Media Ethics and Law: Chapter 1

supremacy

Article 4, part 2 of the US Constitution (commonly called the Supremacy Clause) establishes that federal law that takes precedence over, or supersedes, state laws

memorandum order

an order announcing the vote of the Supreme Court without providing an opinion

due process

fair legal proceedings. Due process is guaranteed by the fifth and 14th amendments to the US constitution.

doctrines

principles or theories of law that shape judicial decision making

distinguish from precedent

to justify an outcome in a case by asserting that differences between that case and preceding cases outweigh any similarities

affirm

to ratify, uphold or approve a lower court ruling

overturn precedent

to reject the fundamental premise of a precedent

overrule

to reverse the ruling of a lower court

voir dire

Literally, "to speak the truth"; the questioning of prospective jurors to asses their suitability

subpoena

a command for someone to appear or testify in court or to turn over evidence, such as notes or recordings with penalties for noncompliance

grand jury

a group summoned to hear the state's criminal cases and decide whether a crime was committed and whether charges should be filed; grand juries do not determine guilt.

facial challenge

a legal argument that the challenged law or policy is unconstitutional in every application; there are no situations in which the law can be interpreted to be constitutional

writ of certiorai

a petition for review by the supreme court of the United States; certiorai means "to be informed of."

forum shopping

a practice whereby the plaintiff chooses a court in which to sue because he or she believes the court in which to sue because he or she believes the court will rule in the plaintiff's favor

federalism

a principle according to which the states are related to yet independent of each other and are related to yet independent of the federal government

overbroad law

a principle that directs courts to find laws unconstitutional if they restrict more legal activity than necessary

tort

a private or civil wrong for which a court can provide remedy in the form of damages

demurrer

a request that a court dismiss a case on the grounds that although the claims are true they are insufficient to warrant a judgment against the defendant

motion to dismiss

a request to a court to reject a complaint because it does not state a claim that can be remedied by law or is legally lacking in some other way

concurring opinion

a separate opinion of a minority of the court or a single judge or justice agreeing with the majority opinion but applying different reasoning or legal principles.

dissenting opinion

a separate opinion of a minority of the court or a single judge or justice disagreeing with the result reached by the majority and challenging the majority's reasoning or the legal basis of the decision.

amicus brief

a submission to the court from amicus curiae, or "friends of the court," which are interested individuals or organizations that are parties in the case

per curiam opinion

an unsigned opinion by the court as a whole

strict construction

courts' narrow interpretation and application of a law based on the literal meaning of its language. Especially applied in interpreting the Constitution

peremptory challenge

during jury selection, a challenge in which an attorney rejects a juror without showing a reason. Attorneys have the right to eliminate a limited number of jurors through peremptory challenges.

black-letter law

formally enacted, written law that is available in legal reporters or other documents

common law

judge-made law comprised of the principles and traditions established through court rulings; precedent-based law

Textualists

judges--in particular, Supreme Court justices--who rely exclusively on a careful reading of legal texts to determine the meaning of the law

equity law

law created by judges to decide cases based on fairness and ethics and also to determine the proper remedy

vague laws

laws that either fail to define their terms or use such general language that neither citizens nor judges know with certainty what the laws permit or punish

strict liability

liability without fault; liability for any and all harms, foreseeable or unforeseen, which result from a product or an action

de novo

literally, "new" or "over again". On appeal, the court may review the facts de novo rather than simply reviewing the legal posture and process of the case.

en banc

literally, "on the bench" but now meaning "in full court." The judges of a circuit court of appeals will set en banc to decide important or controversial cases.

venire

literally, "to come" or "to appear": the term used for the location from which a court draws its pool of potential jurors, who must then appear in court for voir dire; a change of venire means a change of the lcoation from which potential jurorors are drawn

executive orders

orders from a government executive, such as the president, a governor, or a mayor, that have the force of law

political questions

question not subject to judicial review because they fall into areas properly handled by another branch of government

originalists

supreme court justices who interpret the constitution according to the perceived intent of its framers

moot

term used to describe a case in which the issues presented are no longer "live" or in which the matter in dispute has already been resolved; a case is not moot if it is susceptible to repetition but evades review.

original jurisdiction

the authority to consider a case at its inception, as contrasted with appellate jurisdiction.

discretion

the authority to determine the proper outcome

holding

the decision or ruling of a court

stare decisis

the doctrine that courts follow precedent; the basis of common law, it literally means to stand by the previous decision

jurisdiction

the geographic or topical area of responsibility and authority of a court

deference

the judicial practice of interpreting statues and rules by relying heavily on the judgments and intentions of the administrative experts and legislative agencies that enacted the laws

venue

the locality of a lawsuit and of the court hearing the suit. Thus, a change of venue means a relocation of a trial

administrative law

the orders, rules, and regulations promulgated by executive branch administrative agencies to carry out their delegated duties

precedent

the outcome of a previous case that establishes a rule of law that courts within the same jurisdiction rely on to determine cases with similar issues

defendant

the party accused of violating a law, or the party being sued in a civil lawsuit

appellee

the party against whom an appeal is made

Appellant

the party making the appeal; also called the petitioner

plaintiff

the party who files a complaint; the one who sues

facial meaning

the plain and straightforward meaning

judicial review

the power of the courts to determine the meaning of the Constitution and decide whether laws violate the constitution

discovery

the pretrial process of gathering evidence and facts. The word may also refer to the specific items of evidence that are uncovered

statutory construction

the process by which courts determine the proper meaning and application of statues

summary judgment

the resolution of a legal dispute without a full trial when a judge determines that undisputed evidence is legally sufficient to render judgment

constitutional law

the set of laws that establish the nature, functions, and limits of the govermnet

probable cause

the standard of evidence needed for an arrest or to issue a search warrant. More than mere suspicion, it is a showing through reasonably trustworthy information that a crime has been or is being committed.

rule of law

the standards of a society that guide the proper and consistent creation and application of the law

modify precedent

to change rather than follow or reject precendent

remand

to send back to the lower court for further action

statutory law

written law formally enacted by city, county, state and federal legislative bodies