Chapter 1 Public Communication And The Law

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common law

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The body of law developed from custom and tradition as recognized by judicial decisions. Common law is largely based on previous decisions.

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equity

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A source of law that allows courts to fashion remedies appropiate to the case at hand. The law of equity enables courts to provide legal remedies other than money damages.

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statutory law

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The law made by statutes passed by legislative bodies.

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preempt

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The judicial principle asserting supremacy of the federal over state legislation on the same subject.

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adminstrative law

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Rules and decisions of administrative agencies such as the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC).

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rule making

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A formal process of making administrative law used by such agencies as the Federal Communications Commission and the Federal Trade Commission. An agency must publish a proposed rule in the Federal Register and review comments. The rule as finally adopted must also be published.

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adjucate

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To settle a matter.

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precedents

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An established rule of law set by a previous court opinion. A precedent for an individual case is the authority relied on for the disposition of the case. The precedent usually comes from a case involving similar facts and raising similar issues as the case at hand.

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stare decisis

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The foundation of common law, the doctrine that judges should rely on precedent when deciding cases in similar factual situations.

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litigant

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A party in a lawsuit; a participant in litigation.

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appellate court

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A court that reviews the actions of a lower court after an appeal by one of the parties in a case. Appellate courts sonsider only errors of law or legal procedure and do not reevaluate the factors of a case.

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jurisdiction

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The authority of a court. A court has jurisdiction over a person when that person must obey the orders of the court. A court has jurisdiction over the subject matter when constitutions or statutes give the court power to decide cases relating to the subject.

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original jurisdiction

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A court of original jurisdiction is the first court to decide a case, rather than a court hearing a case on appeal.

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appeal

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Asking a higher court to review a lower court's decision.

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remand

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When an appellate court sends a case back to the lower court, directing the lower court to decide the case consistent with the higher court's opinion.

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en banc

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A French term used when all of the judges of the appellate court decide a case. More typically, a single judge or a small number of judges, called a panel, decide a case.

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certiorari

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The name of a writ case asking the U.S. Supreme Court to review a case. If the writ is granted, the Court will order the lower court to provide the record of the case for review.

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concurring opinion

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An opinion written by an appellate court judge stating why the judge agreed with the other judges.

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dissenting opinion

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An appellate judge's opinion explaining the judge's disagreement with the court majority's decision.

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plurality

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With reference to the U.S. Supreme Court, the opinion that is supported by more justices than any other opinion in a single case but not supported by a majority of the justices.

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subpoena

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A court document requiring a person to appear in court and testify at a given time and place.

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petitioner

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A person who petitions a court to take action, including the initiation of a civil suit or the initiation of an appeal.

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respondent

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An appellee, a party opposing the grant of a petition before a court.

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probable cause

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A legal standard used by judges, police officers, and grand juries to determine whether there are reasonable grounds for believing that a person committed a crime.

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indictment

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An accusation issued by a grand jury that charges an individual with a crime and requires that person stand trial.

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liability

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Being legally responsible for an act.