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-Not absolute
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-Varied levels of protection for different types of speech.
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-Pure
Written or spoken word
-Symbolic
Intend to send a particular message
Likely to be understood by audience
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-Content Based
What is said is restricted
-Content Neutral
Speech restricted without regard to content
TIME, PLACE and MANNER restrictions
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Words which by their very utterance inflict injury or tend to incite an immediate breach of the peace. |
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Fighting Words & Hate Words |
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Obscene speech is unprotected and may even result in criminal penalties |
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Who was the first to face charges relating to album content? |
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Jello Biafra, the lead singer of the Dead Kennedys. |
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Parents’ Music Resource Center |
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Parents’ Music Resource Center |
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Formed in 1985 by Tipper Gore and three other "Washington Wives" |
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Material is indecent if, in context, it depicts or describes sexual or excretory organs or activities in terms patently offensive as measured by contemporary community standards. |
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-The hours between 10pm and 6am have been designated a "safe harbor"
-During this time, a radio station may broadcast indecent or profane material
-Safe Harbor NEVER applies to obscene material
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-Administrative body which reports to Congress
-Regulates interstate and international communication by radio, wire, television, satellite and cable
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-Civil Penalty
Revoke or deny reissue of licneses
Fine of up to $350,000
-Criminal Penalty
Fine and/or up to 2 years imprisonment
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First Amendment Protections |
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-Freedom of speech comes into play in civil suits as well
-Limits claims of International Infliction of Emotional Distress
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-Private Persons
Publication of a false statement of fact which harms their reputation
-Public Figures
Knowledge that the statement was fasle; or
reckless disregard for the truth
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Content Neutral Restrictions |
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-Speech regulated without regard to content
TIME, PLACE or MANNER restrictions
-Valid so long as:
Gov’t has a legitamte, content neutral interest; and
means are no broader than necessary
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-One person who begins doing business
-Personally liable for all actions of the company
-Independent Contractor- 1099 forms for taxes
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-Two or more people engaged in business
-Without an agreement- equal share of responsibility, profit and debt
-With an agreement- share determined by the terms of the agreement
-1065 Form for taxes, partners receive a K-I to show their share of the profits or losses
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What should a Company Agreement cover? |
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-Ownership of assets (physical and intellectual property)
-Rights within the company (hire, fire, sign contracts, etc.)
-Dictates what happens in the event of dissolution, death or incapacity
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Limited Partnership
(General Partners)
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Run the business, personally responsible for liabilities. |
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Limited Partnership
(Limited Partners)
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Invest in comapny, but have little or no control over the business. If they exercise control, they automatically become general partners. |
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Limited Liability Company |
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-Easy to form- file with the Secretary of State
-Owners are ;Members,; and all have limited liability
-File 1065 form and K-I forms
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-Complicated to form and maintain
-Owners are stockholders
_run by the Board of Directors, who are voted in by stockholders
-Limited liability for executives, no liability for stockholders
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-;Small; corporation
-Owners are shareholders- maximum 100 in FL
-Limited liability for executives, no liability for shareholders
_more requirements than an LLC, but less than a C-Corp
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-Formed by talent to employ their services
-Corporations loan talent services to other companies
-Payment made to loanout company
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Regarded as acting for the borrowing master, lending master not liable for servant’s acts. |
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A civil wrong for which one may be held liable |
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Failure to do what what the reasonable person would do. |
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A civil wrong resulting from an intentional act.
It is the act that is intentional, not the harm
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Putting a person in fear of imminent bodily harm |
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An intentional and harmful touching of another’s person without consent |
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Intentionally confining a person against their will, leaving no reasonable escape and lacking in legal authority |
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Entering onto another person’s property without consent or privilege |
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Interfering with or temorarily depriving another of their property, and causing little or no damage to such property |
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A prolonged or permanent interference with another’s property which seriously deprives them of the value of the property |
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-Knowing misrepresentation
-Intent to defraud
-Justifiable reliance
-Damages
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Must act in the best interest of another
Arises automatically
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Once and act has been ratified, the employer may not escape liability by denying the agency relationship. |
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Purpose fo Antitrust laws |
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To protect the economy and ensure competition
-Prevent restarints on trade
-Prevent monopolies
The purpose is to protect COMPETITION, not consumers
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Why does market place competition need protection? |
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Stimulates innovation ; efficient methods of protection |
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Where do antitrust laws apply? |
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The antitrust laws apply to virtually all industries and to every level of business. |
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Unreasonable restraints on trade
Monopolization of entire industries
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Outlawed mergers that lesson competition |
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1. Intent to control prices or destroy competition
2. Predatory or anticompetitive conduct
3. ;dangerous probability of success; in achieving monopoly
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Agree not to sell competing products or services |
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Product sold only with another product |
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Requires licensee to turn over any improvements made to a technology they licensed |
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Competitiors agree to set the same price |
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Customer Allocation Agreement |
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Divide up customers to reduce or eliminate competition (by geographic area or otherwise) |
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Conspiring to affect the outcome of bidding |
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The Telecommunications Act of 1996 |
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Big companies were allowed to buy TV and radio stations nationwide. |
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The act of bribing radio stations in exchange for increased airplay of certain artists or songs. |
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Not illegal so long as listeners are told about the arrangement |
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Best Alternative To Negotiated Agreement |
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Produce a wise agreement
Improve the relationship
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Meets legitimate interests
Resolves conflict fairly
Durable
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A better way of reaching a wise agreemnt |
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Spend 80% of the time listening and 20% talking |
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Elements of a valid contract |
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1. Unambiguous
2. Consideration
3. Capacity: Age, Mental Ability, Authority
4. No illegal Acts
5. Mutual Agreement
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Most are valid, but often unwise |
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This covers areas which have been traditionally subject to fraud |
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6 rules for Statute of Frauds |
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1.Cannot be performed within one year
2. Concerning interest in realty
3. In consideration of marriage
4. Assuming the debt of another
5. Sales of goods over $500
6. Assignment of copyright
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-Offeror is the master of the bargain
-May require acceptance to take a certain form
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Acceptance is effective (and offer cannot be withdrawn) once it has been mailed. This may be negated by the terms of the offer. |
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Acceptance: Mirror Image Rule |
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Acceptance must be unconditional and must not change, add to, or qualify the terms of the offer.
Otherwise its a counter offer
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Varies the terms of the original offer |
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DO NOT EXIST
Used to assure and coax
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Meaningless
Each sentence is interactive with every other
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A preliminary statement in a contract explaining who the parties are, the background of the transaction, or showing particular facts why entering into contract |
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Attached to an agreement for live performance |
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-Right to control and dispose of property
-The legal link between the person who owns the property and the property itself.
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An express or implied promise that something is guaranteed |
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Certain warrnanties are implied by law and need not be stated to be binding |
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-Disclaimers of implied warrnaties must STAND OUT from the rest of the text
-Larger font, different color and/or set apart from the rest of the text
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Indmenity (aka, Hold Harmless) |
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A duty to make good any loss, damage, or liability incurred by another |
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A future and uncertain event on which the existence or extent of an obligation or liability depends |
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A trigger; something must happen BEFORE other obligations will arise |
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Something which will cause the contract to prematurely be brought to an end without liability of either party |
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A formal agreement or promise |
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Promise that one will not engage in competitive employment or conduct during or after a term of employment |
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Clause which states that the party promised this status will receive as good of a deal as anyone else |
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A privilege that one party may or may not choose to exercise |
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Subject of contract may be destroyed, damaged, or die |
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States that if any part of the contract becomes invalid due to a change in the law, the rest of the contract will remain valid and enforceable |
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Failure by a party to adhere to the promises set forth in the contract without justification or excuse |
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A failure so severe that it threatens the value of the whole contract |
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Violation of an unimportant term or violates the contract ina minor way |
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A party expressly and unequivocally states that it will not perform a contractual duty |
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