1|Page
MMC4200 Exam 1 Study Guide TEST FINAL EXAM AND
PRACTICE EXAM 20262027 BANK 2 VERSIONS QUESTIONS
WITH DETAILED VERIFIED ANSWERS EXAM QUESTIONS
WILL COME FROM HERE (100% CORRECT ANSWERS A+
GRADED
What are the sources of law? Know examples of each - ANSWERS---
common law
-equity law
-statutory law
-constitutional law (federal and state)
-executive orders and administrative rules
Within common law, what is the role of precedent? - ANSWERS--an
established rule of law set by a previous court opinion. A precedent for
an individual case is the authority relied on for the disposition of the
case.
What are the four options for handling a precedent (know each of
these) - ANSWERS---accept/follow
-modify/update
-distinguish (recognize if certain precedent applies to different
situations)
-overrule (declares prior decision wrong and thus no longer law)
,2|Page
What is stare decisis? - ANSWERS--the foundation of common law; the
doctrine that judges should rely on precedent when deciding cases in
similar factual situations
What are the remedies that may be issued in equity law applied to
media-related circumstances? - ANSWERS--- temporary restraining
order (TRO)
-preliminary injunction
-permanent injunction
What do constitutions typically set out to accomplish (what provisions
do they contain)? - ANSWERS---they provide the plan for the
establishment and organization of the government.
-They outline duties responsibilities and powers of the various elements
of government.
-They guarantee certain basic rights to the people, such as freedom of
speech and freedom to peaceably assemble
What is the vagueness doctrine in constitutional law? - ANSWERS--the
doctrine by which courts determine that laws are unconstitutional
because average persons would not know ahead of time whether their
expression would violate the law.
,3|Page
What is the overbreadth doctrine in constitutional law? - ANSWERS--a
first amendment doctrine by which courts determine that legislation is
unconstitutional because it restricts more expression than necessary
What is the role of a trial court compared to the role of an appellate
court? - ANSWERS--trial court: fact-finding courts. Court of the first
instance; where cases begin. Juries sometimes sit in trial courts.
Empowered to consider both the facts and the law.
appellate court: law-reviewing courts. No juries ever. Normally only
consider law. difference between facts and law is significant. Facts are
what happened. the law is what should be done because of the fact.
What types of conflicts/circumstances trigger the hearing of cases in
federal courts? - ANSWERS---arise under the constitution, law and
treaties
-involve ambassadors and ministers of foreign countries
-involve admiralty and maritime law
-involve controversies when US is a party to the suit
-involve controversies between two or more states
-controversies between state and citizen of another state
-controversies between citizens of different states
What is judicial review and why is it important? - ANSWERS--The right
of any court to declare any law or official governmental action invalid
because it violates a constitutional provision.
, 4|Page
Important when matters concerning regulations of mass media are
considered. Maintains the freedom of the press.
What are the main differences between civil law/cases vs. criminal
law/cases? - ANSWERS--Civil: dispute between two private parties in
which the government offers its courts to resolve the dispute. Plaintiff
awarded compensation if they win. Judge can reject any jury verdict.
Criminal: normally an action in which the state brings charges against a
private individual. Defendant who loses case is assessed a fine, jail, etc.
Judge can take case away from jury and order dismissal, but nothing
can be done about an acquittal.
What do civil cases attempt to reward to the plaintiff? In contrast, what
is the purpose behind criminal cases? - ANSWERS--Civil: Money
damages.
Criminal: Bring justice and protect the public/plaintiff from defendant.
What is the burden of proof required in civil versus criminal cases? -
ANSWERS--Civil: Standard of a preponderance of the evidence.
Criminal: Burden is on the prosecution (government) to prove its case
beyond a reasonable doubt.
In a civil case, who is the plaintiff and who is the defendant? -
ANSWERS--plaintiff: party that commences a civil lawsuit
defendant: the party against whom the suit is brought
MMC4200 Exam 1 Study Guide TEST FINAL EXAM AND
PRACTICE EXAM 20262027 BANK 2 VERSIONS QUESTIONS
WITH DETAILED VERIFIED ANSWERS EXAM QUESTIONS
WILL COME FROM HERE (100% CORRECT ANSWERS A+
GRADED
What are the sources of law? Know examples of each - ANSWERS---
common law
-equity law
-statutory law
-constitutional law (federal and state)
-executive orders and administrative rules
Within common law, what is the role of precedent? - ANSWERS--an
established rule of law set by a previous court opinion. A precedent for
an individual case is the authority relied on for the disposition of the
case.
What are the four options for handling a precedent (know each of
these) - ANSWERS---accept/follow
-modify/update
-distinguish (recognize if certain precedent applies to different
situations)
-overrule (declares prior decision wrong and thus no longer law)
,2|Page
What is stare decisis? - ANSWERS--the foundation of common law; the
doctrine that judges should rely on precedent when deciding cases in
similar factual situations
What are the remedies that may be issued in equity law applied to
media-related circumstances? - ANSWERS--- temporary restraining
order (TRO)
-preliminary injunction
-permanent injunction
What do constitutions typically set out to accomplish (what provisions
do they contain)? - ANSWERS---they provide the plan for the
establishment and organization of the government.
-They outline duties responsibilities and powers of the various elements
of government.
-They guarantee certain basic rights to the people, such as freedom of
speech and freedom to peaceably assemble
What is the vagueness doctrine in constitutional law? - ANSWERS--the
doctrine by which courts determine that laws are unconstitutional
because average persons would not know ahead of time whether their
expression would violate the law.
,3|Page
What is the overbreadth doctrine in constitutional law? - ANSWERS--a
first amendment doctrine by which courts determine that legislation is
unconstitutional because it restricts more expression than necessary
What is the role of a trial court compared to the role of an appellate
court? - ANSWERS--trial court: fact-finding courts. Court of the first
instance; where cases begin. Juries sometimes sit in trial courts.
Empowered to consider both the facts and the law.
appellate court: law-reviewing courts. No juries ever. Normally only
consider law. difference between facts and law is significant. Facts are
what happened. the law is what should be done because of the fact.
What types of conflicts/circumstances trigger the hearing of cases in
federal courts? - ANSWERS---arise under the constitution, law and
treaties
-involve ambassadors and ministers of foreign countries
-involve admiralty and maritime law
-involve controversies when US is a party to the suit
-involve controversies between two or more states
-controversies between state and citizen of another state
-controversies between citizens of different states
What is judicial review and why is it important? - ANSWERS--The right
of any court to declare any law or official governmental action invalid
because it violates a constitutional provision.
, 4|Page
Important when matters concerning regulations of mass media are
considered. Maintains the freedom of the press.
What are the main differences between civil law/cases vs. criminal
law/cases? - ANSWERS--Civil: dispute between two private parties in
which the government offers its courts to resolve the dispute. Plaintiff
awarded compensation if they win. Judge can reject any jury verdict.
Criminal: normally an action in which the state brings charges against a
private individual. Defendant who loses case is assessed a fine, jail, etc.
Judge can take case away from jury and order dismissal, but nothing
can be done about an acquittal.
What do civil cases attempt to reward to the plaintiff? In contrast, what
is the purpose behind criminal cases? - ANSWERS--Civil: Money
damages.
Criminal: Bring justice and protect the public/plaintiff from defendant.
What is the burden of proof required in civil versus criminal cases? -
ANSWERS--Civil: Standard of a preponderance of the evidence.
Criminal: Burden is on the prosecution (government) to prove its case
beyond a reasonable doubt.
In a civil case, who is the plaintiff and who is the defendant? -
ANSWERS--plaintiff: party that commences a civil lawsuit
defendant: the party against whom the suit is brought
