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J400 > Free Press Free Trial > Flashcards

Free Press Free Trial Flashcards

0
Q

What is the first amendment ?

A

It is free press/ free speech

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1
Q

Criminal trails are considered

A

Are presumptively open because of the Richmond news papers Vs. Virginia

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2
Q

Under what amendment is free trial?

A

It is the 6th (criminal )

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3
Q

What is a trial

A

Proceeding intended to resolve questions if fact

Trails are not about laws they are abt facts

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4
Q

Mistrial

A

Declaration that trial is not proper/ no conclusion

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5
Q

Evidence

A

Witness testimony, documents,things

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6
Q

Voir dire (speak the truth)

A

Impartial jury, jury selection

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7
Q

Veniermen

A

Picking jury, those who have been selected for jury

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8
Q

Venue change

A

Change of location for trial

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9
Q

Sequestration

A

Holding the jury from the outside world to avoid outside influence

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10
Q

Admisability

A

Evidence ruled OK for submission at trial

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11
Q

Inadmissible evidence

A

Character evidence such as citing what wrings the def’t has committed, criminal record

Govt must prove THIS crime

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12
Q

Hearsay

A

Witness testifying to what someone else said

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13
Q

What is the 6th amendment

A

Rights of the accused,speedy trial, impartial jury where crime occurred, right to confront witnesses

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14
Q

Impartial jury

A

Able to have an open nit unduly swayed by publicity outside trial

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15
Q

Infallible

A

To not make a mistake

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16
Q

Challenge for cause

A

Not impartial-deep seated

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17
Q

Peremptory challenge

A

To dismiss jury for no reason (limited in number, can only happen 2x)

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18
Q

What proceedings are presumptively open

A

Criminal trails, bail hearings, voir dire proceedings

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19
Q

Closure standard

A 
For open proceedings can close If...
Interest
Harm
Alternatives
Alternatives exist for media expression 
Min. Interfer
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20
Q

General exceptions to openness (not open trial)

A

Juvenile hearings, military courts, summary jury trials

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21
Q

Bench bar press guidelines

A

Ru

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22
Q

Laws in context

A

In context refers to a particular time and place

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23
Q

What has SCOTUS ruled abt censorship during wartime

A

More censorship is acceptable during wartime

24
Q

Dichotomy

A

Two mutually exclusive things

Either alive or dead, war or peace etc etc

25
Q

Continuum

A

2 areas run together, grey areas in between

26
Q

As context changes

A

Law changes

27
Q

quantitative distinction

A

(#’s) levels of intensity

28
Q

Qualitative

A

2 different kinds of categories, a whole new situation, the way the govt defines wartime

29
Q

Denial of access to persons or places

A

Compare Vietnam to Iraq Dover Air Force base rolling stone magazine cover

30
Q

Denial of access to foments and things

A

Sealed dockets, states secrets privilege Guantanamo bay FOIO denied

31
Q

Punishment after publication

A

Draft resistance cases WWI Washington post reporter camps story official calls for espionage prosecutions Chelsea manning

32
Q

Self censorship

A

Chilling effect

33
Q

Privacy and surveillance state

A

Snowden / NSA

34
Q

Belacose

A

Talking abt war

35
Q

What does the first amendment protect

A

It protects speech and symbolic speech flag burning, armbands, crosses, turbans

It does not protect physical action like threatening imminent lawless action or fighting words

36
Q

In loco parentis

A

In place of the parents

37
Q

Cause of action

A

In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party.

38
Q

Liable

A

Responsible for harm

39
Q

Libel

A

Cause of action for damage to reputation publication of or concerning plaintiff

40
Q

Tort

A

Civil wrong (libel, damage, negligence)

41
Q

Slapp

A

Speaker used for exercising free speech rights, under statutes case dismissed early purpose is to protect speakers from being harassed w/ out lawsuits

42
Q

Arbitration

A

Proceedings outside court

43
Q

Retraction statute

A

Correction of false or injurious publication

44
Q

Libel 2

A

Written publication injurious to reputation

45
Q

Slander

A

Oral publication injurious to reputation

46
Q

Defamatory

A

Injurious all together

47
Q

Publication

A

Transmit info report from one person to another

48
Q

Libel tourism

A

Going to another jurisdiction to file a suit where libel laws are more favorable to plaintiff

49
Q

Speech act

A

Will not enforce foreign libel judgements

50
Q

Libel per se

A

Words libelous on face (thief whore slut )

51
Q

Libel per quod

A

Have to know other facts

52
Q

Elements of a libel case

A

Publication-any to one or another person
Of or concerning patient (is it abt you )
Defamatory- injury to rep
False - not opinion
Defendant at fault- if a plaintiff is a public figure plaintiff must show defendant acted w/ reckless disregard

53
Q

Element

A

Parts of a case

54
Q

Court remedies

A

Equity or injunction, retraction in the case of libel

55
Q

Proof of fault

A

Truth / falsity of a publication

56
Q

Vendors

A

They are not responsible for libel purposes

57
Q

Communications decency act

A

Internet service providers not responsible for contect

J400 (3 decks)

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