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Comms 300 Brown Midterm BYU
Comms 300 Brown Midterm BYU
33
Law
Undergraduate 3
03/09/2011

Additional Law Flashcards

 


 

Cards

Term
Non-Protected Speech
Definition
  1. Hate Speech
  2. Obscenity
  3. Copyrighted Material (infringed)
  4. Libel
  5. Untrue Advertising
  6. Privacy Torts (Appropriation, Intrusion, Pbulicity to Private Facts, False Light)
Term
Colliding Rights
Definition
When two laws clash
Term
Five Sources of Law
Definition
  1. Common Law
  2. The Law of Equity
  3. Statutory Law
  4. Constitutional Law
  5. Executive Orders and Administrative Rules
Term
All Three Branches of Government Make Law
Definition
  1. Judicial Branch-decides cases which interpret the law
  2. Executive Branch-Executive Orders and Admin Ruling
  3. Legislative Branch-Passing Law which are signed by President
Term
Limited vs. General Jurisdiction
Definition
  1. Federal Courts--Limited
  2. State Courts--General
Term
First Amendment Theories
Definition
  1. Originial Intent
  2. Ad Hoc Balancing Test
  3. Marketplace of Ideas Theory (Truth Sticks)
Term
Public and Private Forums (4)
Definition
  1. Traditional Public Forum
  2. Designated Public Forum
  3. Nonpublic Forum
  4. Private Property
Term
Miller Test (Obscenity)
Definition
  1. An average person, applying contemporary local community standards, finds that the work, taken as a whole, appeals to prurient interest.
  2. The work depicts in a patently offensive way sexual conduct specifically defined by applicable state law.
  3. Th work in question lack serious literary artistic political or scientific value. (SLAPS)
Term
Libel
Definition
  1. A statement of fact
  2. That is published
  3. Of and concering the Plaintiff
  4. That is defamatory
  5. That is false
  6. For which the Defendant is at fault
  7. (Public figures must prove actual malice)
Term
Actual Malice
Definition
  1. Actual knowledge of falsity (lying), or,
  2. Published with a "reckless disregard" for the truth.
Term
Fighting Words
Definition
  1. Directed at an individual or group, and
  2. Are likely to inflict emotional harm and/or trigger immediate violence
Term
Brandenburg Test (Determines Fighting Words)
Definition
  1. Intended to, and
  2. Likely to
  3. Incite or produce immediate illegal activity or violence
Term
Appropriation
Definition
  1. Using a person's name, picture, likeness, voice or identity
  2. For advertising or other commercial purposes
  3. Without permission
Term
Intrusion
Definition
  1. There is a reasonable expectation of privacy, and an
  2. Intentional intrusion on the privacy
  3. That would be highly offensive to a reasonable person
Term
Publicity Given to Private Facts
Definition
  1. The publicizing of
  2. Private, intimate facts,
  3. That would be highly embarrassing to a reasonable person, and
  4. Are not of legitmate concern to the public.
Term
False Light
Definition
  1. Publicizing
  2. False Facts
  3. About someone who is identified
  4. That would be highly offensive to a reasonable person; and
  5. Act intentionally, recklessly, or negligently
Term
Intentional Infliction of Emotional Distress
Definition
  1. Defendant's intentional or reckless conduct
  2. Was extreme and outrageous--beyond the bounds of decency tolerated in civilized society
  3. Involving actual malice, if the plaintiff is a public figure, and
  4. Caused the plaintiff's severe emotional distress
Term
Negligent Infliction of Emotional Distress
Definition
  1. The defendant had a duty to use due care
  2. Negligently breached that duty
  3. Causing the plaintiff's severe emotional distress, and
  4. The breach was the proximate cause of the plaintiff's emotional distress
Term
Media and the Courts: Competing Objectives
Definition
Have a fair and speedy trial but also respect the Frist Amendment
Term
Tools to balance Competing Objectives
Definition

                                                               i.      Continuance or delay or trial (move the trial to a later time)

                                                             ii.      Change of venue

                                                            iii.      Sequestration of jury (protect from media coverage)

                                                           iv.      Extensive voir dire (questioning the jury to find a jury that is fair)

                                                             v.      Gag orders

                                                           vi.      Witness protection

                                                          vii.      Instructions to the jury

                                                        viii.      Retrial

                                                           ix.      Limitations on media attendance

Term
FOIA
Definition
  • Signed by President Johnson in 1966
  • Disclosure, not secrecy, is the objective
Term
Exceptions to FOIA
Definition
  1. National Security
  2. Internal agency rules and procedures
  3. Statutory exemptions (other laws forbiding disclosure)
  4. Trade secrets
  5. Agency memos (protects decision making process)
  6. Personal privacy
  7. Law Enforcement records
  8. Financial Records
  9. Geological Data
Term
Situational Ethics
Definition
No absolute concept of "right" and "wrong," but rather they are mere functions of the situation
Term
Consequential Ethics (Teleology)
Definition
Right is defined by the amount of good produced as a consequence of action
Term
Deontological Ethics
Definition
The idea that right and wrong are black and white
Term
Egoism (Ethics)
Definition
Making decisions based on what's best for one's self
Term
Morality
Definition
Moral Character or Quality, Rightness or Wrongness
Term
Ehtics
Definition
Moral Standards, Standards of Conduct
Term
Positive Statements
Definition
Mere descriptions of thigns (the chair is red)
Term
Normative Statements
Definition
Statements of how things ought to be (that red chair should be blue)
Term
Integrity
Definition
State of being complete; unbroken; uprightness
Term
Can we "keep" our word?
Definition
No, we cannot "keep" our word but we can "honor" our word by "cleaning it up" with the Atonement
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