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Gertz V. Robert Welch, Inc.
''Gertz v. Robert Welch, Inc.'', 418 U.S. 323 (1974), was a landmark decision of the US Supreme Court establishing the standard of First Amendment protection against defamation claims brought by private individuals. The Court held that, so long as they do not impose liability without fault, states are free to establish their own standards of liability for defamatory statements made about private individuals. However, the Court also ruled that if the state standard is lower than actual malice, the standard applying to public figures, then only actual damages may be awarded. The consequence is that strict liability for defamation is unconstitutional in the United States; the plaintiff must be able to show that the defendant acted negligently or with an even higher level of mens rea. In many other common law countries, strict liability for defamation is still the rule. Background of the case In 1968, a Chicago police officer, Richard Nuccio, shot and killed Ronald Nelson. After ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Motion To Dismiss
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion is the ''moving party'' or ''movant''. The party opposing the motion is the ''nonmoving party'' or ''nonmovant''. Process In the United States, as a general rule, courts do not have self-executing powers. In other words, in order for the court to rule on a contested issue in a case before it, one of the parties or a third party must raise an appropriate motion asking for a particular order. Some motions may be made in the form of an oral request in open court, which is then either summarily granted or denied orally by the court. This is still common with motions made during trial. Today, h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Elmer Gertz
Elmer Gertz (September 14, 1906 – April 27, 2000) was an American lawyer, writer, law professor, and civil rights activist. During his lengthy legal career he won some high-profile cases, most notably parole for notorious killer Leopold and Loeb, Nathan Leopold and the obscenity trial of Henry Miller's novel ''Tropic of Cancer (novel), Tropic of Cancer'', a book published in France but banned in the United States because of its "candid sexuality" in describing the author's life in Paris. In addition to accounts of his cases and career, he also reviewed books and edited a collection of works by Frank Harris, whom he represented as literary agent for a while. He is best remembered in the legal world, however, for a case in which he was not an advocate but a plaintiff: ''Gertz v. Robert Welch, Inc.'', a slander and libel, libel action he brought against the John Birch Society in 1969 after it accused him of being part of a Communist conspiracy to discredit local police departments. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judgment Notwithstanding The Verdict
In the United States, Judgment notwithstanding the verdict, also called judgment ''non obstante veredicto'', or JNOV, is a type of judgment as a matter of law that is sometimes rendered at the conclusion of a jury trial. In American state courts, JNOV is the practice whereby the presiding judge in a civil jury trial may overrule the decision of a jury and reverse or amend their verdict. In literal terms, the judge enters a judgment notwithstanding the jury verdict. The rarely granted intervention permits the judge to exercise discretion to avoid extreme and unreasonable jury decisions. In civil cases in U.S. federal court, the term was replaced in 1991 by the renewed judgment as a matter of law, which emphasizes its relationship to the judgment as a matter of law, formerly called a directed verdict.See Federal Rule of Civil Procedure 50, ''Notes of Advisory Committee on Rules—1991 Amendment'' (noting the replacement of motions for "directed verdict or for judgment notwithstan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury Instructions
Jury instructions, also known as charges or directions, are a set of legal guidelines given by a judge to a jury in a court of law. They are an important procedural step in a trial by jury, and as such are a cornerstone of criminal process in many common law countries. The purpose of instructions are to inform the jury about the legal principles and standards that they must apply in order to reach a verdict. This ensures that criminal trials are fair and lawful. They are typically delivered after closing arguments, but sometimes may be delivered mid-trial if necessary. In some cases, the instructions given by a judge to the jury are incorrect, which may (depending on the issue) result in a mistrial. Content of jury instructions Jury instructions often cover the following issues: *Introduction to the trial process: An overview of the trial process, the roles of the judge, jury, attorneys, and witnesses, and the importance of the jury's role in the legal system. *Explanation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affidavit
An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or ''deposition (law), deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or containing a verification, meaning it is made under oath on penalty of perjury. It serves as evidence for its veracity and is required in court proceedings. Definition An affidavit is typically defined as a written declaration or statement that is sworn or affirmed before a person who has authority to administer an oath. There is no general defined form for an affidavit, although for some proceedings an affidavit must satisfy legal or statutory requirements in order to be considered. An affidavit may include, * a ''commencement ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York Times Co
The New York Times Company is an American mass media corporation that publishes ''The New York Times'' and its associated publications such as ''The New York Times International Edition'' and other media properties. The New York Times Company's headquarters are in The New York Times Building, a skyscraper in Manhattan, New York City. History The company was founded by Henry Jarvis Raymond and George Jones in New York City. The first edition of the newspaper ''The New York Times'', published on September 18, 1851, stated: "We publish today the first issue of the New-York Daily Times, and we intend to issue it every morning (Sundays excepted) for an indefinite number of years to come." The company moved into the cable channel industry, purchasing a 40% interest in the Popcorn Channel, a theatrical movie preview and local movie times, in November 1994. In 1996, it expanded upon its broadcasting by purchasing Palmer Communications, owners of WHO-DT in Des Moines and KFOR in O ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Curtis Publishing Co
Curtis or Curtiss is a common English given name and surname of Anglo-Norman origin, deriving from the Old French ''curteis'' (Modern French">-4; we might wonder whether there's a point at which it's appropriate to talk of the beginnings of French, that is, when it wa ... ''curteis'' (Modern French ''courtois'') which was in turn derived from Latin ''cohors''. Nicknames include Curt, Curty and Curtie. The name means "polite, courteous, or well-bred". It is a compound of ''curt-'' "court" and ''-eis'' "-ish". The spelling ''u'' to render in Old French was mainly Anglo-Norman and Norman, when the spelling ''o'' was the usual Parisian French one, Modern French ''ou'' ''-eis'' is the Old French suffix for ''-ois'', Western French (including Anglo-Norman) keeps ''-eis'', simplified to ''-is'' in English. The word ''court'' shares the same etymology but retains a Modern French spelling, after the orthography had changed. It was brought to England (and subsequently, the rest of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Judgment
In law, a summary judgment, also referred to as judgment as a matter of law or summary disposition, is a Judgment (law), judgment entered by a court for one party and against another party summarily, i.e., without a full Trial (law), trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of success and there is no other compelling reason why the case or issue should be disposed of at a trial." In common-law systems, questions about what the law actually is in a particular case are decided by judges; in rare ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawyer
A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as well as the lawyer's area of practice. In many jurisdictions, the legal profession is divided into various branches — including barristers, solicitors, conveyancers, notaries, canon lawyer — who perform different tasks related to the law. Historically, the role of lawyers can be traced back to ancient civilizations such as Greece and Rome. In modern times, the practice of law includes activities such as representing clients in criminal or civil court, advising on business transactions, protecting intellectual property, and ensuring compliance with laws and regulations. Depending on the country, the education required to become a lawyer can range from completing an undergraduate law degree to undergoing postgraduate education and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pejorative
A pejorative word, phrase, slur, or derogatory term is a word or grammatical form expressing a negative or disrespectful connotation, a low opinion, or a lack of respect toward someone or something. It is also used to express criticism, hostility, or disregard. Sometimes, a term is regarded as pejorative in some social or ethnic groups but not in others or may be originally pejorative but later adopt a non-pejorative sense (or vice versa) in some or all contexts. Etymology The word ''pejorative'' is derived from a Late Latin past participle stem of ', meaning "to make worse", from ' "worse". Pejoration and melioration In historical linguistics, the process of an inoffensive word becoming pejorative is a form of semantic drift known as pejoration. An example of pejoration is the shift in meaning of the word '' silly'' from meaning that a person was happy and fortunate to meaning that they are foolish and unsophisticated. The process of pejoration can repeat itself around ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Front Organization
A front organization is any entity set up by and controlled by another organization, such as intelligence agencies, organized crime groups, terrorist organizations, secret societies, banned organizations, religious or political groups, advocacy groups, or corporations. Front organizations can act for the parent group without the actions being attributed to the parent group, thereby allowing them to hide certain activities from the authorities or the public. Front organizations that appear to be independent voluntary associations or charitable organizations are called front groups. In the business world, front organizations such as front companies or shell corporations are used to shield the parent company from legal liability. In international relations, a puppet state is a state which acts as a front (or surrogate) for another state. Intelligence agencies Intelligence agencies use front organizations to provide "cover", plausible occupations and means of income, for their ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dictatorship
A dictatorship is an autocratic form of government which is characterized by a leader, or a group of leaders, who hold governmental powers with few to no Limited government, limitations. Politics in a dictatorship are controlled by a dictator, and they are facilitated through an inner circle of elites that includes advisers, generals, and other high-ranking officials. The dictator maintains control by influencing and appeasing the inner circle and repressing any opposition, which may include rival political parties, armed resistance, or disloyal members of the dictator's inner circle. Dictatorships can be formed by a Coup d'état, military coup that overthrows the previous government through force or they can be formed by a self-coup in which elected leaders make their rule permanent. Dictatorships are Authoritarianism, authoritarian or Totalitarianism, totalitarian, and they can be classified as military dictatorships, One-party state, one-party dictatorships, personalist dictat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
