MEJO 341 Final Exam 2024 Actual Questions and Answers with complete solution
MEJO 341 Final Exam 2024 Actual Questions and Answers with complete solution What are the 4 types of law? - Answer ️️ -Common, statutory, constitutional, administrative The Golden Rule - Answer ️️ -Was there a reasonable expectation to privacy? Net neutrality - Answer ️️ --the principle that traffic on the Internet is not privileged -all packets (data) travel equally (in theory) -i.e. your blog has an equal chance of being seen as does the NYTimes commercial speech - Answer ️️ -advertising FCC and net neutrality - Answer ️️ -Tried to encourage net neutral principles, labeling ISPs "information providers" they could regulate Federal Trade Commission (FTC) - Answer ️️ --created in 1914 by FTC Act -regulatory branch -writes administrative law -created to prevent companies from using false and deceptive ads for unfair competition - to create a monopoly -body of commissioners (5) three from the party power, two from minority party Third Party Doctrine - Answer ️️ --Information lawfully held by third parties is treated differently. It can be obtained by subpoenaing the third party, by securing the third party's consent or by any other means of legal discovery; the "owner" has no role in the matter, and, often, no search warrant is required. (Smith v. Maryland, 1979) -Notion that a person who surrenders information to a third party consents to that third party's disclosure of such information to others. Common Law - Answer ️️ -Law that comes out of the courts Stare decisis - Answer ️️ -"let the decision stand" Common Carrier - Answer ️️ --A business using some public good that gov't must regulate in the interest of all -common carrier is the preferred legal designation to fully regulate telecomm companies Valentine v. Chrestensen (1942) - Answer ️️ -BAD LAW said purely commercial speech is not be the first amendment Third Party Doctrine - Answer ️️ -Global Positioning System tracking case, U.S. v. Jones (2012). Police cannot attach a GPS device to a suspect's car without a warrant. Riley v. California (2014): The police generally may not, without a warrant, search digital information on a cellphone seized from an individual who has been arrested. Precedent - Answer ️️ -basis for all other decision in that subject going forward FCC v. Verizon (DC Cir. 2014) - Answer ️️ --Verizon & more challenged the FCC's authority to regulate their businesses and the "Open Internet Order" that said that businesses can't discriminate traffic -Verizon & more wanted to discriminate traffic on the internet to improve streaming services and charge high bandwidth customers more -DC Cir. ruled that while FCC has authority to regulate the Internet, "Open Internet Order" was not within their power -To have that power, FCC must declare broadband providers to be "common carriers" (like phone companies); FCC had classified them as "information providers" -FCC had been hesitant to declare internet a common carrier NY Times v. Sullivan (1964) - Answer ️️ -weakened rule from Valentine v. Christense by protecting editorial ads Third Party Doctrine - Answer ️️ -Justice Sonia Sotomayor's concurrence in Jones described the third-party records doctrine as "ill-suited to the digital age, in which people reveal a great deal of information about themselves to thir
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