Collins JOUR 303 Final Exam Questions And
Answers
First answer on every test: what does the first amendment protect?
Political Speech
Second question: what prohibits the government?
Prior restraint
What five things does the first amendment protect?
speech, press, assembly, petition, religion
Types of Law:
Constitutional
Property
Contracts
Civil Procedure
Legal Writing/research
Personal injury (tort)
other courts
The four step process of what a law means:
1. read the law
2. look for precedent (previous cases)
3. look at the law givers (legislature)
4. look to the history of the times
4 Sources of Law
1. Constitutional Law
2. Statutory Law- made my legislature
3. Administrative Law
4. Common Law
Brandenburg Test
1. inciting
2. imminent
3. lawless
4. likely to occur
Due process
legal requirement that the government must respect all legal rights that are owed to a person
Rational Basis Test
1. challenger gets the burden
2. plaintiff claims law is unconstitutional
3. plaintiff must convince the court that the law lacks a rational basis; reasonable, compelling reason
The 5 ions to remember defamation elements of plaintiff's case
, 1. defamation
2. publication
3. identification
4. reputation
5. compensation
public figure
someone who voluntarily puts themselves out into the public eye
How to show actual malice
you have to show that the defendant knew the statement's falsity and they had a reckless disregard
for the truth.
Civil Law Process
1. meet with lawyer and decide how payment will be made
2. make a complaint against the defendant
3. take complaint and file it with clerk of courts, becomes public record
4. serve defendant the complaint
5. defendant then meets with a lawyer
6. make an "answer" to the complaint
7. file the answer with court
8. service the answer to the plaintiff
9. pull evidence together; physical and testimony need to be notarized
10. Go to mediation
11. possibly go to arbitration
12. possible mediation with judge
13. jury selection
14. trial
4 Monetary Damages
compensatory damages- Examples include pain and suffering or loss of income. These can be awarded
due to many different situations where the liable party is guilty of wrongful conduct. For example,
someone who is injured in a car accident might be awarded monetary damages for the loss of current
and future earnings if their ability to work is affected.
nominal damages- This occurs in situations where legal fault is determined, but there is little or no
actual loss.
punitive damages- These monetary damages are often awarded based on the intent behind an illegal
act. Some actions that result in monetary damages are simple accidents without willful intent, but
sometimes an act can be with the deliberate goal of causing someone harm. These kinds of acts might
result in punitive damages.
liquidated damages- These damages are designated as a stipulation regarding breach of contract, and
can include monetary compensation for a loss, detriment, or injury to a person, or a person's rights or
property.
libel by implication
defamation based on a logical inference from words, pictures, or gestures rather than on a direct
statement. How statement is perceived.
Answers
First answer on every test: what does the first amendment protect?
Political Speech
Second question: what prohibits the government?
Prior restraint
What five things does the first amendment protect?
speech, press, assembly, petition, religion
Types of Law:
Constitutional
Property
Contracts
Civil Procedure
Legal Writing/research
Personal injury (tort)
other courts
The four step process of what a law means:
1. read the law
2. look for precedent (previous cases)
3. look at the law givers (legislature)
4. look to the history of the times
4 Sources of Law
1. Constitutional Law
2. Statutory Law- made my legislature
3. Administrative Law
4. Common Law
Brandenburg Test
1. inciting
2. imminent
3. lawless
4. likely to occur
Due process
legal requirement that the government must respect all legal rights that are owed to a person
Rational Basis Test
1. challenger gets the burden
2. plaintiff claims law is unconstitutional
3. plaintiff must convince the court that the law lacks a rational basis; reasonable, compelling reason
The 5 ions to remember defamation elements of plaintiff's case
, 1. defamation
2. publication
3. identification
4. reputation
5. compensation
public figure
someone who voluntarily puts themselves out into the public eye
How to show actual malice
you have to show that the defendant knew the statement's falsity and they had a reckless disregard
for the truth.
Civil Law Process
1. meet with lawyer and decide how payment will be made
2. make a complaint against the defendant
3. take complaint and file it with clerk of courts, becomes public record
4. serve defendant the complaint
5. defendant then meets with a lawyer
6. make an "answer" to the complaint
7. file the answer with court
8. service the answer to the plaintiff
9. pull evidence together; physical and testimony need to be notarized
10. Go to mediation
11. possibly go to arbitration
12. possible mediation with judge
13. jury selection
14. trial
4 Monetary Damages
compensatory damages- Examples include pain and suffering or loss of income. These can be awarded
due to many different situations where the liable party is guilty of wrongful conduct. For example,
someone who is injured in a car accident might be awarded monetary damages for the loss of current
and future earnings if their ability to work is affected.
nominal damages- This occurs in situations where legal fault is determined, but there is little or no
actual loss.
punitive damages- These monetary damages are often awarded based on the intent behind an illegal
act. Some actions that result in monetary damages are simple accidents without willful intent, but
sometimes an act can be with the deliberate goal of causing someone harm. These kinds of acts might
result in punitive damages.
liquidated damages- These damages are designated as a stipulation regarding breach of contract, and
can include monetary compensation for a loss, detriment, or injury to a person, or a person's rights or
property.
libel by implication
defamation based on a logical inference from words, pictures, or gestures rather than on a direct
statement. How statement is perceived.
