1. burden of proof
    evidence that outweighs the opposition
  2. damages
    money given to a person unlawfully harmed
  3. motions
    request that judge make a ruling in favor of applicant
  4. civil law
    private party vs. company, seek money
  5. injunction
    court order that a defendant act/not act in a certain way
  6. settlement
    final agreement between parties
  7. precedent
    1 court proceeding decision, sets example for future cases
  8. indictment
    accusation against person charged wth crime
  9. litigants
    party to lawsuit: plantiff or defendant
  10. statutes
    laws passed by legislative bodies
  11. motion to suppress
    request that evidence ruled inadmissable
  12. summary judgment
    end lawsuit prior to trial
  13. appellate court
    hear appeals and review rulings of trial courts
  14. arraignment
    accused brought to court, enters plea of guilty/not guilty
  15. jurisdiction
    authority of government to make and enforce laws
  16. ordinances
    law adopted by local government
  17. pleadings
    parties formal allegations of claims/defenses
  18. tort
    wrongful act that law gives injured party as remedy
  19. case law
    derived from previous decisions
  20. discovery
    assertainment of facts by the parties of a lawsuit
  21. contract
    enforceable agreement
  22. codes
    compilations of all statutes
  23. adjudicate
    bring before court: a law
  24. sedition
    the oldest act, crime to publish false comments about officials
  25. narrowly tailored
    very specific law, most likely to be constitutional
  26. local values
    states have own rights and can decide
  27. overbreadth
    any prohibition aimed at unprotected expression is invalid, opposite of narrowly tailored laws
  28. due process
    innocent until proven guilty, right to know what accured of
  29. strict scrutiny
    highest degree of protection, limits government interference
  30. tolerate the excesses to protect the freedoms
    all have freedom of speech, so can't remove any
  31. intermediate scrutiny
    gov't can't act if narrowly tailored to gov't interest
  32. public forum/soap box
    place used for public's exercise of free speech
  33. Hazelwood case
    school authority can review paper b/f publishing in high schools
  34. Kincaid V. Gibson
    2 yearbook students vs. officials, allowed to distribute despite school's wishes
  35. Husty V. Carter
    school paper, officials had control
  36. SEC
    Security Exchange Commission
  37. Rule 10b-5
    stock and financial news must be shared with the media, started as anti-fraud law
  38. PAC
    political action committee, make political contributions using funds from donations
  39. mores
    resubmit case to court for second review
  40. substantial
    lower than compelling
  41. compelling
    highest order
  42. probable cause
    reason for investigation
  43. Shenck V. U.S.
    during WWI, Shenck promoted not signing draft, was prosecuted
  44. Pied Piper Case
    someone imitates harm after media shows it
  45. viewpoint-neutral
    allow all groups to speak equally
  46. negligence
    failure to exercise due care, lack of care that a reasonal person would have exercised under circumstances; a fault standard used in tort law
  47. John Peter Zenger
    printer who published seditious/libel content, prosecuted by king, but was freed
  48. Wilson College
    can shut down student newspaper--private
  49. alcohol prohibition
    illegal to sell, produce alcohol, 1919-1933
  50. Skywalker Records V. Navarro
    Cops told record stores to stop selling an album because public complained about lyrics. said probable cause, record co. sued and won
  51. Near V. Minnesota
    formalizes prior restraint; people's names published if broke prohibition law unless paid paper, deemed ok because of prior restraint: must lead to damages
  52. open marketplace of ideas
    everyone allowed to speak, the truth will come out
  53. ideological corporations
    not funded by business corporations, get donations/members to promote specific message
  54. Born Innocent
    On TV: girl in shower is raped, beaten; happens in real life, girl lost the case & NBC won
  55. 1975 Cali. court found radio station liable for car accident
    Knew it was dangerous; No first amendment protection
  56. Osbourne's "Suicide Solution"
    song 'caused' boy to kill himself, Osbourne won the case because no consequence of the music
  57. subliminal message
    not protected by 1st amendment
  58. Paladin Press
    lost case on instruction book on murder
  59. Julie Doe & Myspace
    13-year-old met man in real life who sexually assaulted her; she sued & lost because Myspace not responsible for content posted, happened outside of Myspace
  60. Nuremberg Files
    • Planned Parenthood sued anti-abortion activists who made site with abortion doctors' names and addresses,
    • Planned Parenthood won because of implicit threat,
    • reviewed in 2001, defendants won: free speech
  61. Soldier of Fortune Magazine
    • an ad in magazine, reviewed twice
    • 1. won because mag not responsible (ex. locksmith)
    • 2. lost becasue language, criminal activity
  62. The Last Chance Diet
    Woman lost 100 lbs on diet, died of heart failure, publisher of book won, not liable for harm or accuracy of books
  63. Pentagon Papers
    during Vietnam War, OK to publish because no national security breached
  64. Smith Act
    punishes advocacy of overthrowing gov't by force or violence
  65. Revenagence
    KKK member's speech, arrested but freed because no direct forceful threat
  66. incitement
    strict version of clear-and-present danger test issused by Brandenberg
  67. "We'll take the fucking street again"
    antiwar demonstrator said to cop, arrested but freed
  68. H-Bomb and Progressive magazine
    leaked instruction on how to make bomb, gov't scared of danger, published anyway
  69. Flynt and Grenada
    Wanted reporters to go with ground troops in combat, was denied
  70. media put into these for Operation Desert Storm to be safe
  71. clear-and-present danger
    determines when gov't can forbid speech encouraging violence
  72. due care
    reasonable care
  73. Orgasm of Death
    media won because said dangerous & do not attempt
  74. Zamora
    claimed subliminally intoxicated by TV, not responsbile for killing neighbor, he lost
  75. Carneal
    claimed video games desensitized him, caused him to go on shooting rampage in high school, he lost
  76. Espionage Act
    forbids insubordination, disloyalty, mutiny and refusal of duty to be encouraged
  77. libertarians posit
    they put forth/say
  78. FOIA
    Freedom of Information Act: gov't records are public unless classified
  79. advocate violence
    OK, but threats are not protected
  80. commercial advertising
    only moderate degree of protection
  81. libertarians
    individual liberty as basic moral in society, low gov't involvement
  82. capitalists
    private ownership, gov't does not have control over property
  83. "chilling effect"
    discouragement to exercise constitutional right for fear of legal repercussions
  84. habeas corpus
    prionser can be released if lacking evidence, reviewed in court again
  85. ISKC: International Society of Krishna Consciousness V. Lee
    Religious organization prohibited from distributing literature in public airport, airports are not public forums, ISKC lost
Card Set
Comm Law Vocab