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Related Flashcards
Related Topics
Cards In This Set
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Sources of Law
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Common Law, Constitutional Law, Statutory Law, Administrative Regulations
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Common Law
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Court-baseJudicial BranchUses Precedent
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Constitutional Law
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Ammendment basedinterpreted by court
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Statutory Law
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Legistlative basedinterpreted by court
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Administrative Regulations
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Executive basedinterpreted by courtfederal level
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Court Systems
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Trial CourtsAppellate CourtsFederal Courts
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Trial Courts
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Questions of factoriginal jurisdiction
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Appellate Courts
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Questions of lawdoes not change the facts of a case
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1st Ammendment Theories
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AbsolutistAd Hoc Balancing (case by case comparisons)Preferred Position Balancing (most judges use this)MeiklejohnianAccess
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Who can claim libel
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Living peopleprivate entities/corporations
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How is libel proved?
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Must be publishedwords of and concerning the plaintiffmaterial was defamatorymaterial was falsedefendant was at fault
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Public Figure (all purpose)
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Persons who occupy positions of such pervasive power and influence that they are deemed public figures for all-purposes (instant name recognition and constant media access)
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Public Official
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Elected official that has substantiated responsibility for the conduct of governmental affairs - if non-elected official then the story must directly involve their on the job behavior
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Public Figure (Limited Purpose)
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Must be actively seeking to influence the public opinion and have participated in the controversy
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Negligence vs. Actual Malice
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Private vs. Public
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