COMM 403 EXAM 1
What is Amici curiae?
"friends of the court" - allowed to file briefs and given 30 minutes during oral arguments to present position
what are the 52 different judicial systems in U.S.
1 federal system, 1 district of Columbia and 50 state systems(one for each state)
What are the four options for handing precedent in common law?
1. Accept, 2. Modify, 3. Distinguish, 4. Overrule(very rarely)
Types of Supreme Court Opinions
1. Opinion of the court 2. Concurring opinion 3. Dissenting opinion
Typical remedies available in courts of equity
1. Temporary restraining order (TRO) 2. Preliminary injunction 3. Permanent injunction
When former U.S. Supreme Court Justice Sandra Day O'Connor was asked about death penalty appeals she had seen while on high court, what percent of those defendants did she respond did not have effective assistance of counsel?
100%
When did the development if Equity Law in the U.S. Stop?
1938
Which circuit is Pennslyvania in?
3rd
what circuit is the court appeals
9th
When a justice on the U.S. Supreme Court does not agree with the majority, what does he write?
A dissent
What are Criminal Laws in the U.S.?
Are all Statutory Laws
When justice was most recently appointed to the U.S. Supreme Court?
Brett Kavanaugh
To whom does the incorporation doctrine primarily apply?
City and State government
Five sources of Law
Common Law Law of Equity Executive orders/administrative rules Statutory Law Constitutional Law
What are the state trial courts?
Courts of limited jurisdiction and trial courts of general jurisdiction
What do Trial Courts do?
Determine the facts of the case, first courts to hear a case and must hear all cases they are assigned
Cases come before the Supreme Court in two ways:
Direct Appeal and Writ of Certiorari
What advantage is there in deciding similar cases in a similar way?
Establishes a consistent way of decision system and is predictable which makes have more stability and legitimacy
Administrative Law consist of two types?
Executive orders and techincal orders and rules created by governmental agencies
T/F Because the First Amendment only pertains to congress, cities and states can limit speech for any reason
False
T/F Since the printing press was developed, printers and publishers in England and what became the United States have has absolute freedom of the press
False
T/F The freedom of the press articulated in the First Amendment is absolute
False
What are the Freedoms protected under the First Amendment ?
Grievances Religion Assembly Speech Press
What did Mr. Near do that got him in court?
He alleged in his newspaper that county officials were mobsters and bootleggers
What is the basic unit of legal reasoning and legal argumentation?
IRAC
Federal Judges may only be removed by
Impeachment (rare)
What kind of system of Law is Common Law?
Inductive system of law
How does a supreme court hear a case?
Legal Briefs', Oral Arguments, Amici curiae
What is Dissenting opinion?
Minority opinion = written by justices who disagree with the majority decision
Common Law
Most basic, derived from how common people resolved disputes, like cases are decided in the same way
Does commitment bind judges?
No
If an activist calls for a boycott of a product because the owners of the business that sells the product contribute to right-wing candidates, does that activist's speech calling for the boycott violate the First Amendment rights of the business' owners?
No
Under Meiklejohnian theory, would Sports Illustrated receive First Amendment protection?
No
In Near v. Minnesota, did the U.S. Supreme Court say there can never be prior restraint on publication?
No. In dicta, the majority said if the publication would pose a risk to national security, such as publishing planned troop movements in a time of war, prior restraint might be appropriate
Which of the following is an example of self-censorship?
Not saying something for fear of being laughed at
Under Meiklejohnian theory, would Teen Vogue receive First Amendment Protection?
Only those Teen Vogue stories related to self-governance would receive First Amendment Protection
What is it called in common law when a similar case was decided in the past, that decision is called ?
Precedent
Which theory of the First Amendment did the U.S. Supreme Court rely on in the Pentagon Papers Case?
Preferred position balancing
Name one remedy available under the law of equity that might come up in a media law case
Restraining order
Types of Censorship
Self-censorship Community censorship Economic censorship Government censorship
When there is precedent, why might a court modify the precedent?
Society changes. Courts can keep up with changing attitudes and understandings by making small changes in the way precedent is applied
What is the highest law of the land?
The U.S. Constitution
Why was the injunction on Thurston Paul Bell's publication on how to cheat on taxes upheld?
The appellate court in Bell said his tax advice was false or unlawful commercial speech, which is a category of speech not protected by the First Amendment
If a book is banned from a public library, whose rights are violated?
The author's and the readers'
In the Progressive Magazine case, did the court rule that prior restraint was appropriate?
The case became moot, so there was no ruling on the issue
Which of the Brandenburg prongs is most important?
The conditions of all three prongs must be for the speech to be punishable
Which is the U.S. Supreme Court more concerned with ?
The development of and proper application of the law
if the question in a case of is the state constituion who has last authority?
The state
Who confirms federal judges?
US Senate
If President Trump, speaking to a rally of supporters, is heckled and yells, "Get her out of here" is he liable for inciting violence if the heckler is injured by his supporters ?
Under Brandenburg, became the harm to the heckler would be immediate, such an utterance would be punished no matter who said it
Under what can Laws be declared unconstitutional ?
Void for vagueness and Overbreadth doctrine
Is Stare decisis a cultural norm in our legal system ?
Yes
Did Mr. Brandenburg know his racist rant was being recorded?
Yes, he had invited a TV reporter to his KKK rally
Can one argue more than one legal theory for the same case?
Yes. Meiklejohnian theory, for instance, can be layered on top of preferred-position balancing theory with marketplace of ideas thrown in for good measure
What is Stare decisis?
a Latin term that means "let the decision stand."
What is Writ of Certiorari?
a discretionary order issued by the court requesting the lower court to send all records to the high court for review, may be requested only after all other remedies have been exhausted
What is a civil suit?
a dispute between two private parties
What is an Inductive system of Law?
a legal rule is developed after deciding a number of similar cases
How many judges hear appeals?
a panel of 3 judges hear most cases
In Original constitution lawyers are arguing (Trial Courts)
about evidence in cases
Freedom of expression today
also protects the public's right to hear- society's right to be informed
Who are Statutory Laws passed by what legislative bodies?
city councils, state legislatures, U.S. Congress
what are trial courts if general jurisdiction?
courts of original jurisdiction for civil and criminal cases, often have juries
Appellate courts
determine whether the law was properly applied and/or legal procedures followed
what are oral arguments
each side given 30-60 minutes to summarize arguments from brief
What does the Supreme Court serve as?
has both original and appellate jurisdiction, but primarily serves as an appellate body
What is the void for vagueness doctrine?
if a person of reasonable and ordinary intelligence would not be able to tell, from looking at its terms, what speech is allowed and what speech is prohibited
What is the rule of four?
if four out of nine justices think the petition has merit, the writ will be granted
From the driving-with-a-bag-on-your-head scenarios, what might be an example of modifying the precedent?
if it was intentional or not, if you were impaired or not, if the driver is not at fault
What is the overbreadth doctrine?
if the law does not aim only at problems within the allowable area of legitimate government control but also sweeps up other activities that constitute an exercise of protected expression
When was common law developed?
in England after the Norman Conquest (around 1100-1200 a.d.)
What does Law of Equity permit?
it permits a judge to fashion solutions to unique or unusual problems
What are executive orders?
legal orders declared by the executive officer of localities, states or the president of the United States
What does the court of appeals hear from?
lower courts and/or federal agencies
What did common law do ?
made people likely to comply with the law
are appellate courts obligated to hear all cases
no
Do any other laws trump the constitution?
no other laws, whether common, equity, administrative or statutory, trump the constitution
What did the First Amendment mean in 1791?
no prior restraint no licensing no punishment after publication
Do judges have to follow precedent?
no, nothing in our law requires judges to follow precedent
What year did the Supreme court start operating?
oldest federal court, operating since 1789
What does the commitment to Stare Decisis give ?
predictability, legitimacy, stability
What can equity courts issue?
restraining orders
What are courts of limited jurisdiction?
set up to deal with a narrow category of legal problems, such as traffic violations
What does Statutory Law attempt?
sometimes attempt to anticipate problems that may affect large numbers of people
What is a plaintiff?
starts the case and can be awarded monetary damages if he/she wins
What is the opinion of the court?
the majority opinion, the decision of the court in a case, includes the rationale for the decision
Original intent of the constitution
the meaning intended by the farmers of the First Amendment
what are damages in a civil suit?
the outcome of a civil trial usually monetary award
appellee or respindent
the party challenged on appeal
what is a apellant?
the party seeking an appeal of the lower court decision
what is a defendant?
the person that the suit is against
Who are federal judges appointed by?
the president
What are technical orders and rules?
they are created by governmental agencies at the state and federal level
What are rulings in equity suits?
they are judicial decrees, not yes or no judgments
at the lower court level, appeal process that goes against precedent appellate court may say what ?
to go with the precedent
What is sitting en banc?
when a larger panel of judges, usually 11, hears an appeal
When is Law of equity used?
when common law is too rigid or not applicable
What is Direct Appeal?
when the right to appeal is guaranteed by federal statute
What is the concurring opinion?
written by justices who agree with the outcome of the courts' opinion, but not the rationale
What are legal briefs
written legal arguments in the case
