Law - Chapter 1

stare decisis

"Let the decision stand." Judge should resolve current problems in the same manner as similar problems were resolved in the past.

state court system

- All states have trial courts and appellate courts - Each state has a court of last resort, usually called a supreme court

standards of proof

- Criminal Cases: beyond a reasonable doubt - Civil Cases: by a preponderance of the evidence

appellate courts

- Review the factual record established by the trial court • Determine whether the law was properly applied and/or legal procedures followed • Not obligated to hear all cases • Never use juries

judicial review

- The right of any court to declare any law or official governmental action invalid because it violates a constitutional provision - State and federal courts both have this power

4 options for handling precedent

1) accept and follow 2) modify/update 3) distinguish 4) overrule

5 sources of law

1) common law 2) equity law 3) statutory law 4) constitutional law 5) executive orders and administrative rules

when do courts overrule a precedent?

1) factual knowledge and circumstances 2) social mores and values 3) judges/justices on the courts

typical remedies in equity law

1) temporary restraining order 2) preliminary injunction 3) permanent injunction

Courts can review administrative agency decisions if:

1) the original act that established the commission or agency is unconstitutional 2) the commission or agency exceeds its authority 3) the commission or agency violates its own rules 4) there is no evidentiary basis whatsoever to support the ruling

How many federal court of appeals exist? Number of total court systems in the US?

13 federal courts and 52 total court systems in the United States.

Why do we (media professionals) pay more attention to the court system than other sources of law?

Because many battles involving communications law are fought in the courts

constitutional law

Great Britain does not have a Constitution, but the US does (it is an important source of law) the US Constitution is the highest law of the land; no other form of law, whether common, equity or statutory, can override the Constitution - void for vagueness doctrine - overbreadth doctrine: is honking your horn considered free speech? A law is overbroad if it does not aim only at problems within the allowable area of legitimate government control, but also sweeps within its ambit or scope other activities that constitute an exercise of protected expression

Sandridge Hospital v Sentinel

Sentinel discovers that Sandridge Hospital was administering ineffective and overpriced medicines, some of the medicines were kept beyond manufacturers storage period. Sandridge sues newspaper for libel - hospital must supply evidence that their reputation has been injured & that the story is false.

case reporter

a book containing the chronological collection of the opinions rendered by a particular court for cases that were decided by the court.

invasion of privacy

a civil tort that contains 4 distinct categories of legal wrongs: appropriation, intrusion, publication of private facts, and false light

split of authority

a disagreement of lower courts

void for vagueness doctrine

a law will be declared unconstitutional and struck down 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.

litigant

a participant in litigation; a party in a lawsuit.

writ of certiorari

a writ by which an appellant seeks the review of a case by the US supreme court. when the writ is granted, the court will order the lower court to SEND UP the record of the case for review. - You don't have a right to this - More common way for a case to reach Supreme Court - You receive this when all other legal remedies have been exhausted

concurring opinion

a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different (or additional) reasons as the basis for his or her decision

constitution

a written outline of the organization of a government that provides for both the rights and responsibilities of various branches of the government and the limits of the power of the government.

administrative agency

an agency, created and funded by Congress, whose members are appointed by the president and whose function is to administer specific legislation, such as law regulating broadcasting and advertising.

precedent

an established rule of law set by a previous case. courts should follow precedent when it is advisable and possible.

dissenting opinion

an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment.

memorandum order

announces the vote without giving an opinion

civil suits (appellants, etc.)

appellant - party seeking an appeal of a lower court decision appellee/respondent - party responding to appeal appellant v appellee

oral argument

attorneys are allowed to present an oral argument - between 30 minutes and 1 hour

citation

case name, followed by volume number of case reporter, abbreviated name of case reporter, page number report is found, and year case is decided plaintiff v defendant

civil suits

contains: plaintiff - initiates civil suit/ will be awarded money if he/she wins defendant - person against who suit is aimed

U.S. District Court

every state has at least 1; trial court for federal court system

administrative law/executive orders

executive orders: legal orders or declarations ordered by the executive officers of localities or states, or by the President of the US technical orders and rules created by governmental agencies at the state and federal level e.g. FCC rules - "you can't cuss on TV" President appoints head of FCC

trial courts

fact-finding courts - where cases begin! - empowered to consider both the facts and law in a case. (facts are what happened) • Courts of original jurisdiction (first courts to hear a case) • Determine the facts of cases • Must hear all cases they are assigned • Sometimes use juries

amici curae

friends of the court; can present briefs in the oral arguments a friend of the court is not a party to the case but holds a vested interest or concern with its outcome

direct appeal

granted right of an aggrieved party to carry the appeal of a case to the US supreme court. The high court can deny this right if the appeal lacks a substantial federal question. - You have a right to this

rule of four

if four justices think a petition has merit, the writ will be granted.

Equity law

judge-made law - more specific to a case - permits a judge to fashion solutions to unique or unusual problems in individual cases - used when common law is too rigid or not applicable

original jurisdiction

jurisdiction in the first instance, as distinguished from appellate jurisdiction. a court exercising original jurisdiction determines both the facts and the law in the case; courts exercising appellate jurisdiction may rule only on the law and the sufficiency of the facts as determined by a trial court.

court's opinion

justice voting in the majority is asked to write this.

U.S. Court of Appeals (appellate courts)

law-reviewing courts consider only the law in a case. (law is what should be done because of the facts) only hear appeals from lower courts and or federal agencies - currently there are 13 circuits; Alabama is part of the 11th circuit - a panel of 3 judges hear most cases

statutes

laws adopted by legislative bodies

damages

money awarded to winning party of a civil suit.

Supreme Court

oldest federal court, serves as an appellate body. Has 9 justices. Cases come to Supreme Court by way of 1) direct appeal 2) writ of certiorari

petitioner

one who petitions a court to take an action; someone who starts a lawsuit. opposite of a respondent.

common law

principles and rules of law that derive their authority not from legislation but from community usage and custom. judge-made law; developed in England.

judicial decrees

rulings of equity law; these decisions are not in judgements of yes or no.

statutory law

statutes tend to deal with problems affecting society or large groups of people. statutory law can anticipate problems, and common law cannot. thirdly, the criminal laws in the US are all statutory laws. examples - speed limit, city ordinances, etc. - derived from legislative bodies: city councils, state legislatures, US Congress

plurality opinion

still the winner, but they aren't the majority; when 5 justices cannot agree on a single majority opinion, this is the opinion that is joined by more justices than any other opinion in the case

overbreadth doctrine (continued)

the doctrine prohibits the government from banning unprotected speech if a substantial amount of protected speech is prohibited or chilled in the same process.

appellant

the party who initiates or takes the appeal of a case from one court to another.

statutory construction

the process of how court interpret or construe the meaning of statutes. example - "it is illegal to distribute a violent video game to minors." what exactly qualifies as violent?

intermediate scrutiny

the standard of judicial review for content-neutral laws, such as time, place, and manner regulations, that requires the government to prove that the regulation is content neutral; justified by a substantial interest; not a complete ban on communication; and narrowly tailored.

opinion

the written statement issued by a court that explains the reasons for a judgement and states the rule of the law in the case. - Reasons for decision are given

Tinker Standard

this test, based on precedent, guides courts in cases involving students and their freedom of expression in consideration of legitimate school operations It defines students' right to symbolic speech; ultimately states that the student has right to free speech unless it disrupts the work of others.

per curiam opinion

unsigned opinion that's the courts opinion; drafted by one more members of the majority and published as the courts opinion ANONYMOUS court decision which is not signed by any specific judge, one of 6 kinds of decisions that a court can issue.

legal briefs

written legal arguments