Carol Burnett V. National Enquirer, Inc.
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Carol Burnett V. National Enquirer, Inc.
''Carol Burnett v. National Enquirer, Inc.'' was a decision by the California Court of Appeal, which ruled that the "actual malice" required under California law for imposition of punitive damages is distinct from the "actual malice" required by ''New York Times Co. v. Sullivan'' to be liable for defaming a "public figure", and that the ''National Enquirer'' is not a "newspaper" for the purposes of California libel law. In 1976, the leading U.S. gossip tabloid, the ''National Enquirer,'' published a brief column incorrectly implying that actress-comedienne Carol Burnett had been drunk and boisterous in a nightclub encounter with U.S. Secretary of State Henry Kissinger. Burnett, a passionate campaigner against alcoholism, sued the ''National Enquirer'' for libel, persistently, over several years, ultimately settling out-of-court for a reported $200,000. Though offering no witnesses to its defense, initially, the ''Enquirer'' argued that it was exempt from liability on legal grounds ...
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Court Of Appeals Of California
The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided along county lines into six appellate districts.California Government Code Sections 69100-69107
The Courts of Appeal form the largest state-level intermediate appellate court system in the United States, with 106 justices.


Jurisdiction and responsibility

The decisions of the Courts of Appeal are binding on the
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The Washington Post
''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large national audience. Daily broadsheet editions are printed for D.C., Maryland, and Virginia. The ''Post'' was founded in 1877. In its early years, it went through several owners and struggled both financially and editorially. Financier Eugene Meyer purchased it out of bankruptcy in 1933 and revived its health and reputation, work continued by his successors Katharine and Phil Graham (Meyer's daughter and son-in-law), who bought out several rival publications. The ''Post'' 1971 printing of the Pentagon Papers helped spur opposition to the Vietnam War. Subsequently, in the best-known episode in the newspaper's history, reporters Bob Woodward and Carl Bernstein led the American press's investigation into what became known as the Watergate scandal ...
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California State Case Law
California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the most populated subnational entity in North America and the 34th most populous in the world. The Greater Los Angeles area and the San Francisco Bay Area are the nation's second and fifth most populous urban regions respectively, with the former having more than 18.7million residents and the latter having over 9.6million. Sacramento is the state's capital, while Los Angeles is the most populous city in the state and the second most populous city in the country. San Francisco is the second most densely populated major city in the country. Los Angeles County is the country's most populous, while San Bernardino County is the largest county by area in the country. California borders Oregon to the north, Nevada and Arizona to the east, the Mex ...
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1983 In United States Case Law
The year 1983 saw both the official beginning of the Internet and the first mobile cellular telephone call. Events January * January 1 – The migration of the ARPANET to TCP/IP is officially completed (this is considered to be the beginning of the true Internet). * January 24 – Twenty-five members of the Red Brigades are sentenced to life imprisonment for the 1978 murder of Italian politician Aldo Moro. * January 25 ** High-ranking Nazi war criminal Klaus Barbie is arrested in Bolivia. ** IRAS is launched from Vandenberg AFB, to conduct the world's first all-sky infrared survey from space. February * February 2 – Giovanni Vigliotto goes on trial on charges of polygamy involving 105 women. * February 3 – Prime Minister of Australia Malcolm Fraser is granted a double dissolution of both houses of parliament, for elections on March 5, 1983. As Fraser is being granted the dissolution, Bill Hayden resigns as leader of the Australian Labor Party, and in the subsequent lead ...
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United States Defamation Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Johnny Carson
John William Carson (October 23, 1925 – January 23, 2005) was an American television host, comedian, writer and producer. He is best known as the host of ''The Tonight Show Starring Johnny Carson'' (1962–1992). Carson received six Primetime Emmy Awards, the Television Academy's 1980 Governor's Award and a 1985 Peabody Award. He was inducted into the Television Academy Hall of Fame in 1987. Carson was awarded the Presidential Medal of Freedom in 1992 and received a Kennedy Center Honor in 1993.Johnny CarsonEncyclopædia Britannica Online (2009). In Encyclopædia Britannica. Retrieved July 30, 2009. During World War II, Carson served in the Navy. After the war, Carson started a career in radio. He moved from radio to TV and followed Jack Paar as the host of the late night talk show, ''Tonight''. Although his show was already successful by the end of the 1960s, during the 1970s, Carson became an American icon and remained so even after his retirement in 1992. He adopt ...
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Compensatory Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the wer ...
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Drunk
Alcohol intoxication, also known as alcohol poisoning, commonly described as drunkenness or inebriation, is the negative behavior and physical effects caused by a recent consumption of alcohol. In addition to the toxicity of ethanol, the main psychoactive component of alcoholic beverages, other physiological symptoms may arise from the activity of acetaldehyde, a metabolite of alcohol. These effects may not arise until hours after ingestion and may contribute to the condition colloquially known as a hangover. Symptoms of intoxication at lower doses may include mild sedation and poor coordination. At higher doses, there may be slurred speech, trouble walking, and vomiting. Extreme doses may result in a respiratory depression, coma, or death. Complications may include seizures, aspiration pneumonia, injuries including suicide, and low blood sugar. Alcohol intoxication can lead to alcohol-related crime with perpetrators more likely to be intoxicated than victims. Alcohol intoxica ...
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Public Figure
A public figure is a person who has achieved notoriety, prominence or fame within a society, whether through achievement, luck, action, or in some cases through no purposeful action of their own, In the context of defamation actions (libel and slander) as well as invasion of privacy, a public figure cannot succeed in a lawsuit on incorrect harmful statements in the United States unless there is proof that the writer or publisher acted with actual malice by knowing the falsity or by reckless disregard for the truth. The legal burden of proof in defamation actions is thus higher in the case of a public figure than in the case of an ordinary person. Libel laws vary considerably on this matter from jurisdiction to jurisdiction. Even within a cultural grouping, the libel laws of the UK are quite different from those in the US, for example. United States The controlling precedent in the United States was set in 1964 by the United States Supreme Court in ''New York Times Co. v. Sulliv ...
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Los Angeles Superior Court
The Superior Court of California, County of Los Angeles, is the California superior court with jurisdiction over Los Angeles County, which includes the city of Los Angeles. It is the largest single unified trial court in the United States. The Los Angeles Superior Court operates 38 courthouses throughout the county, including the Stanley Mosk Courthouse at the Los Angeles Civic Center. , the Presiding Judge is Samantha P. Jessner. Sherri R. Carter is the Executive Officer/Clerk of Court. With 5,400 employees and an annual budget of $769.5 million, the superior court operates nearly 600 courtrooms throughout the county.''A look at your Superior Court'', published by Los Angeles Superior Court History Stanley Mosk Courthouse in 1983 When California declared its statehood in 1849 and became a part of the United States, the first California Constitution authorized the legislature to establish municipal and such other courts as it deemed necessary. The 1851 California Judiciary Ac ...
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Retraction In Academic Publishing
In academic publishing, a retraction is the action by which a published paper in an academic journal is removed from the journal. Procedure A retraction may be initiated by the editors of a journal, or by the author(s) of the papers (or their institution). Retractions are typically accompanied by a retraction notice written by the editors or authors explaining the reason for the retraction. Such notices may also include a note from the authors with apologies for the previous error and/or expressions of gratitude to persons who disclosed the error to the author. A lesser withdrawal of content than a full retraction may be labelled a correction. There have been numerous examples of retracted scientific publications. Retraction Watch provides updates on new retractions, and discusses general issues in relation to retractions. History A 2011 paper in the ''Journal of Medical Ethics'' attempted to quantify retraction rates in PubMed over time to determine if the rate was increa ...
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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 ...
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