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Definition
wrongly entering or remaining upon another's property in blatant defiance of the owner's clearly stated wishes
- crime
- statutes vary state-by-state
- particular intent, like willfullness or malice, must be present
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Term
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Definition
any practices sufficiently common and accepted in society that the law assumes tacit consent to that practice.
ex: approaching the front doors of homes to make a sales pitch |
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| language found in the Fifth Amendment, pertaining to the federal govt., and also in the Fourteenth Amendment, pertaining to state govt. Under this concept, a person is guaranteed fair governmental procedures |
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| a provision in the Fourteenth Amendment that requires states to treat similarly situated persons in an equal fashion |
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| a privilege that exempts presidential documents from disclosure requirements |
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| a governmental meeting, or portion of a meeting, that is closed to the public |
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Definition
| definite and specific assent to a course of action, as distinguished from implied consent |
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Term
Freedom of Information Act
FOIA |
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Definition
| an act of Congress requiring that most documents of federal agencies be open to public inspection |
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Definition
| consent reasonably assumed from signs, actions, silence or tradition |
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| a small sum awarded to a plaintiff based on principle, when there is no actual loss or injury to be compensated |
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Definition
| Federal and state statutes that grant a public right of access to the meetings of deliberative governmental bodies, usually in the legislative and executive brances |
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Definition
statutes that grant citizens a right of access to government documents and specify the procedures for requesting that access.
The Federal model is the FOIA |
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| a media identification card issued by many government agencies and private organizations that grants special rights of access to newspeople |
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Definition
with regard to meetings, news conferences, and the like, granting access to some members of the public and media, but not to others similarly situated.
May be constitutionally suspect when practiced by government |
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Term
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Definition
the federal open meetings law requiring public access to the meetings of about fifty federal agencies, including the FTC and the FCC.
- applies to only the executive branch and agencies "headed by a collegial body composed of 2 or more individual members.."
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Term
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Definition
an intentional, un-consented entry upon property rightfully controlled by others
Tort
- awarded nominal damages, usually $1
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Term
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Definition
- consent; implied(custom) or express(invited)
- custom-and-usage; regular business hours
- newsworthiness is NOT a defense
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Term
| Tagging Along with Police |
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Definition
- some people assume that the right of police to enter property also implied consent for the news media to follow, it DOESN'T
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Term
| One may obtain public records by: |
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Definition
- going to where they're maintained during hours of operation
- written request, must be responded to within 15 working days
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Term
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Definition
- civil suit- asking for declaratory judgment that says the law has been broken, an injunction, and attorney fees
- courtesy summons- when you believe the law has willfully been broken
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Term
| Permissible Closed Sessions |
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Definition
- National defense or foreign policy secrets
- Internal personnel practices of the agency
- Info. specifically exempted from disclosure by a separate federal statute
- Trade secrets of private businesses
- Accusations of crime
- Personal info. that if disclosed would constitute an unwarranted invasion of privacy
- Investigative information compiled for law enforcement purposes
- Reports on government oversight of financial institutions
- Information that would significantly frustrate...
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Term
| The Federal Sunshine Act Test: |
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Definition
- Is the meeting one of a federal, executive branch agency headed by 2 or more presidentially appointed members?
- Has the agency provided one week's advance public notice of its meeting?
- Is the meeting open to the public and media, except for deliberations that fall within 10 specified exception categories?
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