Mass Media Law - First Quiz DLC

Statutes

written laws

laws or statutes

The main responsibility of the Congress and state legislatures is to enact \_____________

Constitutions

Organization of government, the powers of the various branches of the government, and the limitations on those powers

Judicial Review

The process by which they decide whether statutes (or administrative regulations or executive orders) are constitutional

Facial Challenge

The complaning party is arguing the langage of the statute on its face, which makes it unconstitutional.

Brandenburg v. Ohio

An example of one in which the US Supreme Court held a statute facially unconstitutional

As-applied challenge

Even if the statute can be constitutionally applied in some cases, it was not constitutional to apply it to the complaining party in this particular instance

Virginia v. Black

An example of a case in which a statute was found unconstitutional.

Common Law

Not written down like statutes are

Precedents

Earlier cases

Stare decisis

Judges follow the precedent, deciding the case before them in the same way earlier case was decided

Brandeburg v. Ohio

Which decision in this packet is an instance of court's reversal of a precedent

Administrative Regulations

Created by administrative agencies established by the legislature to handle specific issues.

Congress created the FTC to handle matters related to antitrust and deceptive advertising.

What is the FTC and who created it?

Executive orders

Presidents, governors, and mayors issue these

Gitlow v. New York

This Supreme Court's decision in this case in 1925 held that the due process clause means the First Amendment guarantees of freedom of speech and the press are binding on the states as well as on the federal government

Complaint

A civil case begins when one party files in court a \________ against another party.

Plaintiff

Person who files the complaint becomes the \____________

Defendant

The person against whom the complaint was made becomes the \______________

Damages and judicial decrees

Two major kinds of remedies, a plaintiff will seek are

Temporary restraining order/ temporary injunction

Prevents a certain person from proceeding with an action that made person who filed the complaint uncomfortable

Permanent injunction

Permanently unable to do the action

Motion to dismiss

Defendant often tries to have the suit stopped before it goes any further. To do this, the defendant may file a \_________________________

Status conference

Early in the suit, the judge will hold a \_______________ with the attorneys. Its purpose is to set a timetable for concluding pre-trial activities and setting a tentative trial date.

Issues Conference

The judge may later hold an \___________________, at which the attorneys try to agree on undisputed facts and what legal points are at issue.

Discovery

A process called \_________________ accounts for much of the time spend in preparation for a trial. During \__________________, both sides exchange information relevant to the lawsuit.

Motion for summary judgment (MSI)

Another pre-trial action that is common in media law cases. Either side may file such a motion but media defendants often use them in libel and privacy cases. - If a judge decides a case based on \______________, it eliminates the need for trial, but the judge's decision will be based on the facts the two sides have submitted and agreed to.

This person may be called the county prosecutor, county attorney, or district attorney at the state level.

In either case, the government is represented by an attorney whose primary job is to prosecute crimes. What may this person be called?

US attorney

At the federal level, the prosecutor is the \________ for one of his or her deputies

Grand jury

In the federal system, a person cannot be tried for a felony unless that person has been indicted by a \__________________

Bill of indictment or true bill

If a grand jury finds the evidence sufficient

No bill

If a grand jury finds the evidence insufficient

Information

State prosecutors bring felony charges by filing in court a document called \_______________

Arraignment

The indictment and arrest are the defendant's initial appearance in court

Preliminary hearing

Held in county court, determines whether the prosecutor has evidence that a crime has been committed and that the defendant more likely than not committed it

Procedural Motions

Between the arriagnment and the trial, the defense attorney may file a number of \________________. The attorney might ask the court to suppress illegally obtained evidence or move the trial to another town

Role of the jury

Determine what the facts of the case are to render a verdict

Role of the judge

To preside over the court, make sure the trial moves smoothly, act as a neutral referee between the two sides, rule on various points of law such as the admissibility of evidence, and to instruct the jury on the law of the case

Opening statements

The presentation of evidence begins with \__________ by the attorneys.

Direct evidence

Evidence that speaks for itself, examples: confessions, weapons, etc.)

Circumstantial evidence

Implies a link between the defendant and the crime (examples: fingerprints, blood samples)

Direct examination

When witnesses are questioned first by the side that called them

Cross examination

Interrogation of the witness by the opposing attorney

burden of proof

rests with the prosecution to show the defendant is guilty

Beyond a reasonable doubt

Jurors must be satisfied to the point of moral certainty that the prosecution has proved every element of the crime

preponderance of the evidence

The greater weight of the evidence. The civil plaintiff usually wins this if the \_______________________________________ is on his/her side.

Clear and convincing evidence

The plaintiff must produce \__________________________________ to win, meaning proof that the truth of the facts asserted is highly probable

motion for a directed verdict

At the conclusion of the state's or the plaintiff's case, the defendant usually makes a \________________

Sidebars

At various times during the trial, attorneys for both sides may meet with the judge for brief conferences to discuss procedural matters

Closing arguments

attorneys for both sides present their \____________________ after all the evidence has been presented.

guilty or not guilty

Jury in a criminal case can find the defendant \______________

General verdict

jury must answer a series of specific questions relating to the main issues of the case

Sentence hearing

often takes place several months after the trial

motions for a new trial

These are granted if the losing party can persuade the judge that the verdict was contrary to the evidence, that the damage award was excessive or that some serious error was committed during the trial

Motion for a judgement as a matter of law

asks the judge to overrule the jury on the grounds that even if the facts are as the jury found them, the law requires a different verdict

Appellant or petitioner

the party who appeals the case

appelle or respondent

the party in a case against whom an appeal has been filed

Oral argument

When a case is appealed, the panel assigned to decide the case may schedule a time for the attorneys to present \_______________

Rehearing en banc

Only when the judges of the circuit believe a panel may have decided a case wrongly will they vote for all of them to hear and decide it

Opinion

One of the judges in the majority writes a/an \___________________ that summarizes the facts of the case, describes its procedural history, reviews the legal principles governing the case, and applies those legal principles to the facts of the case to reach a decision.

Legal precedents

Published opinions become part of the body of\____________________ that govern how courts will decide similar cases in the future.

Original jurisdiction

The Constitution also establishes the Supreme Court's \_________________, that is those kinds of cases in which it may act as a trial court.

appellate jurisdiction

The kinds of cases it may hear on appeal is set by Congress and may be expanded or contracted

Opinion of the court

Most important as it represents the judgement of a majority of the justices as to what the law is and how it should be applied

Per curiam

an unsigned opinion of the court is identified by this phrase which means by the court

Concurring opinions

A majority of justices might agree on how a case should be decided that is, who should win but they disagree on the legal reasons for that conclusion.

plurality opinion

When the court is divided over who should win and why, it is possible no opinion has the complete support of a majority of the justices

Dissenting opinions

Justices who disagree with the court's conclusion

Memorandum orders

Supreme court issues these which simply announce whether the court is affirming or reversing a lower court decision

Deference to legislative and executive branches

The presumption is that acts of Congress and \n decisions by executive agencies (like the FCC) are constitutional and consistent with existing laws. \n These presumptions are sometimes reversed in cases where fundamental rights, like those of free \n speech and press, are involved.

Avoidance of constitutional issues

Courts will try to avoid addressing constitutional questions if at all possible. If a court can reach a decision on the basis of statutory or common law without addressing any constitutional issues, it will do so. What is this called?

Extraordinary majority

For the Nebraska high court to declare an act of Legislature unconstitutional, it needs an \____________________of five of the seven judges

Judicial retention election

Voters simply decide whether to retain a particular judge in office

Merit section plan/The Missouri Plan

two thirds of all states use this. It's a process by which the governor appoints state judges with help from a nominating commission or boar

Merit selection systems

Nebraska resembles the \____________________ used in other states

Judicial nominating commissions

bodies responsible for vetting and recommending applications for judicial vacancies.

Probationary period

3-5 years after which judge's name was submitted to voters