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Anderson V. Liberty Lobby, Inc.
''Anderson v. Liberty Lobby, Inc.'', 477 U.S. 242 (1986), is a United States Supreme Court case articulating the standard for a trial court to grant summary judgment. Summary judgment will lie when, taking all factual inferences in the non-movant's favor, there exists no genuine issue as to a material fact and the movant deserves judgment as a matter of law. Because courts almost always cite ''Liberty Lobby'' in their opinions for the standard regarding motions for summary judgment, ''Liberty Lobby'' is the most cited Supreme Court case. Background ''The Investigator'', an investigative news magazine, published three articles about the Liberty Lobby, calling the organization and its founder Willis Carto antisemitic, racist and Fascist. Liberty Lobby and Carto sued Investigator Publishing and its publisher, journalist Jack Anderson for libel. The defendants moved for summary judgment under the standard set by ''New York Times Co. v. Sullivan'', which requires a plaintiff to prove wi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Civil Procedure
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has seven months to veto the rules promulgated or they become part of the FRCP. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body. Although federal courts are required to apply the substantive law of the states as rules of decision in cases where state law is in question, the federal courts almost always use the FRCP as their rules of civil procedure. States may determine their own rules, which apply in state courts, although 35 of the 50 states have adopted rules that are based on the FRCP. History The Rules, established in 1938, replaced the earlier procedures und ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Judgment
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ... 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 suc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Liberty Lobby
Liberty Lobby was a far-right think tank and lobby group founded in 1958 by Willis Carto. Carto was known for his promotion of antisemitic conspiracy theories, white nationalism, and Holocaust denial. The organization produced a daily five-minute radio show called ''This is Liberty Lobby'', which was broadcast on the Mutual Broadcasting System and other radio stations. At the conclusion of each show, listeners were invited to get a copy of its "America First" pamphlet. History Liberty Lobby described itself as "a pressure group for patriotism; the only lobby in Washington, D.C., registered with Congress which is wholly dedicated to the advancement of government policies based on our Constitution and conservative principles." According to Chip Berlet, Liberty Lobby presented itself as "a patriotic populist organization seeking to restore constitutional safeguards and national sovereignty" and said that it "consistently eniedthat it asthe least bit antisemitic, much less neof ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Willis Carto
Willis Allison Carto (July 17, 1926 – October 26, 2015) was an American far-right political activist. He described himself as a Jeffersonian and a populist, but was primarily known for his promotion of antisemitic conspiracy theories and Holocaust denial. Carto was known for the Liberty Lobby and successor racial extremist organizations which he helped create. Carto ran a group supporting segregationist George Wallace's 1968 presidential campaign and reorganized the group into the National Youth Alliance, which promoted Francis Parker Yockey's ideology. Carto helped found the Populist Party, which served as an electoral vehicle for white supremacist group and Ku Klux Klan members, such as David Duke in the 1988 presidential election and Christian Identity supporter Bo Gritz in 1992. Carto ran the ''American Free Press'' newspaper which publishes anti-semitic and racist books and features columns by Joe Sobran, James Traficant, Paul Craig Roberts, and others. The organi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jack Anderson (columnist)
Jack Northman Anderson (October 19, 1922 – December 17, 2005) was an American newspaper columnist, syndicated by United Features Syndicate, considered one of the founders of modern investigative journalism. Anderson won the 1972 Pulitzer Prize for National Reporting for his investigation on secret U.S. policy decision-making between the United States and Pakistan during the Indo-Pakistani War of 1971. In addition to his newspaper career, Anderson also had a national radio show on the Mutual Broadcasting System, acted as Washington bureau chief of ''Parade'' magazine, and was a commentator on ABC-TV's ''Good Morning America'' for nine years. Among the exposés Anderson reported were the Nixon administration's investigation and harassment of John Lennon during its fight to deport Lennon; the continuing activities of fugitive Nazi officials in South America; and the savings and loan crisis. He revealed the history of a CIA plot to assassinate Fidel Castro and was credited for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Libel
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) Histo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York Times Co
The New York Times Company is an American mass media company that publishes ''The New York Times''. Its headquarters are 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 Oklahoma City. The company completed its purchase of ''The Washington Post'' 50 percent interest in the ''International Herald Tribune'' (''IHT'') for US$65 million on January 1, 2003, becom ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clear And Convincing Evidence
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actual Malice
Actual malice in United States law is a legal requirement imposed upon public officials or public figures when they file suit for libel (defamatory printed communications). Compared to other individuals who are less well known to the general public, public officials and public figures are held to a higher standard for what they must prove before they may succeed in a defamation lawsuit. History This term was adopted by the Supreme Court in its landmark 1964 ruling in ''New York Times Co. v. Sullivan'', in which the Warren Court held that: Although defined within the context of a media defendant, the rule requiring proof of actual malice applies to all defendants including individuals. The standard can make it very difficult to prevail in a defamation case, even when allegations made against a public figure are unfair or are proved to be false. Rather than being newly invented for the case, the term was a term from existing libel law. In many jurisdictions, proof of "actual malice ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Celotex Corp
Celotex Corporation is a defunct American manufacturer of insulation and construction materials. It was the subject of a number of high-profile lawsuits over products containing asbestos in the 1980s, eventually declaring Chapter 11 bankruptcy in 1990. The company was founded in 1920 in Chicago, Illinois as a subsidiary of Philip Carey Corporation, to manufacture its namesake product Celotex insulation board, often called simply ''Celotex''. Celotex is a fiberboard made from bagasse (sugar cane waste after extraction of the juice), first produced in a factory in Marrero, Louisiana, outside of New Orleans. In 1932, Celotex Corporation was spun off as an independent company. In 1961, Jim Walter Corporation, a homebuilding company, acquired Celotex, moving the headquarters to Tampa, Florida in 1965. Celotex moved again, to Saint Petersburg, Florida, in 2001. Celotex Asbestos Settlement Trust Celotex emerged from Chapter 11 in 1996. A $1.2 billion settlement trust was establishe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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