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46 Cards in this Set

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  • Back
Framework for analysis for a case
1. what is the background?
2. the legal arguments?
3. who won?
4. Reason they won?
What type of court asks if the law was applied properly?
Appellate (court of appeals)
What type of court is the fact finding court?
Trail court
How many judicial circuits are there?
13, each has its own court of appeals.
SC is in the _______ circuit along with_____, ____, ____ &_____.
Fourth
NC, VA, WV, MD
The appeals court for the 4th circuit is in____________.
Richmond, VA
The two parties in a case start off as the_______ and _______. In the appeal process become______ and _______.
-plaintiff and defendant
-petetioner and respondant (or appelee)
*note that the names switch sides
Name the 9 Justices:
1.John G. Roberts, Jr.
2.Antonin Scalia,
3.Anthony M. Kennedy
4.Clarence Thomas
5.Ruth Bader Ginsburg
6.Stephen G. Breyer
7.Samuel Anthony Alito, Jr
8.Sonia Sotomayor
9.Elena Kagan
Supreme Court justices, court of appeals judges, and district court judges are nominated by the ______ and confirmed by the __________.
President
United States Senate
How many cases are heard by the supreme court annually?
100ish
How do you get your case heard before the Supreme Court?
1. A Writ of Certiorari is ordered.
2. written legal arguments from both sides are read.
3. oral arguments are presented
4. the 9 justices deliberate
5. written opinion is issued by whoever the majority (most senior) justice decides.
The losing half of the justices in a case is called the ________.
dissenting or minority
If there is another reason why a justice has decided to cast a vote for the case, he or she will write a statement called_________.
concurring opinion
Judicial disqualification, also referred to as _____, refers to the __________ participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer.
recusal
act of abstaining from
In the case that there is a tie in the Supreme Court the_______ court's decsion is________.
lower
upheld
What are the 5 sources of Law?
1. Constitutional
2. Administrative
3. Statutory
4. Equity
5. Common
(note CASE-C)
Define Administrative Law:
law by commissions, agencies etc (FCC, FTC, SEC)
Define Statutory Law:
elected officials, congress etc.
Define Equity law:
judge ordered, preemptive
Define Common law:
oldest type of law that builds predictability into the system, judges rarely stray from precident.
5 theories on freedom of expression:
1. Absolutist
2. Ad Hoc balance
3. Preferred Position
4. Meiklejohn
5. Access
Who are the two big names associated with the absolutist approach?
1. William Douglas
2. Hugo Black
Ad Hoc balancers start every case with a score of press: ___ Government:_____.
0
0
Preferred Position Theorists start the game with, Press:___ and Government:____.
7
0
Meiklejohn Theorists believe that on matters of ________, the ________ deserve total protection.
democracy
press
Access Theorists are basically believe that____________.
Everyone should have the right to express his/her views via mass media.
Five functions of freedom of the press:
1. truth seeking
2 .self governance
3. checking/watchdogging
4. saftey valve
5. self fulfillment
Milton's famous quote about truth:
Let Truth and Falsehood grapple; who ever knew Truth put to the worse, in a free and open encounter."
A speech of John Milton for the liberty of unlicensed printing to the Parliament of England.
Areopagitica
Planned Parenthood vs. Coalition for life

(Censorship or Prior Restraint)
- coalition for life's site "nuremberg files" crossed out doctor's faces who committed abortion.
-PPH files suit to get the site shut down using the FACE law.
- PPH wins in trial court
-C4L appeals to 3 panel judge appeals court and wins rights to have the site
- gets taken to the Supreme Court, Supreme court rules in favor of PPH 6-5 because of intimdation factor
What is the FACE law?
F-ree
A-ccess to
C-linic
E-ntrances
What was the case example used in class for libel law?
( Horsley vs. CNBC)
- In speaking to Geraldo about a abortion doctor who was murdered Horsely said "he got what he deserved"
-Geraldo says "you are accomplice to murder"
- Horsley sues CNBC and looses the case because he obviously was using a rhetorical device, not saying that Horsley pulled the trigger.
Bigelow vs. VA, established
First Amendment protection for advertising.
(remember Womens Pavillion)
Jane Roe vs. Aware Womens center for choice called into question if____________.

(Free Press vs Fair Trial)
The woman's name should be published in this case and her pricvacy in her abortion be let out to the public.
Becker vs FCC
- Becker is running for Congress in GA
- he is anti abortion and wants to run a commercial with a fetus being aborted.
- he goes to battle with the FCC
-He wins and gets to air it.
What was the law called that was made to protect Adams against the media and people for Jefferson in 1798?
The Alien & Sedition Act
Schneck vs. US:
-WW1 Schneck passes out socialist fliers saying "US out of Europe" , Schneck arrested.
-US Wins
-National Security
When Eugene Dennis was talking about overthrowing the government, what did the US get him on?
Violation of the Smith Act- the anti commie law.
-US wins in court against him.
(falsely) "Shouting fire in a crowded theatre" is a phrase used by whom, referring to what?
-Oliver Wendell Holmes
- Schneck case
A phrase also popularized by the Schneck case was is:
Clear and present danger.
What case in 1969 over turned the Schneck case?
Brandenburg vs Ohio
(remember the Klan: "we may be force to take revenge.")
What is the US vs. NY times case often reffered to as?
The Pentagon Papers case
__________ gave 7000 pages of government appointed research to the Times.
Daniel Ellsburg
"The H-bomb secret" was in the 1979 _________ case. Who won?
US vs Progressive Magazine
US won
The DOD won the case against_________ when it came to allowing the press access at Dover.
JB Pictures
Snepp vs US was about the book that Snepp wrote called________ and the CIA was trying to get Snepp on a ___________.
- Decent Interval
- Prepublication Agreement