Hosted
by
Dr. William J. Frey
Capacity
Responsibility
Criminal
Responsibility
Civil
Responsibility
OSP
Responsibility
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400
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What is compulsion?
The production in an individual
of a state of mind or body contrary to the actual will.
Row 1, Col 1
What is mens rea?
A guilty state of mind.
1,2
What is negligence?
Liability based on failure
to exercise due care.
1,3
What is the OSP as publisher?
Under this analogy, an OSP must
answer for the content published
through its portal.
1,4
What are self-sameness, moral sense, and
ownership?
Bradley’s three conditions of
imputability.
2,1
What is actus reus?
A guilty action.
2,2
What is recklessness?
This liability is based on taking and
imposing on others undue risk.
2,3
What is the OSP as distributor
model?
Under this model, the OSP must
remove objectionable material
in a timely manner.
2,4
When is an appeal to compulsion a legitimate moral
excuse?
Acting both under compulsion
and because of compulsion.
3,1
What is beyond a reasonable
doubt?
The burden of proof in a criminal
proceeding or trial.
3,2
What is tort?
This Latin term stands for wrongful
injury
3,3
What is the OSP as common carrier
model?
Under this model, the OSP must
filter out objectionable content
at the point of entry into its
portal.
3,4
When is an appeal to ignorance a legitimate excuse?
Acting both under ignorance
and because of ignorance.
4,1
What is the ability to appreciate the moral
and legal qualities of one’s action?
Those who are insane lack this
cognitive capacity.
4,2
What is preponderance of
evidence?
This is the burden of proof in a
civil proceeding or trial.
4,3
What is an invasion of privacy?
Two Google officials were found
guilty of this in Italian courts.
4,4
What is an excuse that gets us off the moral hook for
something we have done?
To successfully deny a condition
of capacity responsibility is to
validate this.
5,1
What are corporations?
Criminal law has trouble with these legal
persons because they have no body to kick
or soul to damn.
5,2
What are punitive damages?
This type of penalty or fine
represents an invasion of civil law
by criminal law
5,3
What is Google’s Content ID tool”?
Movie companies use this
to find content illegally posted
in YouTube.
5,4