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| Constitutions, statutes, equity law, common law, administrative law, executive orders |
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| set of laws that establish the nature, functions and limits of government |
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| written law formally enacted by city, county, state and federal legislative bodies |
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| Law created by judges to apply general principles of ethics and fairness, rather than specific legal rules, to determine the proper remedy for legal harm |
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| Unwritten, judge-made law consisting of rules and principles developed through custom and precedents |
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| The orders, rules and regulations promulgated by executive branch administrative agencies to carry out their delegated duties |
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| orders from a government executive, such as the president, a governor or a mayor, that have the force of law |
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| formally enacted, written law that is available in legal reporters or other documents (constitutions and statutes) |
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| 94 federal district courts, divided into districts. lowest level courts, only courts to use juries, do not establish precedents |
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| review courts, assess lower level courts' findings, determine if due process was carried out, two levels of appellate courts- intermediate courts of appeal and supreme court |
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| how many judges in appellate courts |
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| panel of 3 judges. EXCEPT when all judges of circuit court sit en banc (translation: in full court up to 9) |
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| How many intermediate-level appellate courts? |
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| US Court of Appeals for Federal Circuit |
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| 13th circuit handles armed forces, international trade, veterans' claims, etc. |
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| How are circuit courts labeled? |
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Definition
| From East to West, 1-9. CO is in 10th Circuit |
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| How many judges are needed to remand a lower court decision? |
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| 2 of 3 judges must disagree w/ lower court decision. |
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| a petition for review by the Supreme Court of the United States, Latin "to be informed of" |
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| President, Cabinet & administrative agencies execute laws. (oversees govt.) |
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| The Senate and the House of Reps pass laws (enacts laws) |
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| three levels of courts review laws and resolve conflicts |
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| The decision of a higher court establishes a precedent that is binding on LOWER courts, but in some cases it is appropriate to modify the precedent or distinguish from precedent |
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| the power of the U.S. Supreme Court to determine the meaning of the language of the Constitution and to assure that no laws violate constitutional dictates |
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| liability without fault, liability for any and all harms, foreseeable or unforeseen, that result from a product of an action |
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| a private or civil wrong for which a court can provide remedy in the form of damages $$ |
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| the party who files a complaint; the one who sues |
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| one who takes another to a court of appeal |
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| one who gets dragged to appellate court against wishes |
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| when a judge applies laws to facts to make a ruling to dismiss a case |
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| law that incidentally and unintentionally affect speech as they advance other important govt. interests, a reasonable alternative must be provided (uses O'Brien test) |
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| speech, print, art, dance |
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| is considered by the Court to be speech, not action because of it has communicative content |
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3 types-
*traditional public forms-sidewalk, street park (protected at highest level)
*designated public forms-city-owned auditorium, library, school
*non-public public forum- military base. speech is protected if and when the govt. allows speech |
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| uses strict scrutiny, govt must have compelling interest to limit speech by the least restrictive means |
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MUST
-be necessary
-use least restrictive means
-advance govt. interest |
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Term
| intermediate-level scrutiny |
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Definition
MUST
-fall within the power of government
-advance an important or substantial interest
-unrelated to suppression of speech
-be narrowly tailored to impose only an incidental restriction on 1st Amend. freedoms |
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| a govt. order stopping publication before speech act occurs. public is never exposed to speaker's ideas |
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prior restraint ok to prevent:
-obscenity
-national security
-clear and present danger
-fighting words (offend group) |
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| location of ships/troops at wartime. does not apply to historical documents. ex Pentagon Papers |
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| serious and imminent harm: advocacy, directed to inciting or producing violence, imminent lawless action, likely to cause that action |
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| words that cause immediate harm or illegal acts |
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| makes govt. show legal grounds for a person's detention |
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| Strict scrutiny- 1st amendment protects against forcing a person to speak. Ex. Knights of Columbus parade, New Hampshire "Live Free of Die" |
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| spoken statement whose injurious nature requires proof |
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| a spoken whose injurious statement is apparent and requires no further proof |
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| 4 categories of slander per se |
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Definition
-accusation of criminal conduct
-charge of moral turpitude
-allegations intending to injure another in her trade, profession or office
-suggestions of having a loathsome disease |
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| statement whose injurious nature requires no further proof |
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| a statement whose injurious nature requires further proof. ie "He visited 123 Main St. <-location of crack house. what community knows + what story says |
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Term
| Who can be a libel plaintiff? |
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Definition
-Living person
-state in and of concerning plaintiff
-profit and non-profit business |
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| Who CAN'T be libel plaintiff? |
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Definition
-Government (called seditious libel)
-must not be a libel-proof plaintiff |
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| publication, identification, defamation, fault, falsity, damages (Double D, Double F, I, P) |
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| is seen or heard and understood by a 3rd party |
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| How to prove publication in court |
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Definition
| -mass media: assumed 3rd party has seen it |
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| can be sued for libel for repeating libelous statement |
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| publishing on the internet |
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Definition
-ISP not considered republishers/ are not responsible
-originator of defamatory material is responsible, and republishers are also responsible |
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Definition
| name not necessary, in and of concerning the plaintiff, can be accidental |
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Term
| How to prove identification in court |
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Definition
| one person must reasonably believe the material is of and of concerning the plaintiff |
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Term
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Definition
| 25 or fewer, group can sue for libel without identification, 100+ need defining personal info to sue, over 25, gray area |
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Definition
injury to reputation:
causes substantial & respectable minority of the community to:
-think less of plaintiff
-shun the plaintiff
-show hatred or contempt for the plaintiff |
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Term
| How is defamation proven in court |
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Definition
1) substantial and respectable minority thinks less of plaintiff, etc (see defamation flash card)
OR...
-plaintiff is hurt in job or profession
-plaintiff is accused of committing a serious crime |
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Term
| defamation by implication |
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Definition
-not what you say, but what you don't say
-injuring reputation through suggestion |
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