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
