Milkovich V. Lorain Journal Co.
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Milkovich V. Lorain Journal Co.
''Milkovich v. Lorain Journal Co.'', 497 U.S. 1 (1990), was a United States Supreme Court case that rejected the argument that a separate opinion privilege existed against libel. It was seen by legal commentators as the end of an era that began with ''New York Times Co. v. Sullivan'' and continued with ''Gertz v. Robert Welch, Inc.'', in which the court clarified and greatly expanded the range and scope of what could be said in the press without fear of litigation. The case took a long time to come before the court, which twice declined to hear it. When it finally did, the justices suggested they would clarify once and for all the extent to which opinions could be expressed without fear of being held libellous. The actual decision, however, was regarded as having confused the issue somewhat instead. Several state courts have responded by recognizing an opinion privilege in some way as part of their state constitution. Background of the case On February 8, 1974, a key high school ...
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Directed Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales, a coroner's findings used to be called verdicts but are, since 2009, called conclusions (see ). Etymology The term "verdict", from the Latin ''veredictum'', literally means "to say the truth" and is derived from Middle English ''verdit'', from Anglo-Norman: a compound of ''ver'' ("true", from the Latin ''vērus'') and ''dit'' ("speech", from the Latin ''dictum'', the neuter past participle of ''dīcere'', to say). Criminal law In a criminal case, the verdict, which may be either "not guilty" or "guilty"—except in Scotland where the verdict of "not proven" is also available—is handed down by the jury. Different counts in the same case may have different verdicts. A verdict of guilty in a criminal case is generally followed by a ...
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Coach (sport)
A sports coach is a person coaching in sport, involved in the direction, instruction and training of a sports team or athlete. History The original sense of the word ''coach'' is that of a horse-drawn carriage, deriving ultimately from the Hungarian city of Kocs where such vehicles were first made. Students at the University of Oxford in the early nineteenth century used the slang word to refer to a private tutor who would drive a less able student through his examinations just like horse driving. Britain took the lead in upgrading the status of sports in the 19th century. For sports to become professionalized, "coacher" had to become established. It gradually professionalized in the Victorian era and the role was well established by 1914. In the First World War, military units sought out the coaches to supervise physical conditioning and develop morale-building teams. Effectiveness John Wooden had a philosophy of coaching that encouraged planning, organization, and unders ...
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Perjury
Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an instance of a person’s deliberately making material false or misleading statements while under oath. – Also termed false swearing; false oath; (archaically forswearing." Like most other crimes in the common law system, to be convicted of perjury one must have had the ''intention'' (''mens rea'') to commit the act and to have ''actually committed'' the act (''actus reus''). Further, statements that ''are facts'' cannot be considered perjury, even if they might arguably constitute an omission, and it is not perjury to lie about matters that are immaterial to the legal proceeding. Statements that entail an ''interpretation'' of fact are not perjury because people often draw inaccurate conclusions unwittingly or make honest mistakes without ...
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Defamation
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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The News-Herald (Ohio)
''The News-Herald'' is a newspaper distributed in the northeastern portion of Greater Cleveland, Ohio, United States, serving Lake and Geauga Counties as well as a section of eastern Cuyahoga County. History The ''News-Herald'' began as the ''Willoughby Independent'' on April 18, 1879, was renamed ''Willoughby Republican'' in 1920, and became the ''Lake County News-Herald of big strebnasty'' in 1935. Its offices moved from downtown Willoughby to 38879 Mentor Avenue (U.S. Route 20) in 1950, then to its current location, 7085 Mentor Avenue, adjacent to Mentor, after 1973. The ''News-Herald'' purchased the ''Lake County Telegraph'' of nearby Painesville Painesville is a city in and the county seat of Lake County, Ohio, United States, located along the Grand River northeast of Cleveland. Its population was 19,563 at the 2010 census. Painesville is the home of Lake Erie College, Morley Libra ..., formerly the ''Painesville Telegraph'', which was founded by Eber D. Howe, ...
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Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); '' Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. D ...
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Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. Law In the law, testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. To be admissible in court and for maximum reliability and validity, written testimony is usually witnessed by one or more persons who swear or affirm its authenticity, also under penalty of perjury. Unless a witness is testifying as an expert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony. Legitimate expert witnesses w ...
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Superintendent (education)
In the American education system, a superintendent or superintendent of schools is an administrator or manager in charge of a number of public schools or a school district, a local government body overseeing public schools. All school principals in a respective school district report to the superintendent. The role and powers of the superintendent vary among areas. According to Sharp and Walter, a popularly held opinion is that "the most important role of the board of education is to hire its superintendent." History The first education laws in the United States were enacted in the colonial era, when various New England colonies passed ordinances directing towns "to choose men to manage the important affairs of learning, such as deciding local taxes, hiring teachers, setting wages, and determining the length of the school year." The persons responsible were frequently selectmen who had additional government responsibilities. Boston established America's first permanent schoo ...
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School District
A school district is a special-purpose district that operates local public primary and secondary schools in various nations. North America United States In the U.S, most K–12 public schools function as units of local school districts, which usually operate several schools, and the largest urban and suburban districts operate hundreds of schools. While practice varies significantly by state (and in some cases, within a state), most American school districts operate as independent local governmental units under a grant of authority and within geographic limits created by state law. The executive and legislative power over locally controlled policies and operations of an independent school district are, in most cases, held by a school district's board of education. Depending on state law, members of a local board of education (often referred to informally as a school board) may be elected, appointed by a political office holder, serve ex officio, or a combination of any of ...
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Due Process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. The term is not used in contemporary English law, but t ...
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Petitioner
{{Unreferenced, date=December 2009 A petitioner is a person who pleads with governmental institution for a legal remedy or a redress of grievances, through use of a petition. In the courts The petitioner may seek a legal remedy if the state or another private person has acted unlawfully. In this case, the petitioner, often called a plaintiff, will submit a plea to a court to resolve the dispute. To the government On the other hand, the petitioner may be complaining against the law it to "... make no law... abridging... the right of the people peaceably to assemble, and to petition the government for redress of grievances". A petitioner need not seek a change to an existing law. Often, petitioners speak against (or in support of) legislative proposals as these progress. The Whig party A group of 17th century English politicians became known as Petitioners, due to their support of the Exclusion Bill, a bill which would prevent the succession to the throne of the Catholic James, Du ...
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Franklin County, Ohio
Franklin County is a county in the U.S. state of Ohio. As of the 2020 census, the population was 1,323,807, making it the most populous county in Ohio. Most of its land area is taken up by its county seat, Columbus, the state capital and most populous city in Ohio. The county was established on April 30, 1803, less than two months after Ohio became a state, and was named after Benjamin Franklin. Franklin County originally extended north to Lake Erie before being subdivided into smaller counties. Franklin County is the central county of the Columbus, Ohio Metropolitan Statistical Area. Franklin County, particularly Columbus, has been a centerpiece for presidential and congressional politics, most notably the 2000 presidential election, the 2004 presidential election, and the 2006 midterm elections. Franklin County is home to one of the largest universities in the United States, Ohio State University, which has about 60,000 students on its main Columbus campus. It shares a ...
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