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Definition
-Not absolute -Varied levels of protection for different types of speech. |
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-Pure Written or spoken word -Symbolic Intend to send a particular message Likely to be understood by audience |
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-Content Based What is said is restricted -Content Neutral Speech restricted without regard to content TIME, PLACE and MANNER restrictions |
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| Words which by their very utterance inflict injury or tend to incite an immediate breach of the peace. |
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| Fighting Words & Hate Words |
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| Obscene speech is unprotected and may even result in criminal penalties |
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Term
| Who was the first to face charges relating to album content? |
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Definition
| Jello Biafra, the lead singer of the Dead Kennedys. |
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| Parents' Music Resource Center |
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| Parents' Music Resource Center |
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Definition
| Formed in 1985 by Tipper Gore and three other "Washington Wives" |
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| Material is indecent if, in context, it depicts or describes sexual or excretory organs or activities in terms patently offensive as measured by contemporary community standards. |
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-The hours between 10pm and 6am have been designated a "safe harbor" -During this time, a radio station may broadcast indecent or profane material -Safe Harbor NEVER applies to obscene material |
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Definition
-Administrative body which reports to Congress -Regulates interstate and international communication by radio, wire, television, satellite and cable |
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Definition
-Civil Penalty Revoke or deny reissue of licneses Fine of up to $350,000 -Criminal Penalty Fine and/or up to 2 years imprisonment |
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| First Amendment Protections |
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Definition
-Freedom of speech comes into play in civil suits as well -Limits claims of International Infliction of Emotional Distress |
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Definition
-Private Persons Publication of a false statement of fact which harms their reputation -Public Figures Knowledge that the statement was fasle; or reckless disregard for the truth |
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| Content Neutral Restrictions |
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Definition
-Speech regulated without regard to content TIME, PLACE or MANNER restrictions -Valid so long as: Gov't has a legitamte, content neutral interest; and means are no broader than necessary |
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Definition
-One person who begins doing business -Personally liable for all actions of the company -Independent Contractor- 1099 forms for taxes |
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Definition
-Two or more people engaged in business -Without an agreement- equal share of responsibility, profit and debt -With an agreement- share determined by the terms of the agreement -1065 Form for taxes, partners receive a K-I to show their share of the profits or losses |
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| What should a Company Agreement cover? |
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Definition
-Ownership of assets (physical and intellectual property) -Rights within the company (hire, fire, sign contracts, etc.) -Dictates what happens in the event of dissolution, death or incapacity |
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Term
Limited Partnership (General Partners) |
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Definition
| Run the business, personally responsible for liabilities. |
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Limited Partnership (Limited Partners) |
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Definition
| Invest in comapny, but have little or no control over the business. If they exercise control, they automatically become general partners. |
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Term
| Limited Liability Company |
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Definition
-Easy to form- file with the Secretary of State -Owners are "Members," and all have limited liability -File 1065 form and K-I forms |
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Definition
-Complicated to form and maintain -Owners are stockholders _run by the Board of Directors, who are voted in by stockholders -Limited liability for executives, no liability for stockholders |
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Definition
-"Small" corporation -Owners are shareholders- maximum 100 in FL -Limited liability for executives, no liability for shareholders _more requirements than an LLC, but less than a C-Corp |
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Definition
-Formed by talent to employ their services -Corporations loan talent services to other companies -Payment made to loanout company |
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| Regarded as acting for the borrowing master, lending master not liable for servant's acts. |
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| A civil wrong for which one may be held liable |
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Definition
| Failure to do what what the reasonable person would do. |
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Definition
A civil wrong resulting from an intentional act. It is the act that is intentional, not the harm |
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| Putting a person in fear of imminent bodily harm |
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| An intentional and harmful touching of another's person without consent |
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| Intentionally confining a person against their will, leaving no reasonable escape and lacking in legal authority |
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| Entering onto another person's property without consent or privilege |
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Definition
| Interfering with or temorarily depriving another of their property, and causing little or no damage to such property |
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Definition
| A prolonged or permanent interference with another's property which seriously deprives them of the value of the property |
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Term
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Definition
-Knowing misrepresentation -Intent to defraud -Justifiable reliance -Damages |
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Term
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Definition
Must act in the best interest of another Arises automatically |
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Definition
| Once and act has been ratified, the employer may not escape liability by denying the agency relationship. |
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Term
| Purpose fo Antitrust laws |
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Definition
To protect the economy and ensure competition -Prevent restarints on trade -Prevent monopolies The purpose is to protect COMPETITION, not consumers |
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Term
| Why does market place competition need protection? |
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Definition
| Stimulates innovation & efficient methods of protection |
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Term
| Where do antitrust laws apply? |
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Definition
| The antitrust laws apply to virtually all industries and to every level of business. |
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Term
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Definition
Unreasonable restraints on trade Monopolization of entire industries |
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Term
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Definition
| Outlawed mergers that lesson competition |
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Term
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Definition
1. Intent to control prices or destroy competition 2. Predatory or anticompetitive conduct 3. "dangerous probability of success" in achieving monopoly |
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Term
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Definition
| Agree not to sell competing products or services |
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Definition
| Product sold only with another product |
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Term
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Definition
| Requires licensee to turn over any improvements made to a technology they licensed |
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Definition
| Competitiors agree to set the same price |
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Term
| Customer Allocation Agreement |
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Definition
| Divide up customers to reduce or eliminate competition (by geographic area or otherwise) |
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Term
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Definition
| Conspiring to affect the outcome of bidding |
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Term
| The Telecommunications Act of 1996 |
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Definition
| Big companies were allowed to buy TV and radio stations nationwide. |
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Term
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Definition
| The act of bribing radio stations in exchange for increased airplay of certain artists or songs. |
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Term
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Definition
| Not illegal so long as listeners are told about the arrangement |
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Term
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Definition
| Best Alternative To Negotiated Agreement |
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Term
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Definition
Produce a wise agreement Improve the relationship |
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Term
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Definition
Meets legitimate interests Resolves conflict fairly Durable |
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Term
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Definition
| A better way of reaching a wise agreemnt |
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Term
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Definition
| Spend 80% of the time listening and 20% talking |
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Term
| Elements of a valid contract |
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Definition
1. Unambiguous 2. Consideration 3. Capacity: Age, Mental Ability, Authority 4. No illegal Acts 5. Mutual Agreement |
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Term
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Definition
| Most are valid, but often unwise |
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Term
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Definition
| This covers areas which have been traditionally subject to fraud |
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Term
| 6 rules for Statute of Frauds |
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Definition
1.Cannot be performed within one year 2. Concerning interest in realty 3. In consideration of marriage 4. Assuming the debt of another 5. Sales of goods over $500 6. Assignment of copyright |
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Term
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Definition
-Offeror is the master of the bargain -May require acceptance to take a certain form |
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Term
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Definition
| Acceptance is effective (and offer cannot be withdrawn) once it has been mailed. This may be negated by the terms of the offer. |
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Term
| Acceptance: Mirror Image Rule |
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Definition
Acceptance must be unconditional and must not change, add to, or qualify the terms of the offer. Otherwise its a counter offer |
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Definition
| Varies the terms of the original offer |
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Term
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Definition
DO NOT EXIST Used to assure and coax |
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Definition
Meaningless Each sentence is interactive with every other |
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Term
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Definition
| A preliminary statement in a contract explaining who the parties are, the background of the transaction, or showing particular facts why entering into contract |
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Term
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Definition
| Attached to an agreement for live performance |
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Definition
-Right to control and dispose of property -The legal link between the person who owns the property and the property itself. |
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Definition
| An express or implied promise that something is guaranteed |
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Term
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Definition
| Certain warrnanties are implied by law and need not be stated to be binding |
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Term
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Definition
-Disclaimers of implied warrnaties must STAND OUT from the rest of the text -Larger font, different color and/or set apart from the rest of the text |
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| Indmenity (aka, Hold Harmless) |
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Definition
| A duty to make good any loss, damage, or liability incurred by another |
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Term
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Definition
| A future and uncertain event on which the existence or extent of an obligation or liability depends |
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Term
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Definition
| A trigger; something must happen BEFORE other obligations will arise |
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Definition
| Something which will cause the contract to prematurely be brought to an end without liability of either party |
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Definition
| A formal agreement or promise |
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Term
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Definition
| Promise that one will not engage in competitive employment or conduct during or after a term of employment |
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Term
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Definition
| Clause which states that the party promised this status will receive as good of a deal as anyone else |
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Term
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Definition
| A privilege that one party may or may not choose to exercise |
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Term
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Definition
| Subject of contract may be destroyed, damaged, or die |
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Term
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Definition
| States that if any part of the contract becomes invalid due to a change in the law, the rest of the contract will remain valid and enforceable |
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Term
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Definition
| Failure by a party to adhere to the promises set forth in the contract without justification or excuse |
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Term
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Definition
| A failure so severe that it threatens the value of the whole contract |
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Term
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Definition
| Violation of an unimportant term or violates the contract ina minor way |
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Term
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Definition
| A party expressly and unequivocally states that it will not perform a contractual duty |
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