Public figure plaintiff Study guides, Class notes & Summaries

Approval Rating - job performance evaluation for the President, Congress, or other public official or institution that is generated by public opinion polls and is typically reported as a percentage Confidence Interval - statistical range with a given probability that takes random error into account Conservatives - individuals who distrust government, believing that private efforts are more likely to improve people's lives. In the social sphere, they usually support traditional lifestyles a...

4 primary sources of law - Answer 1) constitutional law- highest law in a particular jurisdiction 2) statutory law- (legislation) 3) administrative law- (regulations & rulings) 4) case law- (judge made law) Common Law - Answer is case law - derived by following earlier judicial decisions in England the word "common law" sometimes used to refer to the entire common law system... to distinguish it from the civil law system. Case Law - Answer Judicial interpretations of common law pri...

is most libel civil or criminal? correct answers most are civil rather than criminal libel correct answers written, generally more serious (can cause greater harm to someones reputation) slander correct answers spoken, the complaint has to prove financial loss can one sue on behalf of another for libel? correct answers no, reputation is personal and not even close relatives or business associated can sue for you what happens if a libel plaintiff dies before the suit is settled? corre...

Defamation Requirements correct answers 1. Defendant made a false statement of fact 2. Statement was about plaintiff and harmful to rep 3. Statement was published to at least one other person 4. If public figure, actual malice must be used Compensatory Damages correct answers Reimbursement to plaintiff for actual losses Punitive Damages correct answers Extra damages awarded in intentional tort cases (not negligent) to deter others from acting similarly. Libel correct answers Defamati...

JOMC 486 Final Exam Notes

Which of the following best describes the constitution? It is the supreme law of the United States and is difficult to amend. The U.S. Supreme Court case, Marbury v. Madison, established what power? The power of courts to interpret laws. Which of the following best reflects the meaning of the term "stare decisis"? Let the decision stand The First Amendment prohibits abridgments of the freedom of speech and the press by All levels and branches of government. Whic...

Tort - Answer-a civil wrong for which the law provides a remedy True or false: A tort is not a crime - Answer-true Crime - Answer-An act against the law Civil Wrong - Answer-between individuals or businesses dealing with issues not concerning a law What does double jeopardy mean? - Answer-A person cannot be tried twice for the same crime in either state or federal court; you can be tried twice as a civil AND a criminal case Tort Trial - Answer-Helps the victim Criminal Trial - Answer-Help...

JOMC 486 Final Exam Notes Transformative-Use Test -When a work contains significant transformative elements it is worthy of First Amendment protection and is less likely to interfere with the interests protected by right of publicity -Determining whether a work is transformative involves examining five factors No-Real-Relationship Test -Central question is whether the use of the celebrity's persona is artistically relevant to the defendant's work -If so, the use is protected, so long a...

CHAPTER 3 COURT PROCEDURES ANSWER TO CRITICAL ANALYSIS QUESTION IN THE FEATURE INSIGHT INTO SOCIAL MEDIA—LEGAL CRITICAL THINKING—INSIGHT INTO THE TECHNOLOGICAL ENVIRONMENT (PAGE 64) Why is it so difficult for judges to effectively prohibit social media communications from the courtroom? Today, just about everyone can have as many Twitter, LinkedIn, Facebook, Google+, or other social media accounts. Even if a sheriff were following the Twitter accounts of journalists and jurors, those sam...

CHAPTER 13: Introduction to Contracts - ANSWERSCHAPTER 13: Introduction to Contracts Four Elements of a Contract: CLAC - ANSWERS1. Contractual Capacity 2. Legal Object 3. Agreement (offer, acceptance) 4. Consideration Contract - ANSWERS-A promise or set of legally enforceable promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty. Agreement - ANSWERS(Offer & Acceptance) Offer by Oferror to enter into a contract an...