Thursday, August 30, 2012
Intro to Media Law
Media Law: Freedom of Expression
The Legal System
4 Jurisdictions of Law
1. International Law
2. Federal Law
A. Constitutinoal Law
B. Federal Statutes (Satutory Law)
C. Administrative Law (FCC, FDA, etc)
3. State Law
4. Local Law
** Read the Westboro Article (on Pipeline) **
(in discussing the Murfreesboro mosk)
"The jusge was villified by locking up these God-fea....good people..."
Court Systems
Trial Court - court of original jurisdiction
-fact finding court that hears evidence
-can use juries or judge only
Appellate Court - reviews process of trial
-everyone has a right to one appeal
-no new evidence can be presented
-no juries
The Federal System: (must involve Federal Law)
Federal Trial court - U.S. District Court
Federal Appellate Court - US Court of Appeals (are in curcuits)
Supreme Court - Court of Last Resort (no right to appeal to this court)
Two ways to hear cases:
1. Direct Appeal - e.g. conflict with Constitution rights. (14th Ammendment, Civil Rights is one of the more common reasons for direct appeal, along with the 1st ammendment)
2. Writ of Certiorari - Parties involved must request their case be heard
-Rule of Four (4 members of the supreme court must agree to hear case)
-Cert is either granted or denied
The State System: (must involve State Law)
States similar to Federal system.
Trial court [civil (pay money, person against person) criminal (jail time, state vs person)]
Appellate court
Supreme (or Superior) Court.
LAWS
Legislative Branch - makes laws and policy
Executive Branch - protects and enforces laws
Judicial System - determines if laws or policies have been violated
Types of Law:
Constitutional Law - Supreme law of the land. No other law can contradict (states can also have state constitutions)
Statutory Law - passed by legislators (elected officials)
Executive Actions - operations law
Administrative Law - Federal Agencies
Common Law - law formulated by justices "just because it's right" like laws you can't eat ice-cream in church on Sunday..says a judge.
Equity Law - "what's fair is fair" old school.
Two sources of Litigation:
Criminal Law - involves fines or jail.
Civil Law - damages only
- individual vs individual
Lawsuits:
Civil Suit: Plaintiff - initiates civil action
Defendant - person accused
Appeal - person seeking appeal is the appellant; other is respondant
US v Nichols - US is the plaintiff. The plaintiff (complainer) is always listed first.
Someone v US - so someone's bringing the case and is an appellant case (but can also be US vs Someone in an appellant court if US didn't like the origional ruling)
Criminal Suit:
Charges are brought by the state
Arraignment - is a formal reading of the charge and defendant gives plea
If guilty - judge determines sentence
If not guilty - trial is set
Appellate Court - was trial held in a fair manner - no new evidence
Supreme Court - No evidence, witnesses, testimony. Constitutional issues only
Supreme court/Appellate Court decisions
** Write a brief about the Westboro Case **
Giving em just the facts..wade through the case and pull out the pertanant stuff.
The opioinn of the court, 8 justesices held that...
in the decenting opionon, on ejustice held that (summerized their opion)
anyhting u feel important
no more than a page and a half
(typed, printed (don't email)
* *Read Chapter 2**
Opinion of the court - written by one judge and joined by a majority of others
Dissenting Opinion -when one or more judge disagrees with the majority
"well, I disagree because"
Concurring Opinion - one or more judge(s) agree with the outcome of the case but for different reasons. . or to add thoughts or comments to the opinion of the court. Can have several dissenting and/or concurring opinions.
Majority opinion - at least 5 votes. If any in the majority write a concurring opinion, it weakens the strength of the precedent
Plurality opinion instead of a majority opinion if less than 5 judges agree.
Per Curium is an opinion that is usually brief and unsigned. This is the part of the opinion all agreed on.
Tuesday, August 28, 2012
Syllabus Day
TIPS for this CLASS:
Read Lesson's Beforehand
**Talk to TLW about speaking in our class**
We will mainly be talking about the bill of rights.
The first amendment is like an umberella.
Political speech is one of the MOST protected type of speech.
Religious anything.
Press (hmm who is the press? well there is a set criteria to be concidered to be the "press")
What's not protected:
Hate speech, slander, libel (Slander & Libel means it hurts their reputation)
Censorship, Obceneity (when is something obcene? "When the court says so")
**Read chapters 1 & 2**
Get the book and start reading.
She recommends that we read ahead before discussion or we will continue to stay confused.
Chapter one had a lot of vocab words...not usually a fan of flashcards..but I broke down this time.
The book is "The Law of Public Communication, 8th ed" by Middleton, Kent R. and Lee, William.
Read Lesson's Beforehand
**Talk to TLW about speaking in our class**
We will mainly be talking about the bill of rights.
The first amendment is like an umberella.
Political speech is one of the MOST protected type of speech.
Religious anything.
Press (hmm who is the press? well there is a set criteria to be concidered to be the "press")
What's not protected:
Hate speech, slander, libel (Slander & Libel means it hurts their reputation)
Censorship, Obceneity (when is something obcene? "When the court says so")
**Read chapters 1 & 2**
Get the book and start reading.
She recommends that we read ahead before discussion or we will continue to stay confused.
Chapter one had a lot of vocab words...not usually a fan of flashcards..but I broke down this time.
The book is "The Law of Public Communication, 8th ed" by Middleton, Kent R. and Lee, William.
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