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criminal activity, incompetence in profession, injure reputation, moral failings, loathsome disease |
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A witness recognizes reference to plaintiff. |
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Negligence unless public figure; public figures must show actual malice by C&C (Clear and Convincing evidence) |
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Presumed if accused of crime, loathsome disease |
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Compensatory Damages, Actual Damages |
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are paid to compensate the claimant for loss, injury, or harm suffered as a result of another's breach of duty. |
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compensate the claimant for the quantifiable monetary losses suffered by the plaintiff |
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not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintif (Basically conduct) |
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ctual Malice/NYT malice, proven by clear and convincing evid. |
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Knowing falsity or reckless disregard for truth is proven by __________. |
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doubt about truth of statement |
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Limited or vortex public figures; access to media |
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Defenses to defamation (Name 4) |
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Statutes of Limitation, Truth, Opinion, Privilege |
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What is the purpose of copyright and trademark laws? |
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To protect intellectual property |
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What materials may be copyrighted? |
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Original works in fixed medium |
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What are the benefits of copyright? |
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Reproduction, adaptations, first sale, public display and perf. |
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life + 70 for people; 120 from creation or 95 from pub. for corps. |
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With copyright, you must register to ______. |
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In copyrighting, works done for _____. |
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Purpose, amount, nature, effect on market value. |
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Word or symbol identifying product or company |
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These marks tend to be more creative, avoiding any actual description of the related goods and services |
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Shows that the mark has some meaning to the public beyond the obvious meaning of the terms or images of mark itself. |
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The relinquishment or renunciation of an interest, claim, privilege, possession or right, especially with the intent of never again resuming or reasserting it. |
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