Law: Civil vs. Common, Criminal vs. Civil

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Questions and Answers

Match the legal terms with their correct definitions:

Stare Decisis = Precedent controls; courts abide by prior rulings. Incorporation = Applying the Bill of Rights to the individual states. Prior Restraint = Restraining speech before it is uttered or written. State Action Doctrine = The Constitution only applies against the government.

Match the types of legal cases with their corresponding descriptions:

Civil Case = Two parties suing each other, typically for damages or specific actions. Criminal Case = The government versus an individual, potentially leading to jail or fines. Law Case = May result in award of money. Equity Case = May result in an injunction.

Match the legal concepts related to intentional emotional distress with their elements:

Intentional Act = The act must be intentional. Extreme Act = The act must be extreme in nature. Outrageous Act = The act must be outrageous in nature. Severe Emotional Distress = Leads the plaintiff to experience severe emotional distress.

Match the elements of the Brandenburg Test for incitement with their descriptions:

Advocates imminent lawless action = The speech or expression must advocate for imminent lawless action. Threatened action poses serious risk of harm = The action poses a serious risk of harm. Speaker intends lawless action = The speaker specifically intends for lawless action to occur. Illegal action likely to occur = The illegal action is likely to occur.

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Match the elements of defamation with their correct components:

Defamatory Statement = A statement that harms someone's reputation. Of and concerning Plaintiff = The statement must be about the plaintiff. Publication = The statement must be communicated to a third party. Falsity = The statement must be false.

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Match the legal concepts related to speech regulation in schools with their descriptions:

Tinker Test = Speech can only be banned if it disrupts the educational process. Hazelwood Test = Legitimate pedagogical concerns; only applies if the school newspaper is essentially a graded class. Hosty Case = If its a traditional public forum, CNN Channels, if not, apply Hazelwood standard: Is this a class or an extracurricular activity? Is the censorship necessary for legitimate pedagogical concern? California's anti-Hazelwood statue = Bans the prior restraint of articles in public school papers unless the content is obscene Libelous or slanderous or would cause substantial disruption of the orderly operation of the school (i.e., the tinker standard);

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Match the legal terms concerning defamation cases involving different types of figures:

Public Figure = Must prove malice to collect compensatory/punitive damages in a defamation case. Private Figure, Public Issue = Must prove negligence to collect compensatory damages; prove malice to collect punitive damages. Private Figure, Private Issue = Use state common law to figure out burden of proof in a defamation case. Malice = Intentional/ reckless disregard for the truth.

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Match the terms associated with lawsuits aimed at curbing public participation with their descriptions:

SLAPP Statute = Strategic Lawsuits Against Public Participation; lawsuits to prevent the defendant from publishing further harmful material. Anti-SLAPP Statute = Statutes where the defendant asks the judge to dismiss the plaintiff's lawsuit outright. Libel Tourism = Going to Britain to sue in British courts because it would be too hard to win in the U.S. Communications Decency Act = Protected content providers from liability for false statements in books that they sell.

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Match the U.S. constitutional amendments with their significance regarding individual states and rights:

First Amendment = Originally only applied to Congress, restricting federal abridgment of speech. Fourteenth Amendment = Due Process Clause applied guarantees of freedom of speech and press to the states. 1833 Supreme Court Ruling = The First Amendment and the entire Bill of Rights did not apply to the States. Gitlow v. New York = The Supreme Court held that, under the Due Process Clause of the Fourteenth Amendment, the guarantees of freedom of speech and freedom of the press apply to the States, as well as the federal government.

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Match the legal terms related to speech regulations with their descriptions:

Prior Restaurant = A law that restrains speech before it is uttered/ written. Symbolic Speech = Actor: person engaging in the conduct must intend to convey a particular message with this conduct. Audience for Symbolic Speech = Audience: There must be a great likelihood that some people who witness it will reasonably understand the particular message that was intended by the actor. State Action Doctrine = Constitution applies against the GOVERNMENT.

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Match the historical actions with the act under the Sedition Act of 1918:

Prohibited Actions = Crime utter or print or write or publish disloyal or profane language intended to cause contempt for, or scorn, the federal government, the constitution, the flag, or the armed forces. Penalty = The penalty for violating it was $10,000 or jail up to 20 years. 2011 Application = The Sedition Act was used against Julian Assange from Wikileaks, for disclosing hundreds of thousands of classified government documents on the Internet. Post Office Involvement = During World War I, the post office censored thousands of newspapers, books,and pamphlets.

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Match the facts with the Morse v. Federick case:

Facts = Facts

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Match the types of case with the damages that are available:

Torts Cases = Compensatory and punitive damages Breach of contract cases = Only compensatory damages defamation cause = Must prove malice (intentional/ reckless disregard for the truth) in order to collect compensatory/punitive damages private figure cause = must prove negligence to collect compensatory damages; must prove malice to collect punitive damages

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Match the 3 types of cases to determine what a plainitiff needs to show:

plaintiff is a public official or public figure = Malice for both compensatory and punitive damages In a defamation case, what must the plaintiff prove if he or she is a private figure in a matter of public concern = Negligence for compensatory damages; malice for punitive damages In a defamation case, what must the plaintiff prove if he or she is a private figure in a matter of strictly private concern? = Refer to the State's own laws; the U.S. Constitution does not get involved here. refer to state laws = The State's own laws; the U.S. Constitution does not get involved here.

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Match the alcohol rulings court cases

Pitt News v. Pappert (Third Circuit) = PA's Act 199-which prohibited alcohol advertising in college newspapers(as a way to curb underage alcohol drinking and also to prevent binge alcohol drinking) violated the first Amendment right of the newspaper to receive advertising revenue Educational Media Co. at VA Tech v. Swecker, the fourth circuit = the fourth circuit said it is counterintuitive for alcohol vendors to spend their money on advertisements in newspapers with relatively limited circulation, directed primarily at college students, if they believed that these ads would not increase demand by college students. 3rd circuit says... = 3rd circuit! 4th circuit says = 4th circuit!

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Flashcards

Civil Law vs. Common Law

Civil law originates from Europe, while common law comes from England. Civil law aims to cover everything, whereas common law has intentionally vague laws.

Law system in California

California follows common law, with the exception of marital property, which adheres to the civil law system of COMMUNITY PROPERTY.

Civil vs. Criminal Case

A criminal case involves the government versus an individual, potentially leading to jail, fines, or execution. A civil case involves two parties suing each other, where the outcome is generally damages or injunctions.

Application of the Bill of Rights to States

The First Amendment originally restricted Congress, not the states. The Fourteenth Amendment's Due Process Clause later applied these guarantees to the states.