FSU Mass Media Law test 1 || with A+ Guaranteed Solutions.
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Course
FSU Mass Media Law
Institution
FSU Mass Media Law
law correct answers set of rules to attempt to guide human conduct
common law correct answers judge made law, "stare decisis" let the decision stand,
precedent correct answers established rule of law set by a previous case; courts should follow precedent when it is available and possible.
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FSU Mass Media Law test 1 || with A+ Guaranteed
Solutions.
law correct answers set of rules to attempt to guide human conduct
common law correct answers judge made law, "stare decisis" let the decision stand,
precedent correct answers established rule of law set by a previous case; courts should follow
precedent when it is available and possible.
they can:
accept/follow it for guidance
or
modify it/update it so it's contemporary to sensibilities
or
distinguish differences between the precedent and the current case
Precedents are usually overruled when: correct answers when there are changes in facts or
circumstances, changes in social/moral values, or changes in judges/justices on the court
Jurisprudence correct answers when a ruling is decided based on a gut feeling, then precedence is
checked
damages correct answers money to a winning party in a civil suit (typical remedy)
Equity law correct answers system of jurisprudence in which courts are empowered to decide on
the basis of equity/fairness. rulings are judicial decrees (court announces legal consequences of
facts found true by the court)
Statutory Law correct answers created by local, state, and federal levels to anticipate problems
that might affect lots of people.
Ex: speed limits
if it is a criminal statutory law it MUST be written down
Construction correct answers process of interpreting.......
Constitutional law correct answers written outline of organization of government, provides rights
and responsibilities of branches of government and limits of the power of government
If it is in the constitution it is constitutional (subject to interpretation)
Any law that conflicts the constitution is unenforceable
valid for vagueness doctrine correct answers law will be struck down if a regular person can't tell
what speech is allowed
overbreadth doctrine correct answers can't ban unprotected speech if protected speech is
prohibited in the process
, executive orders and administrative rule correct answers orders issued by elected officers, rules
generated by administration
Administrative agencies correct answers deal with problems that are too technical or too large for
the legislative branch to handle
can overturn rulings if the original act is unconstitutional or the commission/agency extends
authority, or if the committee/agency violates its own rules, or there is no evidentiary basis to
support the ruling
Judicial system correct answers each system has two courts, a trial court and appellate court
Trial courts correct answers facts presented, first to hear the case, juries are allowed, judge sits
alone. Can have testimony as evidence
Appellate courts correct answers consider only the law, not obligated to hear all cases, no jury, 3
or more judges
Federal courts correct answers cases involving:
constitutional laws
treaties
foreign ministries and ambassadors
maritime law and admirailty
controversies when US is a party to the law suit
controversies between 2 or more states
controversies between citizens of different states
Supreme court correct answers 9 members
chief justice and 8 associate justices
an appellate tribunal
land and water rights
US courts of appeals correct answers 11 numbered circuits
12 and 13 un-numbered
sitting en banc correct answers justices/judges of an appellate court sitting together to ear a case
direct appeal correct answers statutorily granted right of a party to carry an appeal to the supreme
court
writ of certiorari correct answers writ by which an appellate seeks a review by the supreme court
rule of 4 correct answers four of nine justices must agree to hear a case
legal briefs correct answers written legal arguments submitted by attorneys to review before an
oral hearing
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