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.



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