JOMC 486: Mass Media Law American Law and Courts
Quiz Questions With Correct Solutions.
statute
an enactment made by a legislature and expressed in a formal document; judicial
branches decide whether it is constitutional or not
major sources of American law
-statutes
-constitutions
-common law
-administrative regulations
-executive orders
constitutions
describe the organization of government, the powers of the various branches of the
government and the limitations on those powers
judicial review
the process by which judicial branches decide whether statutes are constitutional
facial challenge
the complaining party is arguing the language of the statute, on its face, makes it
unconstitutional; over broad or too vague
as-applied challenge
even if the statute can be constitutionally applied in some cases, it was not
constitutional to apply it to the complaining party in this particular instance
common law
concept comes from England; arises from the customs and practices of the people; it is
not written down
precedents
earlier cases
stare decisis
"let the decision stand;" when judges follow the precedent, deciding the case before
them in the same way the earlier case was decided
administrative regulations
created by administrative agencies established by the legislature to handle specific
issues; examples: Federal Trade Commission, Federal Communications Commission
Federal Trade Commission
handles matters related to antitrust and deceptive advertising
Federal Communications Commission
oversees the country's telecommunications systems; power to issue regulations
regarding the matters within their jurisdiction
executive orders
issued by presidents, governors and mayors; instructions to subordinates on how to
carry out their duties
three levels of the federal and state court systems
, -trial courts
-intermediate appellate courts
-highest appellate courts
trial courts
the lowest level; called district courts in the federal system and Nebraska; the lowest
courts having the authority to hear and decide almost any kind of case
civil cases
disputes between private individuals or institutions (divorces, child support, child
custody)
torts
in civil cases, when one party is seeking compensation for a wrong or an injury by
another party; several branches of communications law are these (lawsuits for
defamation, invasion of privacy and product disparagement)
plaintiff
the party who files a complaint against another party in a civil case
defendant
the person against whom the complaint was made in a civil case
two kinds of remedies a plaintiff will seek
-damages
-judicial decrees
damages
the most common remedy sought, the money the plaintiff wants to compensate for the
injury inflicted by the defendant; decided by juries
judicial decrees
most often a restraining order or injunction that is sought by the plaintiff; decided by the
judge
motion to dismiss
a lawsuit should be dismissed because the claim is one for which the law offers no
remedy or it is legally insufficient in some other way
answer
filed by the defendant; sets forth the defendant's version of the facts and interpretation
of the law
status conference
held by the judge and the attorneys; to set a timetable for concluding pre-trial activities
and setting a tentative trial date
issues conference
held by the judge where attorneys try to agree on undisputed facts and what legal points
are at issue
discovery
both sides exchange information relevant to the lawsuit; each side discloses
documents, evidence or witnesses it plans to use in the case; each side seeks
depositions from the witnesses and the principles in the case
motion for summary judgement
appropriate where there is no dispute as to the material facts or the inferences to be
drawn from them; rather, the only dispute is over a question of law; eliminates the need
for a trial if the judge agrees
Quiz Questions With Correct Solutions.
statute
an enactment made by a legislature and expressed in a formal document; judicial
branches decide whether it is constitutional or not
major sources of American law
-statutes
-constitutions
-common law
-administrative regulations
-executive orders
constitutions
describe the organization of government, the powers of the various branches of the
government and the limitations on those powers
judicial review
the process by which judicial branches decide whether statutes are constitutional
facial challenge
the complaining party is arguing the language of the statute, on its face, makes it
unconstitutional; over broad or too vague
as-applied challenge
even if the statute can be constitutionally applied in some cases, it was not
constitutional to apply it to the complaining party in this particular instance
common law
concept comes from England; arises from the customs and practices of the people; it is
not written down
precedents
earlier cases
stare decisis
"let the decision stand;" when judges follow the precedent, deciding the case before
them in the same way the earlier case was decided
administrative regulations
created by administrative agencies established by the legislature to handle specific
issues; examples: Federal Trade Commission, Federal Communications Commission
Federal Trade Commission
handles matters related to antitrust and deceptive advertising
Federal Communications Commission
oversees the country's telecommunications systems; power to issue regulations
regarding the matters within their jurisdiction
executive orders
issued by presidents, governors and mayors; instructions to subordinates on how to
carry out their duties
three levels of the federal and state court systems
, -trial courts
-intermediate appellate courts
-highest appellate courts
trial courts
the lowest level; called district courts in the federal system and Nebraska; the lowest
courts having the authority to hear and decide almost any kind of case
civil cases
disputes between private individuals or institutions (divorces, child support, child
custody)
torts
in civil cases, when one party is seeking compensation for a wrong or an injury by
another party; several branches of communications law are these (lawsuits for
defamation, invasion of privacy and product disparagement)
plaintiff
the party who files a complaint against another party in a civil case
defendant
the person against whom the complaint was made in a civil case
two kinds of remedies a plaintiff will seek
-damages
-judicial decrees
damages
the most common remedy sought, the money the plaintiff wants to compensate for the
injury inflicted by the defendant; decided by juries
judicial decrees
most often a restraining order or injunction that is sought by the plaintiff; decided by the
judge
motion to dismiss
a lawsuit should be dismissed because the claim is one for which the law offers no
remedy or it is legally insufficient in some other way
answer
filed by the defendant; sets forth the defendant's version of the facts and interpretation
of the law
status conference
held by the judge and the attorneys; to set a timetable for concluding pre-trial activities
and setting a tentative trial date
issues conference
held by the judge where attorneys try to agree on undisputed facts and what legal points
are at issue
discovery
both sides exchange information relevant to the lawsuit; each side discloses
documents, evidence or witnesses it plans to use in the case; each side seeks
depositions from the witnesses and the principles in the case
motion for summary judgement
appropriate where there is no dispute as to the material facts or the inferences to be
drawn from them; rather, the only dispute is over a question of law; eliminates the need
for a trial if the judge agrees
