Term
| NINE JUSTICES OF THE SUPREME COURT |
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Definition
CONSERVATIVE BLOC - ANTONIN SCALIA
- CLARENCE THOMAS
- SAMUEL ALITO
- JOHN G. ROBERTS (CHIEF)
LIBERAL BLOCK - JOHN PAUL STEVENS
- DAVID SOUTER
- RUTH BADER
- STEPHEN BREYER
SWING |
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Term
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Definition
MOST POWERFUL COURT IN THE COUNTRY. ITS DECISIONS BECOME THE LAW OF THE LAND. A JUSTICE IS APPOINTED FOR LIFE BY THE PRESIDENT AND APPROVED BY THE SENATE. |
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Term
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Definition
- SUPREME (TRIAL LEVEL)
- APPELLATE
- COURT OF APPEALS (HIGHEST)
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Term
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Definition
- U.S. CONSTITUTION (THE PEOPLE)
- STATE CONSTITUTION
- STATUTES (ENACTED BY LEGISLATURE)
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Term
LITIGATION PROCESS: CIVIL |
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Definition
- Plaintiff serves defendant w/ summons
- Defendant serves answer to complaint denying wrong doing
- Lawyers will size up each others cases a.k.a "discovery" to show strengths and weaknesses
- If weak, think statement to avoid trail before judge or jury
- Judge holds conference to see if the settlement can be reacted. If not, case goes to trail before 6 juror ans 2 alternates. Jury decides all questions of fact and awards $ to plaintiff or "no liability"for defendant
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Term
| LITIGATION PROCESSS: CRIMINAL |
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Definition
- Police investigation
- Arrest/Proceessing
- Arraignment
- Plead-not guilty-set bail-conference with attorney- felony charge by indicmment after case is presented to and voted on by grand jury
- Conference with D.A. + court to see if plea bargain can be worked out
- pre-trial conferences and hearings
- Trial
- Sentence (if guilty)
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Term
| 1ST AMENDMENT PROTECTION: POLITICAL/SOCIAL EXPRESSION |
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Definition
| Political, religious, social and cultural issues |
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Term
| 1ST AMENDMENT PROTECTION: COMMERICAL AND SEXUAL EXPRESSION |
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Definition
- NO misrepresentation in commercial advertising
- NO obscene expression
- ADULT VIDEOS only in restricted areas
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Term
| 1ST AMENDMENT PROTECTION: FIGHTING WORDS |
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Definition
- NO hate speech both written and spoken
- words that degrade insult are not protected
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Term
| 1ST AMENDMENT: INDECENT EXPRESSION |
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Definition
- cursing is protected more in print than broadcast b/c of young viewing public
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Term
| TINKER V. DES MOINES SCHOOL DISTRICT |
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Definition
| said students had 1st amendment right to express political ideas as long as not disruptive |
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Term
| BETHEL SCHOOL DISTRICT V. FRAISER |
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Definition
Gave high school principals power to suspend or regulate students behavior student was suspended for giving nominating speedh that was sexually sugggestive. |
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Term
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Definition
Defamation of any other form other than verbal. The right to sue for damage to reputation dies with the individual. Can not be given over to another. |
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Term
PLAINTIFF'S BURDEN OF PROOF |
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Definition
- Defamation
- Identification
- Publication
- Fault
- Falsity
- Damages
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