Media Law Ch 1

Front 1

Precedent

Back 1

A case that other courts rely on when deciding future cases with similar facts or issues.

Front 2

Appellate Court

Back 2

A court to which a finding from a lower court may be appealed.

Front 3

Questions of Fact

Back 3

Resolutions of factual disputes that are decided by a jury

Front 4

Remand

Back 4

To send back to a lower court for evaluation based on new legal rules.

Front 5

Ride Circuit

Back 5

The historic practice in which judges rode from place to place to hear appeals in person.

Front 6

En Banc

Back 6

Latin/French for "in the bench", a session where all judges on a court participate in the hearing and resolution of a case, rather than just a small panel. Pronounced "on book"

Front 7

Circuit Split

Back 7

When two or more circuit courts have different rules on the same issue of law; often the Supreme Court will step in to resolve the split.

Front 8

Original Jurisdiction

Back 8

The first court with jurisdiction to hear a case; in the case of the Supreme Court, its findings in original jurisdiction cases are final.

Front 9

Writ of Certiorari

Back 9

The order issued by the Supreme Court when it agrees to hear a case.

Front 10

Rule of Four

Back 10

Four justices must agree to grant certiorari to hear a case before the case is permitted to be argued before the court.

Front 11

Residual Jurisdiction

Back 11

The Tenth Amendment gives all the powers to the states that are not granted to the federal government or prohibited to the states by the constitution.

Front 12

Federal Question

Back 12

An area in which the federal government has subject jurisdiction, including interpretation of the Constitution and acts of Congress an international treaties.

Front 13

Diversity of Citizenship/Diversity Jurisdiction

Back 13

When one party to a lawsuit is from one state and the other is from another state; diversity jurisdiction gives the federal courts jurisdiction over such lawsuits.

Front 14

Complete Diversity

Back 14

No plaintiff in a case can be from the same state as any defendant in the same case

Front 15

Federal Preemption

Back 15

When the federal government has sole jurisdiction over a subject area

Front 16

Concurrent Jurisdiction

Back 16

When the federal government and states share jurisdiction.

Front 17

Statute

Back 17

Any law that is adopted by a legislature of a federal, state, or local governmental body.

Front 18

Sovereign Immunity

Back 18

The ability of a government to limit lawsuits against it.

Front 19

State Decisis

Back 19

Latin for "let the law or the decision stand," the policy of courts to rely on precedents.

Front 20

Distinguishing a Case

Back 20

Declining to follow a precedent based on the precedential case differing from the case being decided.

Front 21

Reversing/Overruling a Precedent

Back 21

Choosing not to follow precedent even if the facts of the case being decided are very similar.

Front 22

Burden of Proof

Back 22

The party who has this burden must present evidence to support his/her claim.

Front 23

Beyond a Reasonable Doubt

Back 23

The level of certainty required for a criminal conviction and the highest level of proof.

Front 24

Preponderance of the Evidence

Back 24

The level of certainty required for a civil decision, a lower burden than for criminal cases; means that the facts support one side more than the other.

Front 25

Tort

Back 25

A civil wrong creating a right for a victim to sue a perpetrator.

Front 26

Tortfeasor

Back 26

Person who commits a wrong

Front 27

Defendant

Back 27

The tortfeasor in a civil lawsuit or accused in a criminal lawsuit.

Front 28

Plaintiff

Back 28

Person who brings a lawsuit.

Front 29

General Damages

Back 29

Compensation for monetary loss

Front 30

Special Damages

Back 30

Compensation that requires prof of monetary losses

Front 31

Actual/Compensatory Damages

Back 31

Can include both general and special damages

Front 32

Presumed Damages

Back 32

Awarded without any proof

Front 33

Statutory Damages

Back 33

Damages set by statue

Front 34

Treble Damages

Back 34

Three times the actual damages

Front 35

Punitive Damages

Back 35

Damage awarded, often high, intended to punish a wrongdoer.

Front 36

Complaint

Back 36

The document that initiates a lawsuit

Front 37

Answer

Back 37

The defendant's response to the complaint; no answer results in default, where the court rules for the other side.

Front 38

Serve

Back 38

To deliver a copy of the complaint to the appropriate party.

Front 39

To quash

Back 39

To invalidate or void

Front 40

Liability

Back 40

Responsibility for alleged wrong

Front 41

Demurrer/Motion to dismiss

Back 41

A pretrial motion that requests the case be dismissed based on the lack of legal basis to support it.

Front 42

Summary Judgement

Back 42

A pretrial motion in which the parties agree on the facts and one party is entitled to a judgement as a matter of law.

Front 43

Discovery

Back 43

The pretrial process by which the parties share information and evidence, including depositions and interrogatories.

Front 44

Appellant

Back 44

Party that appeals to a higher court.

Front 45

Respondant

Back 45

Party on the other side of an appealed case.

Front 46

Subpoena

Back 46

Latin for "under penalty," an order to an individual to appear before a body at a particular time to give testimony

Front 47

Majority Opinion

Back 47

The opinion of the court that gets the most votes and carries the weight of legal precedent.

Front 48

Dissenting Opinion

Back 48

An opinion written by a judge disagreeing with part or all of the majority or another judge's opinion.

Front 49

Concurring Opinion

Back 49

An opinion written by a judge agreeing with part or all of the authority or another judge's opinion.