Law Of Journalism & Mass Ch1

Front 1

What is the term for the type of law that is made up of the orders, rules and regulations promulgated by executie branch administrative agenices to carry out their delegated duties?

Back 1

Administrative Law

Front 2

What is the term that means to ratify, uphold or approve the lower court ruling?

Back 2

Affirm

Front 3

What is the latin term that means "friends of the court"?

Back 3

amicus curiae

Front 4

What is the term for the party making the appeal?

Back 4

Appellant

Front 5

What is the term for the party against whom an appeal is made?

Back 5

Appellee

Front 6

What is the term for the type of law that is formally enacted, written down and available in legal reporters or other documents?

Back 6

Black-letter law

Front 7

What is the name for the doctrine establishing that restrictions on First Amendment rights will be upheld if they are necessary to prevent an extremely serious and imminent harm?

Back 7

Clear and Present Danger

Front 8

What is the term for the unwritten law that is comprised of judicial decisions and the reasoning for them; it is the type of law created byjudges from case precedent?

Back 8

Common Law

Front 9

What is the term for a separate opinion of a minority of the court or a single justice agreeing with the court's judgment but applying different reasoning or legal principles?

Back 9

Concurring opinion

Front 10

What is the term for the type of law found in consitutions, which are the legal pacts that outline the form and funcions of government and guarantee the rights of the people?

Back 10

Consitutional law

Front 11

What is the term for any act that is judged to hinder or obstruct a court in its administration of justice; for ex., journalists may be cited for contempt of court for refusingt to disclose information?

Back 11

Contempt of Court

Front 12

What is the term (latin) that means literally, a fresh or "new" review; thus, on appeal, the court reviews the facts rather than simply the legal posture and process of the case?

Back 12

de novo

Front 13

What is the term for the party accused of violating law?

Back 13

Defendent

Front 14

What is the term for the inclination of courts to give weight to the judgement of expert administrative agencies or legislative policies and strategies?

Back 14

Deference

Front 15

What is the term for a motion to dismiss a case on the grounds that although the claims are true they are insufficient to warrant a judgement against the defendant?

Back 15

demurrer

Front 16

What is the term for the pre-trial process of uncovering evidence that are uncovered

Back 16

discovery

Front 17

Waht is the term for the aurthority to determine the proper outcome?

Back 17

discretion

Front 18

What is the term that means to dispose of or send away?

Back 18

dismiss

Front 19

What is the term for a spearate opinion of a minority of the court or a single justice disagreeing with the result reached by the majority and challenging the majority's reasoning or legal basis?

Back 19

dissenting opinion

Front 20

What is the term for a practice of judicial review that turns on finding an essential difference to justify a different outcome?

Back 20

distinguish

Front 21

What is the term for a principle or theory of law, eg. doctrine of content neutrality?

Back 21

doctrine

Front 22

What is the term for the constitutional requirement, under the 5th aqnd 14th amendments, that individuals be guaranteed a fiar legal process?

Back 22

due process

Front 23

What means (in latin) literally "on the bench" but now meaning "in full court", the judges of a circuit court of appeals will to decide important or controversial cases?

Back 23

en banc

Front 24

What is the term for the type of law that empowers judges to issue decrees and remedies to assure fair outcomes that sould not otherwise be addressed by law?

Back 24

equity law

Front 25

What is the term that means the surface, apparent or obvious meaning of a legal text?

Back 25

facial meaning

Front 26

What is the term used for choosing the court in which to file a lawsuit based on the likelihood of winning the suit before that court?

Back 26

forum shopping

Front 27

What is the term for a group summoned to hear the state's evidence in criminal cases and decide whether a crime was committed and whether charges should be filled; do not determine guilt; may be convened on county, state and federal level; usually lar4ger than trial juries; between 12 and 23 members

Back 27

grand jury

Front 28

What is the term for the power of the US Supreme Court to determine the meaning of the language of the Consitution and to assure that no laws violate consitutional dictates?

Back 28

judicial review

Front 29

What is the term for the geographic or topical area of responsibility and authority of a court?

Back 29

jurisdiction

Front 30

What is the term used when changing or revising rather than follow or reject precendent?

Back 30

modify

Front 31

What type of legal cases is one in which the issues presented are no longer "live" or in which the matter in dispute has already been resolved?

Back 31

moot

Front 32

T or F
A case is not moot if it is susceptible to repetition but evading review.

Back 32

True

Front 33

What is the term for those persons who interpret the Constitution baswed on perceived intent of the Framers?

Back 33

originalists

Front 34

What is the term for a 1st Amendment doctr4ine concerned with the facial validity of laws that taqrget legitimate government interests but pose an unacceptable danger of significantly comporomising protected speech; the doctrine dictates precision and specificity in legislation?

Back 34

overbroad

Front 35

What is the term used to reverse the ruling of alower court?

Back 35

overrule

Front 36

What is the term used to hold that established precendent is no longer good law?

Back 36

overturn

Front 37

What is the term (latin) used for an appellate court opinion not carrying an author's name, that is , an opinion by the court as a whole?

Back 37

per curiam opinion

Front 38

What is the term used for during jury selection, the right to reject a juror without showing a reason?

Back 38

peremptory challenge

Front 39

What is the term for the party who files a complaint; the one who sues?

Back 39

plaintiff

Front 40

What is the term for the case judgment that establishes binding authority and guiding principles for cases to follow on closely analogous questions of law within the court's jurisdiction?

Back 40

precedent

Front 41

What is the term for the standard of e vidence needed for an arrest or to issue a search warrant; a showing through reasonably thrustworthy information that a crime has been or is being committed; more than mere suspicion?

Back 41

probable cause

Front 42

What is the term for an acr of an appellate court to send a case back to the trial court for further action?

Back 42

remand

Front 43

What is the term for a legal principle of general application that establishes a norm or guides future legal decision; also the framework of a society in which pre-established norms and procedures provide for consisten, neutral decision-making?

Back 43

rule of law

Front 44

What is the term that means literally "stand by the previous decision"?

Back 44

stare decisis

Front 45

What is the term for the review of statutes in which courts determine the meaning and application of statutes; courts tend to engage in sgtrict construction, which narrowly defines laws to their clear letter and intent?

Back 45

statutory construction

Front 46

What is the term for written law formally adopted by representative legislatures?

Back 46

statutory law

Front 47

What is the term for the type of liability without fault; liability for any and all harms, foreseeable or unforeseen, that result from a product or action?

Back 47

strict liability

Front 48

What is the term for a command to appear at a certain time and place to provide testimony on a certain matter?

Back 48

subpoena

Front 49

What is the term for the quick resolution of a letgal dispute by a judge when there is no dispute over the material facts in the case?

Back 49

summary judgment

Front 50

What is the term for an interpretative approach that relies eclusively on a careful reading of legla texts to determine the meaning of the law?

Back 50

textualists

Front 51

What is the term for the private or civil wrong for which a court can provide remedy in the form of damages?

Back 51

tort

Front 52

What is the term for the 1st Amendment principle that laws are facially invalid if they are insufficiently clear to inform citizens of the line between proper and improper epression?

Back 52

vague

Front 53

What is the term that means literally, "to come" or "to appear"; the term is used for the location from which a court draws its pool of potential jurors, who must then appear in court for "voir dire"?

Back 53

Venire

Front 54

What does a change in venire mean?

Back 54

a change of the location from which potential jurors are drawn

Front 55

What term means location--the locality of a lawsuit and of the court hearing the suit

Back 55

venue

Front 56

What does a change of venue mean?

Back 56

a relocation of a trial

Front 57

What is the term that means literally, "to speak the truth"? refersa to the preliminary eamination of potential jurors to assess their suitability?

Back 57

voir dire

Front 58

What means literally, "to be informed of", and refers to a petition for review by the supreme Court of the US?

Back 58

writ of certiorari