Term
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Definition
| legal term for a civil wrong against you or your personal belongs |
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Term
| What is the rationale between libel suits and 1st amendment rights? |
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Definition
| proven libel does not get 1st amendment protection |
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Term
| How can the 1st "trump our right to privacy"? |
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Definition
| through satire and publication of lawfully obtained newsworthy items |
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Term
| Under what condition can a public official receive damages? |
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Definition
| has to be a false statement of fact which was made with actual malice |
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Term
| What does a private libel plaintiff need to demonstrate for damages? |
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Definition
| "negligence, as contrasted with a showing of willful or reckless disregard" |
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Term
| What does "here's johnnny" tell us about privacy" |
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Definition
| one has a monetary interest in the commercial exploitation of his own identity |
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Term
| Why isn't work email private? |
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Definition
| the company has an interest in preventing inappropriate communication/activity over its own system |
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Term
| What are some challenges to privacy in the information age? |
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Definition
| electronic evidence, new security technologies, digital trails of all activity, new medicine |
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Term
| What are the limits to what you can do to yourself? |
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Definition
| cannot sell yourself (unless in certain jurisdictions), |
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Term
| What 3 areas are of concern in IP law? |
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Definition
| copyright, patent, trademark |
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Term
| What is the purpose of fair use in copyright law? |
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Definition
| other may reproduce your work for free if used for criticism, news, scholarship, or research |
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Term
| What was the decision in the pretty woman case? |
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Definition
| SC found in favor of rap group because parody in protected by fair use as intellectual |
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Term
| What were the implications in the RIA vs. RIO case? |
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Definition
| that a personal device for transport is fine because the files already reside on the user's hard drive |
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Term
| What is the northern equivalent to jim crow laws? |
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Definition
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Term
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Definition
| he was one-eighth black and LA had a one drop law in effect |
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Term
| How have the rules for Native American identity changed overtime? |
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Definition
| its become more about race instead of community and culture |
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Term
| How does the classification of age legally differ from that of race? |
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Definition
| age is not a suspect classification and the state only needs to have a rat'l basis for making age related distinctions |
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Term
| Why did Roosevelt institute the SS Act in 1935? What was its effect in defining old age? |
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Definition
| to take care of older workers so that younger/more productive ones could step in and continue to fuel the economy; it gave a legal definition of old age even though ppl are living longer and longer |
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Term
| How has the definition of death been altered overtime? |
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Definition
| its not just the cessation of pulse heart beat and breath; its now whole brain death/irreversible |
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Term
| What was the SC decision in the Cruzan case? |
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Definition
| that the state had an interest in the preservation and protection of human life; decision left to states |
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Term
| What was the SC's logic in striking down the death penalty in 1972? |
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Definition
| there was no set procedure or standards for implementing it |
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Term
| What is the main issue regarding poverty and the death penalty? |
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Definition
| that the poor receive grossly unqualified counsel |
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Term
| What was the main conclusion of the Baldus study? |
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Definition
| that the death penalty in GA was applied based on the race of the victim and defendent |
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Term
| What was the SC decision in the McCleskey case? |
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Definition
| ruled against him and said he must prove that officials were discriminatory in his case alone |
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Term
| Why did Illinois governor george ryan impose a moratorium on executions? |
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Definition
| because people on death row were being exonerated; the system was broken |
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Term
| What is the most significant cause of factions for madison? |
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Definition
| people will inherently act selfish and will tend to band with people with similar beliefs |
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Term
| What were the primary motivations for 19th century law? |
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Definition
| to balance political power, expand commerce, industrial development |
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Term
| What was the purpose of charters? |
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Definition
| stimulated the development of badly needed but costly transportation systems |
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Term
| What was the significance of the SC santa clara case? |
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Definition
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Term
| What is the significance of the Radio Act of 1912? |
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Definition
| airwaves become finite property |
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Term
| What is the difference between gemeinschaft and gellschaft? |
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Definition
| gemeinschaft is about bounded community while gellschaft is about relationships being transitory and instrumentally based |
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