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| the body of law developed from custom and tradition as recognized by judicial decisions. Common law is largely based on previous court decisions. |
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| law made by statues passed by legislative bodies |
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| the doctine that allows the deferal goverment to preclude local or state governments from regulating a specific activity. |
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| Article VII states that state law cannot supersede federal law |
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| Federal Communications Commission; regulates- radio, tv, cable, satellite, telephone; political broadcasting rules, indecency regulations, children's tv |
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| Federal Trade Commission; regulates - advertising, (except prescription drugs and medical devices), telemarketing; deceptive advertising, product labeling, unfair consumer practices, children's online privacy, tobacco health warnings |
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| SEC (NOT Southeastern Conference) |
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| Securities and Exchange Commission; regulates- securities brokers, investment advisors, stock exchanges, insider trading, false/misleading information |
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| rules and decisions of administatice agencies such as the federal communications commission and the federal trade commission |
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| Food and Drug Administration; regulates- food, drugs, medical devices, cosmetics, presription drug advertising, medical device advertising, food, drugs, cosmetic labels |
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| a formal processof making administrative law used by such agencies as the Federal Comminations Commission and the Federal Trade Commission. An agency musst publish a proposed rule in the Fedral Register and review comments. The rule as finally adopted must also be published. |
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| Administrative Procedure Act |
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| an established rule of law set by a previous court opinion. a precedent for an individual case s is the authority relied on for the dispostions of the case. the precedent usually comes from a case involving similar facts and raising similar issues as the case at hand. |
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| "let past decisions stand" - the foundation of common law; the doctrine that judges should rely on past decisions when judging a case with similar facts |
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| a party in a lawsuit; participation in litigation |
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| trial court --> intermediate appellate court --> final appellate court |
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| u.s. district court --> u.s. court of appeals --> u.s. supreme court |
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| intermediate court; a court that reviews the actions of the lower court after an appeal by one of the parties; appellate courts do not reconsider facts, only errors in law |
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| authority of a court; a court has jurisdiction over a person when that person must obey the order of that court. a court has jurisdiction over subject matter when constitutions or statues give the court the power to decide cases relating the subject |
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| first court to hear a case |
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| asking a higher court to review a lower court's decision |
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| when an appellate court sends a case back to a lower court, directing the lower court to decide the case consistent with the higher court's opinion |
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| a french term used when all of the judges of an appellate court decide a case. more typically a single judge or a small number of judges called a panel decide a case |
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| the name of a writ asking the U.S. Supreme Court to review a case. If the writ is graned, the Court will order the lower court to provide the record of the case for review. |
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| an opinion written by an appellate court judge stating why the judge agreed with other judges |
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| an appellate judge's opinion explaining the judge's disagreement with the court majority's opinion |
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| with reference to the us supreme court, the opinion that is supported by more justices than any other opinion in a single case but not supported by a majority of the justices |
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| restriction on expression before publication or broadcast by injunction, agreement or discriminatory taxation. First amendment doctrine favors punishment after publication instead of prior restraint |
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| participant in a legal action |
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| the responsibility imposed on one side on a legal conflict to prove its version of the facts |
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| in civil law, the party against whom a lawsuit is brought. in criminal law. the party accused of a crime by the state |
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| a legal wrong, other than a crime or a violation of a conract, that is committed by one person against another. torts include libel, invasion of privacy, and trespass. relief for a tort is usually sought through monetary damages |
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| money awarded to a winning plaintiff in a civil lawwsuit |
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| a ruling by a judge that there is no dispute of material fact between the two parties in a case and that one party should win the case a matter of law. a summary judgment precludes the need for a trial |
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| the process before a trial of gathering information that can be used as evidence in a court case, discovery includes the exchange of information by the two parties to a case |
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| a court document requiring a person to appear in court and testify at a given time and place |
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| a person who petitions the court to take action, including the initiation of a civil suit of the initiation of an appeal |
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| an appellee, a party opposing the grant of a petition before a court |
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| an accusation issued by a grand jury that charges an individual with a crime and requires the person to stand trial |
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| a legal standard used by judges plice officers and grand juries to dermine whether there are reasonable grounds for believing that a person committed a crime. |
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| being legally responsible for an act |
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| amendment to the constitution making states, in addition to the federal government liable for violation of rights protected by the Bill of Rights, a state government that violates the bill of rights usually also violates a citizens right of due process guaranteed by the fourteenth amendment |
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| a series of cases in which the Supreme Court made state government liable for violating the bill of rights. the court incorporated the bill of rights into the fourteenth amendment by holding that state infringements of free speech and other rights violate a citizens right to due process, guaranteed by the fourteenth amendment |
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| First amendment due process |
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| first amendment procedural requirement that the government justify prior restraints and other restrictions that hearing be held a t which restrictions may be contested. |
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| the judicial requirement that restriction on protected contents be justified by a compelling government interest and that the regulation not be overbroad or vague |
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| the regulation of expression based on what is said as opposed to where or when it is said. first amendment doctrine predisposes courts to consider content regulation as unconstitutional |
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| unconstitutional government regulation of speech expressing a particular view on a subject |
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| the doctrine by which courts determine that laws are unconstiutional because average personsns would not know ahead of time whether teir expression would violate the law. vague laws affecting expression violate the first amendment because the uncertainty they create leads to self-censorship |
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| a first amendment doctrine by which courts determine that legislation is unconstitutional because it restricts more expression than necessary |
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| a discredited judicial test halting or punishing speech that presents only a remote danger to a substantial individual or social interest |
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| clear-and-present-danger-test |
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| a judicial test that if applied literally halts or punished expression only where there is objective evidence of an imminent, substantial danger to individual or social interests. sometimes the test has been used to halt speech that presents no clear, imminent danger |
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| a judicial weighing, case by base, of reasons for and against publishing to determine whether expression may be halted or punished. ad hoc balancing is flexible but unpredictable because it relies little on previous cases or set standards |
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| judicial balancing of interests after freedom of expression is broadly defined to give it extra weight. definitional balancing provides more predictable protection to freedom of expression than ad hoc balancing |
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| in libel, publication with improper motive such as hatred, spite, vengeance, or ill will. proof of common law actual malice has traditionally defeated common law defenses such as the reporter privilege to report official proceeding and fair comment and opinion. proof of common law actual malice is often required by persons suing for trade libel or libel per quod |
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| theory of freedom of expression holding that the First Amendment prevents all government interference with speaking or publishing. The absolutist position is associated with Justice Black. |
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| a series of cases in which the supreme court made state governments liable for violating the bill of rights. the court incoporated the bill of rights into the fourteenth amendment by holding that state infringements of free speech and other rights violate a citizens' right to due process, guaranteed by the fourteenth amendment |
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| unconstitutional government regulation of speech expressing a particular view on a subject |
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| Order from a court telling a person or company to perform or refrain from some act, such as publishing. An injunction is an equitable remedy. |
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| Prepublication review by military officials of wartime press reports to ensure classified information is not disclosed. |
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| a physical property allowing radio and television signals to be sent from a transmitter to a receiver |
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| The standard the Federal Communications Commission uses to make decisions according to the Communications Act of 1934 |
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| Used by cable television companies to transmit signals to customers. Progressively being replaced by fiber-optic cables. |
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| Hair-sized strands of clear flexible tubing, predominantly made of glass, that allow information to be sent through impulses of light |
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| Agreement between a city, county, or state and a cable system operator allowing the operator to provide cable television service |
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| time, place, and manner test |
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| Regulation of where and when expression is made as opposed to what is said. First Amendment doctrine is more tolerant of time, place, and manner restrictions than of content regulations |
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| First Amendment of the Constitution |
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| Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. |
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| the foundation of common law, the doctrine that judges should rely on precedent when deciding cases in similar factual situations |
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| Constitutions, statutory law, administrative law, executive actions, common law, law of equity |
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