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Flashcards in Exam 1 Terms Deck (77):
1

ACLU

American Civil Liberties Union

2

Arbitration

Similar to mediation, arbitration is a method of solving a dispute between two parties with the assistance of a neutral third party. Arbitrations usually consist of a binding determination, but they may be advisory, or conditionally binding.

3

Act

Statutory plan passed by Congress or any legislature, which is a "bill" until enacted and becomes law.

4

Administrative Agency

A governmental body, usually part of the executive branch, charged with implementing particular laws enacted by Congress. Each respective statutory grant of authority defines the goals to work towards, as well as what substantive areas, if any, it may have the power of rulemaking over. These rules, regulations, orders, and decisions (while in force) have the power of federal law in the United States.

5

Amendment Note

A federal or state code publisher's note, following a statute that has been changed, alerting readers as to the exact changes and when they occurred. The note may be known by various names, depending on the publisher.

6

Answer

the pleading filed by the defendant in response to the plaintiff's complaint.

7

Appellant

the party who requests that a higher court review the actions of a lower court.

8

Appellate Court

A court having appellate jurisdiction that normally does not hear evidence or testimony but reviews the transcript of the trial court's proceedings, other records relating to the case, and the attorneys' respective arguments as to why the trial court's decision should or should not stand.

9

Appellee

the party against whom an appeal is taken (usually but not always, the winner in the lower court).

10

Bill

a legislative proposal introduced in the legislature that has not been enacted into law.

11

Case Law

law created by reported judicial decisions.

12

Case Note

A federal or state code publisher's note, following a statute, that summarizes the published judicial opinions that have cited that statute. The note may be known by various names, depending on the publisher. ex. NOTES OF DECISIONS

13

Cause of Action

a claim in law and fact sufficient to bring the case to court; the grounds for a lawsuit.

14

Certiorari

a writ issued by a superior court requiring a lower court to produce the records of a particular case. A writ of certiorari is a discretionary device used by the Supreme Court to select the cases it wishes to hear.

15

Chilling effect

to intimidate so that a person refrains from speaking.

16

Civil Law

The branch of law that spells out the duties that individuals in society owe to other persons or to their government, excluding the duty not to commit crimes.

17

Commerce Clause

The clause in Article I, Section 8, of the Constitution that gives Congress the power to regulate interstate commerce (commerce involving more than one state).

18

Commercial Speech

Advertising statements that describe products. This kind of speech receives less protection under the First Amendment than ordinary speech.

19

Common Law

Traditional case law based upon custom and precedent, which serves as the foundation of the American legal system (except for Louisiana).

20

Complaint

The initial pleading that includes a statement regarding the court's jurisdiction, a statement of the claim upon which relief is sought, and the relief requested.

21

Contributory Infringement

Indirectly helping another to directly copy a copyrighted work.

22

Constitutional Law

Law based on the U.S. Constitution and the constitutions of the various states.

23

Copyright

An intangible right granted by statute to the author or originator of certain literary or artistic production, whereby he or she is invested, for a limited period, with the sole and exclusive priviledge of multiplying copies of the same and publishing and selling them. This right protects only the expression of an idea, and not the idea itself.

24

Criminal Law

The branch of law that defines and governs actions that constitute crimes. Generally, criminal law has to do with wrongful actions committed against society for which society demands redress.

25

Cybersquatter

Someone who registers someone else's domain name or its misspelling.

26

Damages

Monetary compensation awarded by a court for an injury caused by the act of another.

27

Defamation

The offense of injuring a person's character, fame, or reputation by false and malicious statements; the term includes both libel (written) and slander (oral).

28

Defendant

The party sued in a civil lawsuit or the party charged with a crime in a criminal prosecution.

29

Derivative work

A work based upon one or more pre-existing works, such as a translation, reproduction, abridgement, condensation, or any other form in which a work may br recast, transformed, or adapted.

30

Digital Signature

A number generated by a complex mathematical formula that can be used, in combination with specialized software, to authenticate the sender of a message and that the content has not been altered in transit.

31

Direct Infringement

Copying, in part or in total, of a copyrighted work.

32

Dissent

The explicit disagreement of one or more judges of a court with a decision passed by the majority on a case before them.

33

Domain name

The name an individual or entity uses to identify its Web site.

34

Due process of law

A term found in the Fifth and Fourteenth Amendments of the Constitution and also in constitutions of various states. Although subject to various interpretations, it basically requires the government to use fair, reasonable, and standard procedures whenever it takes any legal action against an individual.

35

En banc

Some appellate courts, which have a large number of judges and a large case load, often divide into small panels for various cases. Sometimes, on the request of a panel, or one of the litigants, the case is later reheard by the full court, or en banc.

36

E-SIGN

Electronic signatures in Global and National Commerce Act

37

European Union

Organization of European countries dedicated to increasing economic integration and strengthening cooperation among its members. Its headquarters is in Belgium.

38

Fair use

A privilege in someone other than the owner of copyright to use copyrighted materials in a reasonable manner without consent, not withstanding the monopoly granted to the owner.

39

FCC

Federal Communications Commission

40

First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

41

Framing

Creating a border within a web page that gives the impression that the content within that border was created by the web designer of the page, when, in reality, the information within the border is actually a web page designed by another individual and pulled into the border.

42

Freedom of expression

The liberty to express opinions and facts uncontrolled by any censorship or restrictions of government.

43

FTC

Federal Trade Commission

44

Injunction

A judge's order that a person or entity do or refrain fro doing a certain act.

45

Internet service provider (ISP)

Any individual or entity commercial, nonprofit, or educational that provides access to the Internet for a specified group of users.

46

Interactive Computer Service Provider

A term used in the Communications Decency Act Section 230 to describe ISPs, websites, online services. and search engines. Cannot be content providers.

47

History Line

The entry of session law numbers and their dates directly following each statute in a federal or state code. May be known by various names, as each code publisher is different.

48

Judicial review

The review of legislation or other governmental action by a court to determine whether it is constitutional.

49

National Security Letter

A certification by the Director of the FBI or the Director's designee to obtain information to protect against terrorism. A national security letter can be issued without a court order and there is no requirement that the FBI demonstrate a need for the information it wishes to obtain.

50

Open Source Code Movement

The source code of application or operating system software is made freely available for modifications, corrections, and redistribution (source code consists of a computer programs's statements written in a high level language such as JAVA or C++)

51

Over breadth doctrine

Serves to invalidate legislation so sweeping that, along with its allowable prescriptions, it also restricts constitutionally protected rights of free speech, press, or assembly.

52

Plaintiff

The party who initiates a civil lawsuit by filing a complaint with the clerk of the court against the defendant(s) demanding damages, performance and/or court determination of rights.

53

Pornography

The average person, applying contemporary community standards, would find that the material, taken as a whole, appeals to a prurient interest, it depicts in a patently offensive way sexual conduct, and the work taken as a whole lacks serious artistic, political, or scientific value.

54

Privacy

The right not to have one's personal data, communications, space, thoughts, statements, or emotions made public without consent. Not an explicit constitutional right.

55

Protected speech

Speech that is permissible by constitutional standards and cannot be controlled by statutory enactment.

56

Punitive damages

Monies awarded over and above the claimant's actual damages for injuries received due to the commission of an intentional tort which the law permits in order to punish the wrongdoer.

57

Regulations

Rules or orders issued by various government agencies to serve as guidelines for the law. They sometimes have the power of law.

58

Safe Harbor

A statutory, regulatory, or contractual provision that provides protection, usually from liability or penalty.

59

Separation of powers

The principle of dividing governmental powers among the executive, the legislative, and the judicial branches of government.

60

Session Law

Statutes published in their chronological, pre-Code form.

61

Standing to sue

The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. The party bringing the suit must demonstrate that he or she has been harmed or threatened with a harm.

62

Stare decisis

The doctrine of American law that states that when a court has formulated a principle of law as applicable to a given set of facts, it will follow that principle and apply it in future cases where the facts are substantially the same.

63

Statute

An act of a legislature declaring, commanding, or prohibiting something.

64

Strict liability

Liability without proving fault.

65

Subpoena

An official government document containing a written command that you must appear and give testimony.

66

Summary judgment

A decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law.

67

Sunset provision

A specification in a law that terminates that law after a specific date, unless further legislative action is taken to extend it.

68

U.S. Constitution, Article I, Section 8

The Congress shall have the power...to promote progress of science and useful arts by securing for limited times authors and inventors exclusive rights to their respective writings and works.

69

Vagueness doctrine

Basis for striking down a law or regulation that does not fairly inform a person or give sufficient warning of what conduct is unlawful.

70

Affirmed

A case was upheld by an appellate court.

71

Amended

The legislature or agency altered an existing statute or regulation.

72

Repealed

Subsequent legislation abrogated previous legislation.

73

Reversed or Overruled

A case was overthrown by a contrary decision.

74

Remanded

The action of a higher court sent a case back to a lower court for further proceedings.

75

Revoked

A law (often an agency regulation) was invalidated, through recall of power or authority.

76

Superseded

A new case was substituted for an older one, setting the old one aside.

77

Vacated

A case was withdrawn, so that it is no longer precedent.