Media Law CH.1.3

• level of certainty required for civil cases.
• lower than that required for a criminal trial.
• the facts support one side more than the other.

• wrongful action that gives someone the right to sue the wrongdoer.
• tortfeasor=defendant, plaintiff=person bringing the case.

compensation for non-monitary loss

compensation that requires proof of monetary losses

can include both general and special damages.

awarded without any proof

damages set by statute

three times the actual damages.

• damage award, often high, intended to punish a wrongdoer.
• cannot exceed 10 times the general and special damages.

motion to dismiss and it contends that there is no legal basis for the lawsuit.

usually based on the defendants notion that there is no factual basis for the lawsuit to proceed further.

• Pretrial process by which the parties share information and evidence.
• excellent for lawyers to be able to plan ahead.

• 376 U.S. 254
• volume number. court. page number.