JMC 4813: Media Law Unit 1 - "Focus On" Bullet Points

What are common myths about the Magna Carta ?

People think it started modern democracy, but it only reinforced existing practices and was largely ignored after its signing.

What legal principles did King John agree to in the Magna Carta?

1. No new taxes without "common counsel"

2. No "free man" arrest or property seizure without due cause

3. Equal access to royal justice.

What lasting lesson does the Magna Carta teach about liberty and democracy?

Liberty involves protection from power, while democracy determines who enjoys those protections.

What did Ann Patchett say she did to successfully bake a cake?

She focused entirely on the task without distractions.

How did Ann Patchett compare multitasking with glancing at a recipe?

She compared it to using a phone or talking while working.

What did Patchett say is essential for writing a novel and maintaining relationships?

Staying focused and being fully present by focusing on ONE thing.

What did Patchett recommend as an antidote to fragmentation and distraction, and how does it help retrain oneself to pay attention for longer periods of time?

Reading or writing books can help with distraction and retrain your brain to pay attention for longer periods.

What is the definition of law for this course?

1. A system of rules that helps society structure or govern a society

2. A means for attempting to reconcile interests in conflict

What are the SIX sources of law emphazied in Unit 1?

Constitutional law, Statutory Law, Administrative Law, Executive actions, Common Law, and Equity (CSAECE)

What is constitutional law?

It's based on the U.S. Constitution and state constitutions. Hard to amend.

What part of the Constitution is most important for this course?

The First Amendment, which protects freedom of speech, press, religion, etc.

What is statutory law?

Laws passed by legislative bodies like Congress or state legislatures, such as regulations on advertising or noise. Much easier to ammend, hundreds can be passed each day.

What is administrative law?

Rules created by government agencies (like the FCC or FTC) to handle specific issues, especially technical or complex ones.

What is executive action?

Orders or decisions made by the president or governors, such as judicial nominations by President.

What is common law?

Law made through court decisions over time, relying on precedents to guide similar future cases. These cases establish precedents.

What is equity law?

Legal action allowing judges to make fair decisions beyond compensation, like stopping harmful actions before they happen.

What are federal, state, and city examples of media-related statues?

Federal: advertising, broadcasting

State: libel, shield laws; access laws

City: sign regulations, noise regulations

What is the comparison provided of how the common law can be more important than constitutional law?

For example, if something comes up that isnt in the syllabus, the professor would try to consider how some situations were best handled in the past, I will look for some precedent somewhere such as a student or professor's experiences. This is what judges do in common law when there are no constitutional questions involved.

How can equity law apply to media law?

Potential for judges to use equity law to halt publication in order to prevent damage to national security

What is the role of precedent in common law?

Precedents guide judges in similar cases to provide predictability and stability.

Which court ultimately decides what is constitutional and what is not?

The U.S. Supreme Court

Criminal case

involves law enforcement by the government in response to illegal acts

Civil case

involves a dispute between two private parties (much more common in media law)

Summary judgment

judges ruling that only one outcome is legally permissible, so the case need not go to trial

Grand jury

hears preliminary evidence in criminal cases to decide if probable cause exists to have the defendant stand trial - NOT guilt or innocence

Trial court

find facts and apply the law (involves juries and witnesses)

Appellate courts

only decide questions of law concerning possible errors by lower courts (no juries or witnesses, only judges)

What is the issue and holding in a court opinion?

The issue is the specific question the court must decide, and the holding is the court's ruling on that question.

What are the three types of court opinions?

Majority, dissenting, and concurring opinions.

Majority opinion

the court's written explanation or reasoning for what it decided (in the opinion of a majority of the judges involved)

Dissenting opinion

written explanation by the judges in the minority of the decision as to why they disagree with the majority

Concurring opinion

written by judges who agree with the majority decision, but have different reasons for doing so, or wish to discuss other points

What the difference is between the plaintiff and the defendant?

The plaintiff files the suit, and the defendant is the party being sued.

How do cases typically move through the court system?

Most cases start in a trial court, then can be appealed to appellate courts, and can eventually reach the U.S. Supreme Court if necessary.

Where do actual trials happen?

Trials take place at the trial court level, where facts are presented and decisions are made.

What do appellate courts do?

Appellate courts review legal errors from trial court decisions but do not hear new evidence or witness testimony.

When should you consult a lawyer?

You should consult a lawyer if you're involved in a situation that could lead to legal issues, such as potential libel, privacy violations, or copyright concerns.

What is libel, and why might it require legal consultation?

Libel is a written defamation that harms someone's reputation, and it could lead to a lawsuit if you are accused of it.

Why would you need a lawyer if you receive a subpoena?

A subpoena demands you provide evidence or testimony in court, so you may need legal advice on how to respond.

When should you consult a lawyer?

1. You should consult a lawyer if you're involved in a situation that could lead to legal issues, such as potential libel, privacy violations, or copyright concerns

2. If you are approached by a lawyer representing anyone whose case may involve you or your media organization

3. Are considering a potentially illegal act

4. Are served with a subpoena, a summons or an arrest warrant

What should you consider before suing?

Consider whether you have a good legal case, whether other solutions like mediation are possible, and whether the defendant can pay if you win.

What happens in a trial court?

A trial court is where the case is first heard, with witnesses and evidence presented, and a decision is made based on the facts

What do appeals courts do?

Appeals courts review cases for legal errors from trial courts but do not hear new evidence or testimonies.

Can you have a new trial at an appeals court?

No, appeals courts focus on legal issues and review the trial court's decision, but they don't conduct new trials.

How often were Supreme Court decisions unanimous in the term discussed?

About two-thirds of the 67 decisions were unanimous, the highest percentage since at least 1953.

How many decisions had 5-to-4 splits?

There were 10 decisions with 5-to-4 splits, with Justice Kennedy often joining either the four liberal or the four conservative justices

What matters most in Supreme Court decisions, according to the article?

What matters most in Supreme Court decisions is the legal principle that commands a majority, not which side wins

Why does the reasoning behind Supreme Court rulings matter?

The reasoning affects how the law is applied in future cases and ensures clarity for lower courts.

Are jury trials still common in the U.S.?

No, jury trials have significantly declined. Federal jury convictions dropped from 3,200 in 1997 to 1,650 in 2015.

What is the main reason for the decline in jury trials?

The rise of plea bargains, where defendants agree to a deal instead of going to trial.

What happens because of fewer jury trials? Why are trials important for public accountability?

1. The process becomes less public, as plea deals are made behind closed doors, reducing transparency.

2. Trials test evidence openly in court, allowing the public to witness justice being served.