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Mass Comm Law #1
American Law & Ethics
28
Law
Undergraduate 4
08/31/2011

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Cards

Term
Constitutional Law
Definition
The SUPREME source of law in the US and each state
Term
A constitution does __________________.
Definition
defines the POWERS of the government and LIBERTIES of the people
Term
The US Constitution supercedes all state constitutions and all other laws in the US
Definition
Term
The supreme court has the authority to determine what laws are constitutional...this power is called
Definition
judicial review
Term
STATUTORY LAW
Definition
law at the levels of federal, state, and city...deals with statutes (or laws). Can be something federal like FOIA or broadcasting, state like libel, or city like noise regulations
Term
ADMINISTRATIVE LAW
Definition
complex, its the rules and decisions of administrative agencies such as the FCC, FTC
Term
Administrative agencies are created to ________ ___________ ______ that require special attention
Definition
supervise governmental agencies
Term
Administrative agencies are part of the EXECUTIVE brand of government!
Definition
Term
executive actions
Definition
law made by the PRESIDENT or GOVERNOR
Term
examples of executive actions
Definition
*appointing regulators or administrators, issuing executive orders, making agreements with other countries, pardoning prisoners
Term
The president's greatest influence through media law tends to be through _____ _________.
Definition
judicial nominations
Term
The US Senate must confirm the president's nominations.
Definition
Term
JUDGE-MADE-LAW
Definition
the accumulation of rulings made by courts over the years, these rulings establish precedents
Term
stare decisis
Definition
"let past decisions stand" ( precedent)
Term
equity
Definition
legal concept that allows judges to take action that is fair and just
Term
An application of 'equity' in media law...
Definition
A judge can use EQUITY to prevent something from being published that would be a danger to national security. Equity allows judges to take action that is fair and just.
Term
Criminal Case
Definition
involves law enforcement by the government in response to illegal acts
Term
Civil case
Definition
dispute between two private parties (more common in media law)
Term
plantiff
Definition
side that files a suit
Term
Summary Judgement
Definition
the judge's ruling that only one outcome is legally permissible, so the case need not go to trial
Term
Grand Jury
Definition
juries that hear preliminary evidenve in criminal cases to decide if probable cause exists to have the defendant stand trial
Term
Holding
Definition
specific ruling on the question before the court
Term
Concurring opinion
Definition
when a judge agrees with the majority opinion, but does for different reasons or has more to say
Term
majority opinion
dissenting opinion (minority)
Definition
Term
Types of courts: trial courts and appellate courts
Definition
appellate courts are reviewing questions of law concerning the lower courts--no juries, just judges

trial courts-find facts and apply the law
Term
Federal Court System
Definition
1. U.S. Supreme Court
2. US Courts of Appeals--13 circuits; oklahoma is in the 10th circuit
3. US District Courts (90)
Term
Appeals courts do not have another trial.
Definition
Term
OKLAHOMA COURT SYSTEM
Definition
*Oklahoma Supreme Court
*Oklahoma Court of Criminal Appeals
*Oklahoma Court of Civil Appeals
*77 Oklahoma District Courts
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