Review for Test 1

Primarily multiple choice, a few true & false, short answer

Short answer questions are most likely about the First Amendment

(we might get to write matching questions)



Court System

4 Jurisdictions of Law:
International Law, Federal Law, State Law, Local Law

** Make quiz questions for each point on study guide from Pipeline **

Highlights from class discussion

What's got to be involved if the Supreme Court hears it? CONSTITUTIONAL ISSUE

Plurality would be a 4-2-2-1.. and 4 is the plurality..not really a strong case..nor a decision.

en banc - ( Their all hearing the case )  A French term used when all of the judges of appellate court decide the case. More typically, a single judge or smaller number of judges, called a panel, decided case.

Criminal cases involve state and jail

Civil cases involve persons and money

"So if your postman bites your dog, you can't sue him" (can't sue the government)

"back to my porn case" I can appeal it. You have one right to appeal. so the appellate court can send it back for retrial or they can sent it to the State Supreme Court whose decision would be the final verdict (you only get one shot to appeal if you loose)

Writ of Certiorari - (only if they feel like it)

Who interprets the constitution? US Supreme Court

The test that judges use to see if laws are constitutional or not:

Strict Scrutiny - (laws are) narrowly tailored,  to serve that interest

Seditious Expression - speaking against the gov't

Peter Zenger case - (trash mouth) States and Feds can't do their own thing.. press?

ESSAY QUESTION ??

First Amendment Theories and defend it

"absolutist" - no law, means no law

free marketplace of ideas - the truth will come out (say what you want, but enough oppinions and discussion)

Results of Dennis, Yates and Brandenburg Cases  - a test for sedition evolved - the TEST FOR FIGHTING WORDS, INCITING VIOLENCE "tomorrow at two, bring your own knife"

"restrain" speech by injunction or licensing or contract or mil security or taxing

Time Place Manner? that's to protect speech

Is censorship legal? it can be

Prior restraint or fine you after

Content neutral v content based laws:

content based laws > their probably going to have a fight on their hands

Questions about our brief << be aware

How parties are notifed:

Granted Cert "you only know when you win"

Criminal court needs a substantial burden of proof (Beyond reasonable doubt)

** Constitution Day Monday - have it signed off by a faculty ** 

Extra Credit

11 AM - Mass Comm (Main Street)

9 AM - BAS