Injurious falsehood - Study guides, Class notes & Summaries

JOMC 486 Final Exam Notes Transformative-Use Test -When a work contains significant transformative elements it is worthy of First Amendment protection and is less likely to interfere with the interests protected by right of publicity -Determining whether a work is transformative involves examining five factors No-Real-Relationship Test -Central question is whether the use of the celebrity's persona is artistically relevant to the defendant's work -If so, the use is protected, so long a...

Chapter 03 - Tort Law True / False Questions 1. A person who commits a tort is called a tortfeasor. TRUE Blooms: Remember Learning Objective: 03-01 Define the concept of tort law. Topic: 03-01 What Is Tort Law? 2. Tort law is law related to wrongdoing by a business or individual. TRUE Blooms: Remember Learning Objective: 03-01 Define the concept of tort law. Topic: 03-01 What Is Tort Law? Chapter 03 Tort Law 3. A tort is an action committed by an individual or business that causes i...

In a lawsuit, the plaintiff is: Select one: a. the party that responds to a lawsuit. b. the supervisor of the jury. c. the party that initiates a lawsuit. d. a lawyer representing an organization - ANSWER c. the party that initiates a lawsuit. Insider trading is considered a form of: Select one: a. larceny. b. securities fraud. c. bribery. d. blackmail. - ANSWER b. securities fraud A lawyer's first duty is to: Select one: a. the administration of justice. b. his or her clie...

JOMC 486 Final Exam Notes Transformative-Use Test -When a work contains significant transformative elements it is worthy of First Amendment protection and is less likely to interfere with the interests protected by right of publicity -Determining whether a work is transformative involves examining five factors No-Real-Relationship Test -Central question is whether the use of the celebrity's persona is artistically relevant to the defendant's work -If so, the use is protected, so long a...

Injurious falsehood CORRECT ANSWER The publisher of a false and disparaging statement that harms the interests of another is liable for any resulting pecuniary loss if the publisher Intended to harm the other's interests OR recognized or should have recognized that it was likely to do so, AND Knew that the statement was false or acted in reckless disregard of its truth or falsity. Disparagement CORRECT ANSWER if it is understood to cast doubt upon the quality of another's land, products or...

First Amendment freedom of speech, press, assemble, petition, religion Pure speech public speech, writing a letter, publishing newspaper or book-- receives highest level of protection intermediate speech symbolic speech, advertising, broadcasting (some aspects) unprotected speech fighting words, libel, obscenity, threats, fraud strict scrutiny and seditious speech the use of the Brandenburg Test Brandenburg Test State may punish speech that is seditious o...

Part I Introduction to the law of delict This chapter serves as a general introduction to the law of delict. Topics dealt with are the nature of a delict and its place in the legal system; the distinction between this phenomenon and breach of contract and crime; the historical development of delictual liability; and the influence of the constitutional Bill of Rights on the law of delict. Chapter 1 General introduction 1 Delict: general nature and place in the legal system The...

These notes are on the topic of defamation in negligence. The notes contain general info, legislation and case-law on different factors of the offences such as: publication, what constitutes defamatory material, vulgar verbal abuse, interpretation of statements by the courts (false and true innuendos), identification, accidental/ innocent reference, class actions, political parties, local authorities, functions of the judge and jury, defence/ mitigation (justification/ truth, newspapers, politic...