Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
104 Cards in this Set
- Front
- Back
|
What is the definition of law?
|
The rules of conduct established and enforced by authority in a society.
|
|
|
Attitudes toward legal systems range from what to what?
|
Anarchism to authoritarianism.
|
|
|
What are the six sources of law discussed by the text?
|
-common
-equity -statutory -constitutional -administrative -international |
|
|
What are the differences between common law and case law?
|
Common laws (judge-made law) are the court decisions that create precedent. Case laws are the applied precedent.
|
|
|
What is the relationship between community stability and legal stability?
|
For a community to be stable, law should be stable as well.
|
|
|
What is stare decisis?
|
Legal decisions established should not easily change.
|
|
|
What is precedent?
|
Legal authority that must be followed, absent a sound legal basis for variance; previous cases on the same point of law.
|
|
|
Which courts must follow precedent?
|
Courts within that court's same jurisdiction.
|
|
|
What is an opinion?
|
Written rationales for judicial decision.
|
|
|
What are reporters and how are they organized?
|
Volumes of cases, precedent. They are organized according to jurisdiction.
|
|
|
In what areas of communications law does common law play a central role?
|
Most prominantly in libel and invasion of privacy.
|
|
|
What are extraordinary writs and what is their most common form?
|
They are equity actions by courts, most commonly seen as temporary or permanent injunctions or restraining orders (order to do or Not to do).
|
|
|
What example does the text use for the law of equity at work in a communications case?
|
The Pentagon Papers.
|
|
|
What is statutory law?
|
Legislation made through elected representatives.
|
|
|
By what process do ideas become laws?
|
Proposal
Committee Subcommittee Examine, research Vote Recommend or NOT Total vote |
|
|
Satutory law must be consistent with what?
|
The constitution.
|
|
|
To whom do state statutes apply?
|
People in that state.
|
|
|
Sate and federal regulation is key to understanding which areas of communications law?
|
Obscenity, electronic media, intellectual property, marketing and journalistic privilage.
|
|
|
What is established by the Constitution in Articles I, II and III?
|
Congress power to: tax, mint money, declare war, and regulate interstate commerce
Presidency power to: lead military, establish foreign policy and appoint government officials Judiciary power to: hear cases involving federal and international matters, disputes between states and disputes between citizens of different states |
|
|
Can the US Supreme court declare statutory law inconsistent with constitutional law?
|
Yes.
|
|
|
"The Court explains what the constitution means, thus producing"...what?
|
Consitutional law.
|
|
|
How can the consitution be amended?
|
Calling a new consitutional convention, vote of 2/3 congress and 3/4 state legislatures.
|
|
|
How does consitutional law affect communications law?
|
Virtually all are under its umbrella, most importantly things from the first amendment: free speech, free press, assembly and petition.
|
|
|
What are federal administrative agencies?
|
Agencies created to regulate specific aspects of commerce.
|
|
|
How do people become commissionaers of federal administrative agencies?
|
They are appointed by the president. They qualify by being "apolitical" experts in the field they regulate.
|
|
|
How many FCC commissioners are there? How many can be from the same party?
|
There are five; maximum of three can be from the same party.
|
|
|
What does it mean that administrative agencies have "quasi-legislative, quasi-executive and quasi-judicial powers?"
|
They can pass their own laws, execute those laws and adjucicate disputes over enforcement.
|
|
|
What is administrative law?
|
The sum of the rules, regulations, decisions and other policy making of the agencies.
|
|
|
How is federal administrative law affected by congress, the president and the courts?
|
Congress empowers the agency through statutes, the president makes appointments and administrative laws can be appealed to the courts.
|
|
|
How does administrative law affect communications law?
|
FCC: electronic media
FTC: advertising SEC: communications by publicly held companies |
|
|
Why do we need international communications laws?
|
To control the amount and kind of communication between nations and the protection of freedom of expression.
|
|
|
What is judicial review?
|
The ability to deem laws unconstitutional
|
|
|
The courts are protectors of what?
|
Individual rights and liberties.
|
|
|
Why is the power of courts sometimes called "the judicial myth?"
|
Courts actually have few resources to require obedience to their decision.
|
|
|
What is "a court's opinion?"
|
An explanation of the rationale for the decision in a public document called the court's opinion.
|
|
|
What is jurisdiction? How is it determined?
|
The power to hear and rule in a case. It is determined by either subject matter or geography.
|
|
|
What is original jurisdiction?
|
Original ruling.
|
|
|
What is appellate jurisdiction?
|
Appellate judges review the rule of the lower court.
|
|
|
Which courts review the application of the law?
|
Appeals courts.
|
|
|
Which courts find and apply facts?
|
Trial courts.
|
|
|
What is the tenure of federal judges?
|
Lifetime.
|
|
|
How many US District Courts are there?
|
94
|
|
|
How is it decided how many US District Courts will be in each state?
|
At least one in each state, Puerto Rico and DC, and from there depending on population.
|
|
|
How many judges are in each district court?
|
Depends on the amount of work in the courts.
|
|
|
Circuit courts take appeals of decisions from where?
|
District courts and federal agencies.
|
|
|
When are the decisions of US Courts of Appeals final?
|
Except when the supreme court agrees to review the case
|
|
|
How many federal courts of appeals are there?
|
179 judgeships in 11 numbered multi-state circuits.
|
|
|
Each circuit has how many appeals courts? How many permanent judgeships?
|
One court, 6-20 permanent judgeships.
|
|
|
How many judges are normally assigned to a case?
|
3
|
|
|
What is a panel?
|
When there are just 3 justices assigned to review a case.
|
|
|
What does "en banc" mean?
|
When an entire court assembles to decide a case.
|
|
|
Who is a "circuit justice" for each circuit?
|
A supreme court justice chosen to be the supervising circuit justice for each circuit.
|
|
|
How many justices are on the supreme court?
|
9
|
|
|
When does the Supreme Court term open each year?
|
The first Monday in October.
|
|
|
About how many cases does the Supreme Court currently hear each year?
|
Less than 100
|
|
|
What is the official title of the federal judiciary's chief administrative officer?
|
Chief Justice of the United States.
|
|
|
Does the chief justice have any more voting power than the other justices?
|
No!
|
|
|
How are sate court systems generally organized?
|
Generally like federal, with trial, intermediate apellate and courts of last resort.
|
|
|
Which court is the ultimate authority on each state's laws?
|
State Supreme Court
|
|
|
When can the US Supreme Court overrule a state supreme court?
|
Only when the 2 courts disagree.
|
|
|
What is the relationship between state constitutions and the federal constitution?
|
Federal prevails whenever violated by any other law, even a state constitution.
|
|
|
What is the difference between substantive and procedural law?
|
Procedural is the rules for how substantive law is created, administered and adjucated.
|
|
|
What is civil action and what is the standard of proof in a civil action?
|
Civil action is a dispute between private parties, and the proof is the preponderance of the evidence.
|
|
|
What is a criminal action and what is the standard of proof in a criminal action?
|
Criminal action is brought by a prosecutor against an individual for committing a crime designated in legislation and must be proved beyond a reasonable doubt.
|
|
|
What are the differences between civil and criminal law and courts?
|
Civil: to correct civil wrongs ie breaches of contracts. it's a way for civilized people to settle disputes.
Criminal: punish criminal wrongs and protect the constitutional rights of suspects. |
|
|
What is a tort?
|
A non-criminal wrong committed by one party against another.
|
|
|
What does a typical civil case seek?
|
Monetary damages to help plaintiff recover from various kinds of losses.
|
|
|
What does a plaintiff have to prove?
|
They have to prove that the defendant was at fault for causint the harm to the plaintiff and that the plaintiff suffered as a result.
|
|
|
How does an attorney decide which court to bring a case to?
|
Decide by what laws were violated (state, fed, etc.)
|
|
|
If the parties are in different states, where may the case be brouht? Which state's laws prevail?
|
The state where the case was brought.
|
|
|
Is state law at issue in a federal court?
|
Yes. The state law still prevails.
|
|
|
What is "forum shopping?"
|
The process of picking a court for an action.
|
|
|
What is a statute of limitations?
|
Statute of limitations is the deadline for initiating a suit, usually is a year.
|
|
|
Standing to sue?
|
Plaintiff must establish the right to bring the action.
|
|
|
What is voir dire?
|
The selection of the jury.
|
|
|
Bench trial?
|
Trial withouot a jury.
|
|
|
Are juries expected to explain their decisions?
|
No.
|
|
|
Can a judge overrule a jury's decision?
|
Yes.
|
|
|
Crimes are wrongs committed against what or whom?
|
Society.
|
|
|
What are felonies? Misdemeanors?
|
Felonies=serious crimes
misdemeanors=less serious |
|
|
Investigation?
|
police find and preserve physical evidence and question witnesses and others with info relevant to the crime
|
|
|
Arrest?
|
When and indivudual related to a crime is taken into custody
|
|
|
arraignment?
|
court hearing at which the defendant is expected to enter a plea
|
|
|
complaint?
|
the first legal argument filed by a plaintiff
|
|
|
grand jury endictment?
|
investigatory panel; a panel whose duty is to hear the state's evidence to determine there's enough evidence for trial
|
|
|
How many jurors are usually in a criminal trial?
|
12
|
|
|
Who is the appellant? Appellee?
|
Appellant = person bringing appeal
Appellee = court and its decision based on the application of the law |
|
|
What actions can appeals courts take?
|
Affirm or reverse the lower court decision
|
|
|
What does it mean to remand?
|
Refer the case back to the lower court with directions on how to handle the legal issue that was appealed.
|
|
|
Second opportunities to appeal go to what courts?
|
Court of last resort, normally called supreme court
|
|
|
What is a petitioner? Respondent?
|
In court of last resort petitioner = party bringing the case, respondent = ones responding to case
|
|
|
What is mandatory jurisdiction? Discretionary?
|
Mandatory: the court is req'd by the constitution or legislation to take cases, either all or cases addressing certain matters. Discretionary they get to choose.
|
|
|
What does it mean that tue US Supreme Court justices are politically unaccountable to the public?
|
They're not elected.
|
|
|
What are the ways by which to obtain permission to have US Supreme Court review a lower court decision?
|
-in forma pauperis affidavit
-when laws are declared by a lower court unconstitutional = supreme court mandatory jurisdiction |
|
|
What is a per curiam opinion?
|
a straightforward question.
|
|
|
What is an amici brief?
|
Friends of the court question, usually state, corporation, or political organization file these.
|
|
|
What is a concurring opinon?
|
Justice agrees with outcom but not rationale
|
|
|
What is a majority opinon?
|
At least five concur.
|
|
|
What is a plurality opinion?
|
Opinion of court that attracts more agreement than any other opinion written by the justices in the majority.
|
|
|
What are the different systems by which states choose justices?
|
-Nominating commission
-nonpartisan elections -partisan elections -appointed by chief executive -elected by legislature -judicial selection commission |
|
|
How are federal judges appointed?
|
By President with advice and consent of the senate.
|
|
|
How can federal judges be removed?
|
Impeachment by house and conviction in the senate.
|
|
|
How does politics affect the appointment of federal judges?
|
Pres will consult with members of his party that preside in district court affected
|
|
|
What are activists and judicial restraintists?
|
activists believe courts have active role to play in political system, while restraintists believe they should play a modest role.
|
