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Zeran V. America Online, Inc.
''Zeran v. America Online, Inc.'', 129 F.3d 327 (4th Cir. 1997), The opinion of the Fourth Circuit is a case in which the United States Court of Appeals for the Fourth Circuit determined the immunity of Internet service providers for wrongs committed by their users under Section 230 of the Communications Decency Act. The statute states that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." The Fourth Circuit held that plaintiff Kenneth Zeran's claims of malfeasance by America Online were barred by the statute, holding that Section 230 "creates a federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service." In the words of the ''Zeran'' court: Facts On April 25, 1995, six days after the Oklahoma City bombing, a message was anonymously posted on the America Online (AOL ...
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United States Court Of Appeals For The Fourth Circuit
The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a United States federal court, federal court located in Richmond, Virginia, with appellate jurisdiction over the United States district court, district courts in the following United States federal judicial district, districts: *United States District Court for the District of Maryland, District of Maryland *United States District Court for the Eastern District of North Carolina, Eastern District of North Carolina *United States District Court for the Middle District of North Carolina, Middle District of North Carolina *United States District Court for the Western District of North Carolina, Western District of North Carolina *United States District Court for the District of South Carolina, District of South Carolina *United States District Court for the Eastern District of Virginia, Eastern District of Virginia *United States District Court for the Western District of Virginia, Western Dist ...
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Federal Bureau Of Investigation
The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement agency. An agency of the United States Department of Justice, the FBI is a member of the United States Intelligence Community, U.S. Intelligence Community and reports to both the United States Attorney General, attorney general and the Director of National Intelligence, director of national intelligence. A leading American counterterrorism, counterintelligence, and criminal investigative organization, the FBI has jurisdiction over violations of more than 200 categories of Federal crime in the United States, federal crimes. Although many of the FBI's functions are unique, its activities in support of national security are comparable to those of the British MI5 and National Crime Agency, NCA, the New Zealand Government Communications Security ...
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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 turn on questions of U.S. constitutional or 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." In 1803, the Court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case '' Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or statutory law. Under Article Three of the United States Constitution, the composition and procedures of the Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789. As it has si ...
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New York Supreme Court
The Supreme Court of the State of New York is the superior court in the Judiciary of New York. It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil jurisdiction, with most criminal matters handled in New York County Court, County Court. New York is the only state where ''supreme court'' is a trial court rather than a court of last resort (which in New York is the New York Court of Appeals, Court of Appeals). Also, although it is a trial court, the Supreme Court sits as a "single great tribunal of general state-wide jurisdiction, rather than an aggregation of separate courts sitting in the several counties or judicial districts of the state." The Supreme Court is established in each of List of counties in New York , New York's 62 counties. A separate branch of the Supreme Court called the New York Supreme Court, Appellate Division, Appellate Division serves as the highest intermediate ...
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Stratton Oakmont, Inc
Stratton may refer to: People * Stratton (surname) Places Australia * Stratton, Western Australia Canada * Stratton, Ontario England * Stratton, Cornwall * Stratton, Dorset * Stratton, Gloucestershire * Stratton-on-the-Fosse, Somerset * Stratton Hall, Suffolk * Stratton St Margaret, Wiltshire United States * Stratton, California, original name of Cuyamaca, California; also the former name of Stratford, California * Stratton, Colorado * Stratton, Maine * Stratton (Centreville, Maryland) * Stratton, Nebraska * Stratton, Ohio * Stratton, Vermont, New England town ** Stratton Mountain (Vermont), mountain in the town ** Stratton Mountain Resort, ski area on the mountain ** Stratton Mountain, Vermont, resort community at base of ski area * Stratton, Virginia * Stratton Lake, a lake in Minnesota Other uses * ''Stratton'' (film), a 2017 British film * Stratton (crater), a lunar crater * Stratton (company), an English manufacturer of powder compacts and other cosmetics-rela ...
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United States Congress
The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, U.S. House of Representatives, and an Upper house, upper body, the United States Senate, U.S. Senate. They both meet in the United States Capitol in Washington, D.C. Members of Congress are chosen through direct election, though vacancies in the Senate may be filled by a Governor (United States), governor's appointment. Congress has a total of 535 voting members, a figure which includes 100 United States senators, senators and 435 List of current members of the United States House of Representatives, representatives; the House of Representatives has 6 additional Non-voting members of the United States House of Representatives, non-voting members. The vice president of the United States, as President of the Senate, has a vote in the Senate ...
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Supremacy Clause
The Supremacy Clause of the Constitution of the United States ( Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers that are delegated to it by the Constitution. It is the responsibility of the United States Supreme Court in that case to exercise the power of judicial review: the ability to invalidate a s ...
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Defamation
Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions that are falsifiable, and can extend to concepts that are more abstract than reputationlike dignity and honour. In the English-speaking world, the law of defamation traditionally distinguishes between libel (written, printed, posted online, published in mass media) and slander (oral speech). It is treated as a civil wrong (tort, delict), as a criminal offence, or both. Defamation and related laws can encompass a variety of acts (from general defamation and insultas applicable to every citizen –‍ to specialized provisions covering specific entities and social structures): * Defamation against a legal person in general * Insult against a legal person in general * Acts against public officials * Acts against state instituti ...
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Legal Liability
In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both Civil law (common law), civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by Administrative law, government agencies. The Plaintiff, claimant is the one who seeks to establish, or prove, liability. Liability in business In commercial law, limited liability is a method of protection included in some business formations that shields its owners from certain types of liability and that amount a given owner will be liable for. A limited liability form separates the owner(s) from the business. The limited liability form essentially acts as a corporate veil that protects owners from liabilities of the business. This means that when a business is found liable in a case, the owners are not themselves liable; rather, the business is. Thus, only the funds or property the owner(s) have invested into the business are subje ...
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Negligence (law)
Negligence (Latin, Lat. ''negligentia'') is a failure to exercise appropriate care expected to be exercised in similar circumstances. Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act. The concept of negligence is linked to the obligation of individuals to exercise reasonable care in their actions and to consider foreseeable harm that their conduct might cause to other people or property. The elements of a negligence claim include the duty to act or refrain from action, breach of that duty, actual and proximate cause of harm, and damages. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. Elements of negligence claims To successfully pursue a claim of negligence through a lawsuit, a plaintiff must establish the "Element (crim ...
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Distribution (business)
Distribution is the process of making a product or service available for the consumer or business user who needs it, and a distributor is a business involved in the distribution stage of the value chain. Distribution can be done directly by the producer or service provider or by using indirect channels with distributors or intermediaries. Distribution (or place) is one of the four elements of the marketing mix: the other three elements being product, pricing, and promotion. Decisions about distribution need to be taken in line with a company's overall strategic vision and mission. Developing a coherent distribution plan is a central component of strategic planning. At the strategic level, as well as deciding whether to distribute directly or via a distribution network, there are three broad approaches to distribution, namely mass, selective and exclusive distribution. The number and type of intermediaries selected largely depends on the strategic approach. The overall distr ...
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