Law Test One notes - Law Test One notes The Smoking Gun...

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Law Test One notes The Smoking Gun Roger Clemens sues accuser Mitchell Convention o Looked at steroid use in MLB Roger Clemens: public figures, makes a living in the public eye o Reduced protection for their reputation virtually impossible to win defamation suit o 5% odds of winning, $.5-1 million The legal systems is designed to protect liars like Mcnamee BALCO Depose: opposing side asks plaintiff questions Suspected of a crime means you are guilty in the court of law False statements are those of fact rather than opinion Opinion cannot form defamation no fixed facts Clemens must show fact in statement without ambiguity Reputation: the way other s perceive you Economic harm must be proven Defamation suits are won/lost in discovery process Summary Judgment Motion: No need for trial because of evidence found in discovery process. Must prove o False Statements are factual o Statements are about prosecutor o Statements infer economic tribulations o McNamee knew statements were false: Actual Malice Clemens v. McNamee Subject matter jurisdiction o Amount in controversy exceeds minimal jurisdiction limits Court has specific personal jurisdiction over Mcnamee Mcnamee originally made allegations to authorities after being threatened with prosecution Constitution: Establishing powers/structures of government
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Article 1: is there power to regulate freedom of press? Amendment Proposal approved by 2/3 both houses ¾ States 2/3 of states ask for constitutional convention approved by ¾ of states Bypass executive branch Article 1 Section 8 Congressional Powers o No regulation of press (done by commerce) Federal power to regulate licenses and content Article 2: Electoral College/ Executive Branch Section 2: power of President o Instantaneous communication leave troops in peril journalists/ reporters are imbedded with troupes by president o Control of what is disseminated o Pres. Does not have power to legislate Cant tax only congressional power Article 3: Judicial Branch Supreme Courts Look at federal and state judicial systems Bill of Rights Political Process o 9 th Amendment: must not be in constitution to be a right o Creation of a government doesn’t deny rights inherently deserved— enumeration Doesn’t require that we surrender a right Natural Rights theory: our creator endows us as humans Federalist Papers: “Freedom of press is important” No law shall be passed to curtail or restrain the freedom of speech or of the press. Every person may speak, write and publish sentiments on all subjects but shall be responsible for the abuse of that liberty. GA Constitution How would a court define/distinguish Freedom of Expression is a fundamental right without being Constitutional? Natural Rights: not a behavior that requires the consent of others
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This note was uploaded on 03/24/2008 for the course JRLC 5040 taught by Professor Lee during the Spring '08 term at University of Georgia Athens.

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Law Test One notes - Law Test One notes The Smoking Gun...

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