Term
| Two ways to measure obscenity of words |
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Definition
1. Literal meaning of the words
2. Depth of the words |
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Term
| Four basic definitions of law |
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Definition
1. Set of rules sanctioned by government entities that have repercussions for breaking them, and person who is harmed receives remedy
2. Procedural rules for resolving disputes
3. "Social engineering,"-we can shape behavior of society
4. "Systemized predictions,"-we can predict outcome of behaviors |
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Term
| Five different sources of law |
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Definition
1. Common law
2. Constitutional law
3. Statutory law
4. Administrative law
5. Equity law |
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Term
| Three objectives of Constitutional law |
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Definition
1. Defines duties, elements and responsibilities of government
2. Defines plan of establishment of government
3. Guarantees basic rights to citizens |
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Term
| Two issues void for vagueness |
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Definition
1.Not specific for which speech is permitted
2. Allows for those who enforce it unfairly |
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Term
| Four choices when dealing with precedent cases |
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Definition
1. Follow and apply
2. Distinguish the precedent(precent does not apply due to different court case/facts)
3. Modify the precedent
4. Overrule the precedent(precedent does not apply because past justices/morals were flawed) |
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Term
| Four differences between common law and statutory law |
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Definition
1. Statutory law can predict problems/common law canot
2. Statutory law is criminal law
3. Statutory law can be found in books of codes/common law is found in reports
4. Statutory law deals with groups of people/common law deals with individuals |
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Term
| Seven jurisdictions of Fed Courts |
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Definition
1. When the two parties are from different states, and the amount in question of the case is >75,000
2. When the case involves a state of the Union and a citizen
3. When the Fed Govt is a party in the suit
4. Original jurisdiction(usually land and water right issues)
5. WHen the case involves ambassadors from other countries
6. Admiralty or maritime law
7. When it has to deal with a federal law or statute |
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Term
| Four ways courts can overturn rules of admin agencies |
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Definition
1. When act that established the commission or agency was unconstitutional
2. When the agency exceeds its authority
3. When the agency breaks its own rules
4. If there is no evidentiary evidence to support the agency's ruling |
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Term
| Two conditions for symbolic speech |
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Definition
1. Person must have intent of using a symbolic message
2. Person of reasonable education must be able to understand the message |
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Term
| Four parts for Intentional Infliction of Emotional Distress |
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Definition
1. Defendant's conduct must be extreme and outrageous
2. Defendant were intent or reckless
3. Conduct cause the plaintiff to suffer emotional distress
4. The emotional distress experience must be extreme |
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Term
| Fifth element for a public figure for IIED |
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Definition
1. The parody had amounted to a statement of fact, not opinion.
2. False statement of fact
3. Must be proof of malice is necessary |
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Term
| Seven FIrst Amendment Theories |
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Definition
1. Absolutist Theory: First amendment presents absolutely no censorship from government
2. Preferred position: free speech is essential to a free society;this freedom has a preferred position in regards to the other freedoms
3. Market place of ideas: like a free market of goods, free speech can be seen as a market, where the best ideas will prevail
4. Access theory: in regards to the market theory, the market favors those who have access to more resources
5. Self realization: freedom of speech is essential for realizing who we are
6. Ad hoc balancing theory: must balance free speech with values;this will present a case by case issue in regards to free speech
7. Meiklejohnian: freedom of speech is hierarchal, with political speech ranking higher |
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