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MEJO 341 MIDTERM 1 EXAM QUESTIONS FULLY SOLVED.
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MEJO 341 MIDTERM 1 EXAMQUESTIONS FULLY SOLVED
Marbury v. Madison - answer This established the power of courts to interpret laws.
Stare Decisis - answer What words mean let the decision stand?
Refers to the notion that judges are generally expected to adhere to precedent.
En Banc - answer This means on the bench, An "XXX hearing" is before all judges of the court.
Fighting Words - answer The first amendment does not protect them, they are directed at an
individual and automatically inflict emotional harm or trigger violence.
Native Advertising - answer With this, it is difficult to distinguish from the editorial content of
the platform on which the ad appears.
Substantiation - answer Applies to the requirement that advertisers must verify or prove their
claims
The 6 First Amendment Rights - answer 1. Establishment of religion
2. The free exercise of religion
3. Freedom of speech
4. Freedom of the press
5. Freedom to assemble
6. Freedom to petition
Civil Litigation Timeline - answer 1. Filing the complain
2. Service of process
,3. Responding of the complaint (dispositive motions, the answer)
4. Discovery
5. Summary judgment
6. Trial
Appeals - answer Appeals may be taken by the losing party
Appellant argues that the district court erred on specific issues of law (e.g., whether to admit
certain evidence; content of the jury instructions, etc.)
Appellate court considers only the record of the proceedings below (prepared by the parties),
and the parties' briefs
Trial Courts - answer Fact-finding courts- required to hear both facts and laws in a case
Appellate Courts - answer Law-reviewing courts, usually consider only the law
State Trial Court - answer Can hear any kind of case, unless a federal statute states otherwise
Trial court has original jurisdiction
This court holds trials to determine the facts of cases
1 judge hears the case
State Intermediate Appellate Courts - answer Hear appeals from the trial court
Typically, a 3 judge panel hears the case
Usually divided into districts which hear appeals from certain geographic areas
Appeal as of right (i.e., the loser has an appeal as a right)
Some small states don't have one!
State Supreme Court - answer May or may not have to hear the case
, The Supreme Court almost always has the discretion of whether or not to accept the appeal
(grant certiorari)
Justices (odd number: usually 5 or 7)
Supreme Court is likely to hear important public issues, novel legal issues, and issues on which
the lower courts are split
Writ of Certiorari - answer Request to the Supreme Court that it review a lower court case. very
small amount accepted
Civil Law - answer Several torts such as libel, invasion of privacy, right of publicity, and others.
Breach of contract and fraud may also be civil claims.
Copyright and trademark infringement may also be civil claims.
Criminal Law - answer Many legal concepts that create civil liability can also create criminal
liability.
Copyright and trademark infringement can be criminal (think of mass pirating of CDs or DVDs,
for example).
Obscenity laws and child pornography laws are criminal matters.
Laws that regulate threats, harassment, profanity, or other kinds of speech may also be criminal
matters.
Common Law - answer A type of judge-made law, is not written in a law book but is collected in
volumes of case reporters that contain the decisions (opinions), handed down by courts.
Case Law - answer Supreme Court cases, and cases from other courts, form a collective body of
cases known as
Time, Place, and Manner Restrictions - answer 1. Is the restriction justified without reference to
the content of the regulated speech/is it content-neutral?
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