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