Term
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Definition
1. Common Law
2. Equity Law
3. Statutory Law
4. Constitutional Law
5. Executive orders and administrative rules |
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Definition
| Principles and rules of law that derive their authority not from legislature, but from community usage and custom. |
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Definition
| An established rule of law set by a previous case. Courts should follow precedent when it is advisable and possible. |
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Definition
| "Let the decision stand." This concept is the operating principle in the common-law system and requires that judges follow precedent case law when making judgments. |
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| 4 Options for Handling Precedent |
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Definition
1. Accept / Follow
2. Modify / Update
3. Distinguish
4. Overrule |
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Term
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Definition
A civil tort that emerged in the early 20th century and contains four distinct categories of legal wrongs:
1. Intrusion
2. Appropriation
3. publication of private facts
4. false light |
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Term
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Definition
| The power of a judge to charge someone with being in contempt of court, to find that person guilty of contempt, and to punish them for the contempt all without a jury trial (1918, Toledo v US) |
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Definition
| a book containing a chronological collection of the opinions rendered by a particular court for cases that were decided by the court. |
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Term
Reading a case citation:
1)Adderly v. Florida, 2)385 U.S. 3)39 4)(1966) |
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Definition
1. Case Name
2. Volume number of case reporter
3. Abbreviated name of case reporter
4. Page number on which the report of the decision in the case begins
5. Year case decided |
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Term
| Typical Remedies in Equity Law |
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Definition
1. Temporary restraining order (TRO)
2. Preliminary injunction
3. Permanent injunction |
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Term
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Definition
| A system of jurisprudence, distinct from common law, in which courts are empowered to decide cases on the basis of equity or fairness and are not bound my the rigid precedents that often exist in common law. |
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Term
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Definition
| A judgment of court equity ; a declaration of the court announcing the legal consequences of the facts found to be true by the court. |
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Definition
| Laws adopted by legislative bodies. |
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Definition
| the process undertaken by courts to interpret or construe the meaning of statues. |
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Definition
| A written out line of the organization of a government that provided for both the rights and responsibilities of various branches of the government and the limits of power of the government. |
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Term
| void for vagueness doctrine |
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Definition
| a statute of regulation is unconstitutional of it is so vague that a person of reasonable and ordinary intelligence would not know from looking at its terms, what speech is allowed and which are prohibited. |
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Term
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Definition
| the doctrine prohibits the government from banning unprotected speech if a substantial amount of protected speech is prohibited or chilled in the same process. |
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Term
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Definition
| An agency, created and funded by the Congress, whose members are appointed by the president and whose function is to administer specific legislation such as law regulating broadcasting or advertising. |
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Term
| To win a libel suit a plaintiff must prove: (these five things) |
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Definition
1. publication
2. identification
3. falsity
4. defamation
5. fault |
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Term
| North Carolina is in what circuit and name the other states also in the same circuit? |
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Definition
| 4th. Maryland, South Carolina, Virginia, West Virginia |
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Term
| jury nullification (related to Zenger case) |
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Definition
| the power of a jury in a criminal case to ignore a law and to return a verdict according to its conscience |
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Term
| Name the seven First Amendment theories |
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Definition
1. Absolutist
2. Ad hoc balancing
3. preferred position balancing
4. Meiklejohnian
5. Marketplace of ideas
6. Access
7. Self-realization |
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Term
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Definition
| These laws forbade false, scandalous and malicious publication against the U.S. government. |
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Definition
| A measure making it a crime to advocate the violent overthrow of the government |
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Definition
| The Supreme Court ruled the First Amendment not only protected people from Congress but also from the state. Linked 1st and 14th amendment |
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Term
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Definition
| Prior censorship (prior review) is not the norm but the exception. |
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Term
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Definition
| Respondent has not met the heavy burden of justifying the imposition of the prior restraint of petitioners' peaceful distribution of informational literature of the nature disclosed by this record. |
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Term
| Pentagon Papers (New York Times v. US) |
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Definition
| If the gov't is going to act in prior review, there must be an outstanding reason like national security. This victory was void because WaPo published the papers during the NYT's injunction. |
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Term
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Definition
| preliminary injunction stopping publication of a magazine article that specified "with particularity the 3 key concepts necessary to construct a hydrogen weapon. |
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Term
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Definition
| barring Bell from promoting and selling unlawful tax advice. |
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Term
| Modes of Censorship During Wartime |
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Definition
1. Denial of access to locations
2. Denial of access to document and photographs
3. Punishment for publishing national security information
4. Self-censorship by the news media |
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Term
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Definition
| Embedded journalism is when news reporters are embedded within the army units. Going where they go and actually being part of the military exercises. |
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Term
| Freedom of Information Act |
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Definition
creates a presumptive right of access to records kept by the federal government agencies, yet one of the 9 exemptions from the FOIA is for records that could jeopardize national security.
"records or information compiled for law enforcement purposes" |
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Term
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Definition
1. Lichtblau, "Documents Reveal Scope of US Database."
2. Shane, "Data Suggests Vast Costs Loom"
3. Schmitt, "Pentagon Study Describes abuse." |
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Term
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Definition
| Black Arm bands in protest of Vietnam war. Court rules that the principal had a right to restrict acts he would consider a distraction |
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Term
| Barber v Dearborn Public Schools |
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Definition
| Bush is an International Terrorist. Court ruled in favor of Barber's t-shirt. |
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Term
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Definition
| FAR do not apply to the student press in HS. Unsure of University level. |
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Term
| 3 Key speech cases prior to 2007 (FAR) |
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Definition
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Term
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Definition
| Schools may regulate sexually offensive speech that is lewd. |
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Term
| Kincaid v Gibson and Hosty v Carter |
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Definition
| Does Hazlewood decision apply to Colleges? No. |
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Term
| Top 5 most challenged books of 2005 |
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Definition
1. "It's Perfectly Normal" Robie Harris
2. "Forever" Judy Blume
3. "Catcher in the Rye" JD Salinger
4. "the Chocolate War" Robert Cormier
5. "Whale Talk" Chris Crutcher |
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| Time, Place and Manner Restrictions |
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Definition
| Rules when justified by substantial government interest, that can regulate the time, place and manner of speaking or publishing and distribution of printed material. |
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Term
| Guidelines to Time, Place and Manner Restrictions |
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Definition
1. Content Neutral
2. no complete ban
3. justified
4. narrowly tailored |
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Term
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Definition
| Can't make a profit off of your past crimes from selling stories. |
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Term
| Hate Speech / Fighting words |
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Definition
| "God-damned racketeer, damned fascist" Chapinsky v New Hampshire |
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