1963)
U.S. refers to? |
abbreviated name of the case reporter
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361 U.S. 478 (1963)
The number 478 refers to? |
Page number on which the report of the decision in the case begins
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Most courts have not adopted what defense to libel?
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Neutral reportage
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This case struck down as unconstitutional, a law restricting alcohol ads in college newspapers
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Pitt News v. Pappert (2004)
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Is libel law generally more protective of men than women regarding allegations of sexual misconduct?
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YES
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Under the statute of limitations libel rules, the date of publication for a newspaper begins:
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the date of publication that appears on the newspaper
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Can an actor protect their interest in a fictional character with which they have become closely identified through a film or television series?
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YES
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Are places like public parks and street corners treated by the courts to be designated public forums?
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NO
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In most states, the law treats libel and slander as:
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CIVIL ACTIONS
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Govt. agencies like the FCC creates rules that make up law known as:
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ADMINISTRATIVE LAW
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School officials may regulate speech that they reasonably believe will disrupt with classwork and educational activities
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TINKER
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Schools may regulate speech that is school sponsored and/or part of the curriculum so long as the censorship is reasonably related to legitimate educational concerns
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HAZELWOOD
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Schools may regulate sexually offensive speech that is lewd, vulgar or indecent; this language would undermine the school's basic educational mission
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BETHEL
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in evaluating the truth of falsity of an article, a court will consider
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material errors of fact
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A per curiam opinion is:
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an unsigned opinion from an appellate court
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An inductive system of law in which a legal rule is arrived at after consideration of a great many specific instances or cases
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COMMON LAW
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Section 230 of the Communications Decency Act will not protect an online service provider from liability for transmitting unlawful content provided by a third party IF:
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the online service provider has in some way encouraged the creation of the illegal content
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What case decided that there is no constitutional right for journalists to embed with US military forces in combat?
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Flynt v. Rumsfeld
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The right of publicity differs from the right of privacy because:
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it is considered a property right, not a personal right
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A person of reasonable and ordinary intelligence would not be able to tell, from looking at its terms, what speech is allowed and what speech is prohibited under which statute?
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The void for vagueness doctrine
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The process of courts and judges interpreting the meaning of statutes
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Statutory construction
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the provability of the statement, the context of the remarks, and the ordinary meaning of the words refers to:
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criteria in the Oilman Test
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To win special damages, a plaintiff must show specific monetary or economic loss
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YES
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Why is the intrusion tort different from other right to privacy torts?
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Publication of the private information is not required to establish a legitimate cause of action
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Laws limiting minors' access to video games depicting violent images are subject to the standard of judicial review known as:
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STRICT SCRUTINY
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The Supreme Court hears how many cases?
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Fewer than 100
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Generally speaking, when can a reporter or editor be considered negligent if the published a story without checking it out completely?
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If they published the story based on allegations that are made by a source who has been found to be unreliable in the past
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Who are most criminal prosecutions brought by?
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police officers and public officials
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(T of F) To prove malice, a plaintiff must prove both knowledge of falsity and reckless disregard for the truth
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FALSE
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The First Amendment being first because it is the most important is:
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a "historical myth"
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A person whose reputation has been seriously damaged before the publication of libel is:
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LIBEL PROOF
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The US Supreme Court's opinion in the case of McIntyre v. Ohio Elections Commission reveals that there is a First Amendment right to engage in what type of speech?
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ANONYMOUS SPEECH
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A brief or fleeting use of a person's name or likeness in a commercial vehicle is permitted in the privacy law known as:
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Doctrine of Incidental Use
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Under the fighting words doctrine, it is permissible for a state to prosecute someone without infringing on First Amendment rights when:
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During a heated dispute between two persons, one of them shouts a racial slur directly at the other
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When the US Supreme Court heard a dispute between the states of New Jersey and Delaware over river rights, the Supreme Court was exercising what type of jurisdiction?
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ORIGINAL
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(T of F) A business regulated by the govt. is always regarded as a public figure
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FALSE
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Prior restraint was unconstitutional in this case:
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Near v. Minnesota
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Powers reserved for either the federal govt. or the state govts. but not exercised by both are:
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EXCLUSIVE POWERS
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A use which is not a literal reproduction of the plaintiff's likeness, but a use in which the defendant has added a creative element to the likeness is known as:
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TRANSFORMATIVE USE
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who does the burden of proving truth or falsity of the material fall on?
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The plaintiff
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In order to justify the censorship of a public school newspaper that is part of the curriculum and sponsored by the school, one should look to the rule created by:
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HAZELWOOD v. Kuhlmeier
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Some lower courts are now stretching the Supreme Court's ruling in which case, beyond its narrow and rather unique facts?
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MORSE v. Frederick
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The number of US Courts of Appeals
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13
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When it comes to granting a petition for a writ of certiorari, the Supreme Court applies this rule:
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The Rule of Four
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The reaction of a crowd to a speaker that silences and prevents the speaker from continuing with his or her message
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HECKLER'S VETO
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The Booth Rule is applicable in which of the four varieties of invasion of privacy?
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APPROPRIATION
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A government policy that allows speech that is favorable to one idea but prohibits speech that is negative towards that idea is:
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Viewpoint-based Discrimination
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Which of the four invasion of privacy torts has received the least recognition by state courts?
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FALSE LIGHT
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The two areas of the law that currently seem most affected by the internet are
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PRIVATE FACTS and INTRUSION
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To win a lawsuit for the publication of private facts, the plaintiff must show that
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-the facts were private
- the revelations would offend a reasonable person -the public would not have a legitmate interest in the case |
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(T of F) American businesses enthusiastically adopted Internet privacy provisions identical to those adopted in the European Data Privacy Directive
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FALSE
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Little has been done to control the dissemination of personal information gathered legally and illegally through the Internet because
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business leaders have successfully stymied attempts by the Congress to legislate this area
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The press is free to dig deeply inot the private lives of an individual, so long as:
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the revelation of the private facts illuminates or explains aspects of the individual's public life
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The law allows the publication of (more or less) information than ethical standards would permit?
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MORE
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(T of F) In a private facts invasion of privacy case, courts will always consider how a story was reported, as well as what information was reported
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FALSE
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(T or F) Journalism organizations have not developed codes of ethics for fear of alienating some of their members
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FALSE
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A plaintiff attempting to meet the fault requirement in a false-light privacy case must normally show
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ACTUAL MALICE
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The publication of the name of the victim of rape is regarded as
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permissible legally, but highly questionable ethically
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(T of F) it is more difficult for a plaintiff to win a private facts invasion of privacy lawsuit than it is to win any o fthe other kind of privacy actions
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TRUE
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The legal theory under which the plaintiff in Cohen v. Cowles Media Co. prevailed is:
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PROMISSORY ESTOPPEL
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Variations of the Dendrite and Cahil tests often are used by courts today in determining whether
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a website must reveal the identity of an anonymous poster in a civil lawsuit
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Approx. how many states had shield laws protecting journalists from revealing certain information and/or confidential sources
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36-40 states
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Journalist David Asenfelter successfully asserted what Constitutional right in refusing to reveal the identitiy of his confidential sources?
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Fifth Amedment
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The case in which the Privacy Protection Act of 1980 came as a legislative response
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Branzburg v. Hayes
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Courts must balance THIS amendment with the First Amendment in determining if it protects journalists form revealing confidential information in criminal trials
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the Sixth Amendment
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This person spent time in 2005 in jail for refusing to reveal a confidential source's identity
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Judith Miller
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James Risen advises journalists to not to do this:
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use office telephones
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This case centered on the ability of journalists to refuse to testify in grand jury proceedings
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Branzburg v. Hayes
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This case centered on the ability of confidential sources to sue journalists who breach promises of confidentiality
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Cohen v. Cowles Media Co
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Newsroom searches by Govt. agents are not a First Amendment issue, but are governed by the Fourth Amendment and are clearly permissible, this case said
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Zurcher v. Stanford Daily
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Lowe federal and state courts have fashioned a limited First Amendment privilege that often protects reporters who refuse to reveal the names of news sources. Judges seem more willing to grant reporters the use of this privilege in:
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civil actions, rather than in grand jury investigations
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