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-Great Britain's legal and judicial systems provided outline
-other sources the constitution, common law, the law of equity |
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-discovered law
-judge made law
-replaced church law
-the concept of judges looking at past cases |
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-judge made law
-judge does what they feel is right/fair |
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| -when judge looks at a past case and follows court precedents (Let the decision stand) |
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| -an established rule of law set by previous cases |
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| -prohibiting a party from engaging in potential order it is considering |
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-52 different systems
-trial/appeliate courts
-3rd branch of gov (judicial branch - interprets the law) |
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| public drunkenness, parking tickets, petty crimes. |
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crime that occurred in the state
assault, civil... |
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-has a jury 12 criminal, 6 civil
-first to hear a lawsuit
-facts are determined/law is initially applied |
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-us constitution, treaties, law
-cases against u.s.
-multi-state cases
-state vs citizen of another state
-cases between citizens of two different states |
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-laws created by elected legislative bodies
-can anticipate problems (student records) |
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written law of the land
-takes 3/4ths vote to change |
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-established in the constitution
-when the supreme court is first to hear a case (state vs state case...) |
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where decisions are appealed
-has original and appellate jurisdiction
-law reviewing courts |
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| -the right of a court o declare a law invalid for violating the constitution (state or US)(rarely used) |
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| an act of disobedience or disrespect to a judge is punishable |
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typically appellate court
the only court congress can not abolish |
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John Roberts
2005
appointed by W |
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the right of an aggrieved party to try carry the appeal to the supreme court
-supreme court rejects 90 percent of these |
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| the part of an appeal process where the aggrieved party shows the supreme court is last option (traveled up the court ladder) |
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| the individual who initiates a civil lawsuit |
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| the person against whom relief or recovery is sought in a civil lawsuit. the individual whom a state criminal action is brought |
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| the written statements of the parties in a lawsuit that contain there allegations, denials and defense |
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| when the attorneys make a deal |
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| when the attorneys make a deal |
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when the defense decides there is not enough evidence
-also called demurer |
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| the formal reading of the charges before judge asks guilty of not guilty |
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evidence hearing before trial
just judge and autornies |
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criminal 12 jur
civil 6 jurr |
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| guide the jury in deciding guilt or innocence |
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| the decision of a trial jury |
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| a judges instructions to the jury telling them to avoid media containing and discussion about the case |
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| careful consideration of facts before verdict |
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| the decision of the court |
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| when a party is unhappy with a decision and motions to change it. |
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a written accusation issued by a grand jury
states we think there is enough evidence to convict |
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| a jury whose function is determine whether sufficient evidence exists to charge and individual with crime and take them to trial |
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-adopted in 1971 with 45 words
-early creators Socrates/Plato
-16th/17th century British press laws |
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set the tone for how colonies would feel about freedom of press
-he was sued for what he printed but his attorney convinced jurors it was unjust and how could they convict him |
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| British laws used to limit the press by punishing them for criticizing gov or the crown |
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first test of freedom of expression in US
-ban false, scandalous, malicious publications against the US
-keep away publications of war opposition/rebellion |
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| the government cannot censor for any reason |
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| as hoc but when there is a conflict between amendments the first is always right |
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| made it a crime to obstruct the recruiting service |
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| require printers to get prior approval from gov |
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John Morrison started attacking corrupt gov, police, gangsters...
-created the public nuisance law to try to censor him (contradicts first amendment) |
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legal because it is a form of political expression
-flag protection act ruled unconstitutional in {US vs. eichman (1990)} |
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| made it illegal to conspire or organize a violent overthrow of the government |
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a civilian, Daniel Elsberg, exposed how the government deceived the people in Vietnam
-info not classified
-NYT won the case
-showed you can't just claim national security you have to prove it. |
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-Hazlewood VS Kuhlmeir
* if student safety is affected, the school can censor |
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| when your words instigate violence, you loose freedom of speach |
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press acts as a watchdog for people
-if the gov wont tell them the press will |
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| perceived communist not allowed to act/wright in Hollywood |
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Cannot cause a forbidden action to occur
-cause clear and present danger to gov (wartime, violent overthrow) |
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| the press sets agenda the news follows |
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handed out fliers on how to overthrow gov
-lost but made it harder to enforce sedition laws |
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-urged men not to abide by draft
-charged with clear and present danger to US during wartime |
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war over for 6 years
-charged with conspiring to overthrow the government
-forfeit freedom of speech when conspiring to overthrow gov
-communist |
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arrested for attacking corrupt Gov/Gangsters
-won the case
-rejected prior restraint |
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wanted to publish how to make the H-Bomb
-US gov made it classified and won the case |
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say a black family is moving into neighborhood
-buy the house for cheep sell for huge profit
-won and reinforced near decision |
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| MN star trib V MN commissioner of revenue |
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wanted to tax all commodities of paper companies of only those who sold a high number of papers
-only affected 3 major papers
ruled unconstitutional to only tax certain papers |
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deamed administration can censor paper if:
-its part of curriculum
-causes danger to students
only for High school |
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-students wore black armbands in silent protest of Vietnam
-court says you can't prove this causes danger to students
-win for student first amendment rights |
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-UMN version of onion "interview with jesus"
-school cuts funds
-paper wins under violation of first amendment right by censoring threw cutting funds |
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| Chaplinsky V New Hampshire |
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protesting the war
-cop tells him to move along
-insulted the cop
-loses the case by violating fighting words doctrine |
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-St. Paul drafted new hate speech ordinance
-RAV burned cross in black families yard
-RAV says its his first amendment right
-wins case because the ordinance is to broad
-should have charged him with treaspassing |
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-Virginia made cross burning illegal
-ruled cross burning as a protest/political act so allowed
-burned to intimidate not allowed |
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| Heffron V International Society |
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-anyone can have a st. fair booth
-all have to stay in booth
-society left booth to solicit
-lost because everyone has to stay in booth, time manner place |
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-have to actually initiate a call to action (Try to overthrow gov violently)
-just created an abstract outline of a possible way
-made it harder to use smith act to take down communists |
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| why America hates the press |
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-journalist turn actors/celebrities
-use there fame to hawk product
-to rich to know how the poor feel
-staged news becomes to entertainment focused |
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