COM Law Exam 1 Flashcards
1
Q
Zenger 1735
A
- jailed for seditious libel (criticism of the gov.)
- acquitted by jury bc claims were true
2
Q
statutory law does not pre-empt federal law
A
true
3
Q
common law
A
- used by most states
- past legal precedents or judicial rulings are used to decide cases at hand
4
Q
civil law
A
- used by lousiana (only state)
- looks into what could happen in the future in order to anticipate new laws
- private law between individuals
5
Q
criminal law
A
- an offense against society
- the state takes care of it
6
Q
tort
A
- personal injuries (property, reputation, etc.)
7
Q
SCOTUS
A
- Supreme Court of the United States
- top court in the country
- 9 justices
8
Q
USCA
A
- United States Court of Appeals
- 13 court of appeals
- 180 judges
- circuit courts (boone is in the 4th circuit)
- appellee v. appellant (winner name first in case name)
9
Q
USDC
A
- United States District Courts
- 94 district courts
- ~650 judges
- plaintiff v defendant (plaintiff name first in court case)
10
Q
certiorari
A
- you have to submit a petition of certiorari to get an appeal to SCOTUS and if accepted, they’ll grant you a writ of certiorari
11
Q
writ of certiorari
A
- constitutional question
- repeated
- number of people affected
12
Q
panel rehearing
A
- panel of 3 judges that issued the original decision reconsiders the case
13
Q
en banc rehearing
A
- full courts reconsiders the case
14
Q
majority v dissenting opinion
A
ex. 5 - 4 (5 = majority; 4 = dissenting)
15
Q
appellee
A
- winner
16
Q
appellant
A
- loser
17
Q
concurring opinion
A
- always written by someone within the majority
18
Q
dissenting opinion
A
- always written by someone within the dissenting
19
Q
per curiam
A
- by the court
20
Q
prior restraint
A
- government action that prohibits speech or other expression before the speech happens
21
Q
absolutism
A
- a political theory holding that all power should be vested in one ruler or other authority
22
Q
plaintiff
A
- person who sues
23
Q
defendant
A
- person being sued
24
Q
Gitlow v. NY (1925)
A
- applied free speech to state governments through the due process clause of the Fourteenth Amendment
- due process clause prohibited deprivation of life, liberty or property
25
Near v Minnesota (1931)
- prior restraint on publication violates freedom of the press
26
viewpoint discrimination
- singling out a particular opinion or perspective on that subject matter for treatment unlike that given to other viewpoints
27
strict scrutiny
- highest standard that is used to evaluate expressive activity
- determines the constitutionality of certain laws
28
Texas v Johnson (1988)
- burning the American flag was protected speech under the First Amendment, as doing so counts as symbolic speech and political speech
- 5-4 upholding
- arguement for = symbolic speech
- argument against = expressive conduct
29
Barnette v W. Virginia (1943)
- Free Speech Clause of the First Amendment protects students from being forced to salute the American flag or say the Pledge of Allegiance in public school
30
Snyder v Phelps
- speech on a matter of public concern, on a public street, cannot be the basis of liability for a tort of emotional distress, even in the circumstances that the speech is viewed or interpreted as "offensive" or "outrageous"
- 5-4 upholding
31
Schenck v US (1919)
- freedom of speech can be restricted if speech represents a "clear and present danger"
- 9-0 upholding
32
Abrams v US (1919)
- the First Amendment does not protect speech that is designed to undermine the US in war by fueling disorder
- 8-1
33
Dennis v US (1951)
- made it a criminal offense to advocate the violent overthrow of the government
- violated smith act (outlaws espionage)
- desirability of communism is ok (as a concept)
- advocacy of communism is not ok
34
Yates v US (1957)
- court said he was advocating idea of communism (which was ok)
- advocating action is not ok
35
Brandenburg v Ohio (1969)
- hate speech is protected under 1st amendment so long as it doesn’t incite violence
- advocating action is ok
- inciting action is not ok
- KKK
36
2nd class speech
- commercial speech
- sexual speech
- because they're regulated
37
true threat
- intent to intimidate
38
Chaplinsky v New Hamp. (1942)
- fighting words are not protected under the First Amendment
39
fighting words
- have to be spoken face-to-face
- have to be likely to cause an immediate breach of peace
40
worthless speech
- name calling
41
worthwhile speech
- debate of ideas
42
Cohen v California (1971)
- "fuck the draft" on jacket
- established that the government generally cannot criminalize the display of profane words in public places
- political speech is protected by the First Amendment
43
Tinker v Des Moines (1969)
- students wore black arm bands in protest of the vietnam war
- defined First Amendment rights of students in U.S. public schools
44
Hazelwood v Kuhlmeier (1988)
- schools may restrict what is published in student newspapers if the papers have not been established as public forums
45
13th amendment (1865)
- abolished slavery
46
14th amendment (1867)
- equal rights (not women)
47
15th amendment (1870)
- voting for black men
