1. Mass Media Law 18 th Edition Don Pember Clay Calvert Chapter 1 The American Legal System McGraw-Hill/Irwin © 2013 McGraw-Hill Companies. All Rights Reserved.

2. 1-2 Five Sources of Law Common law Equity law Statutory law Constitutional law Executive orders/administrative rules

3. 1-3 Sources of the Law Common Law –Developed in England –Called “common law”: because it was uniform across the nation to distinguish it from law passed down by the church

4. 1-4 Sources of the Law Common Law –Also known as judge-made law –Inductive system of law – a legal rule is developed after deciding a number of similar cases

5. 1-5 Sources of the Law Common Law –Judges look to past decisions to make future ones (rely on precedents) –Stare decisis – “let the decision stand”

6. 1-6 Sources of the Law Common Law Four options for handling precedent: 1.Accept/follow 2.Modify/update 3.Distinguish 4.Overrule

7. 1-7 Sources of the Law Equity Law –Permits a judge to fashion solutions to unique or unusual problems –Used when common law is too rigid or not applicable

8. 1-8 Sources of the Law Equity Law –Rulings in equity suits are judicial decrees, not yes or no judgments –Equity courts can issue restraining orders

9. 1-9 Sources of the Law Equity Law Typical remedies in equity law 1.Temporary restraining order (TRO) 2.Preliminary injunction 3.Permanent injunction

10. 1-10 Sources of the Law Statutory Law –Derived from legislative bodies: city councils, state legislatures, U.S. Congress –Attempts to anticipate problems that may affect large numbers of people

11. 1-11 Sources of the Law Statutory Law –Criminal laws in the U.S. are all statutory laws –Collected in codes and law books instead of reports

12. 1-12 Sources of the Law Constitutional Law –The U.S. Constitution is the highest law of the land –No other laws, whether common, equity or statutory, can override the Constitution

13. 1-13 Sources of the Law Constitutional Law –Laws could be declared unconstitutional under the: Void for vagueness doctrine if a person of reasonable and ordinary intelligence would not be able to tell, from looking at its terms, what speech is allowed and what speech is prohibited Overbreadth doctrine if the law does not aim only at problems within the allowable area of legitimate government control but also sweeps within its ambit or scope other activities that constitute an exercise of protected expression.

14. 1-14 Sources of the Law Administrative Law –Executive Orders—legal orders declared by the executive officers of localities, states or the President of the United States –Technical orders and rules created by governmental agencies at the state and federal level

15. 1-15 Sources of the Law Administrative Law – Courts may only review administrative agency decisions if: 1.The original act that established the commission or agency is unconstitutional 2.The commission or agency exceeds it authority

16. 1-16 Sources of the Law Administrative Law – Courts may only review administrative agency decisions if: 3. The commission or agency violates its own rules 4. There is no evidentiary basis whatsoever to support the ruling

17. 1-17 The Judicial System 52 different judicial systems in U.S. –1 federal system –1 for the District of Columbia –50 state systems (one for each state)

18. 1-18 Facts Versus the Law Trial Courts –Determine the facts of the case –Courts of original jurisdiction (first courts to hear a case) –Must hear all cases they are assigned

19. 1-19 Facts Versus the Law Appellate Courts –Determine whether the law was properly applied and/or legal procedures followed –Not obligated to hear all cases

20. 1-20 The Federal Court System 1.The U.S. Constitution, U.S. law and U.S. treaties 2.Ambassadors and ministers of foreign countries 3.Admiralty and maritime law 4.Controversies when the U.S. is a party to the suit 5. Controversies between two or more states 6. Controversies between a state and a citizen of another state 7. Controversies between citizens of different states Federal courts can hear cases involving:

21. 1-21 The Supreme Court –The oldest federal court; operating since 1789 –Has both original and appellate jurisdiction, but primarily serves as an appellate body

22. 1-22 The Supreme Court Cases come before the Court for review in two ways: 1.Direct Appeal – when the right to appeal is guaranteed by federal statute 2.Writ of Certiorari – a discretionary order issued by the Court requesting the lower court to send all records to the high court for review; may be requested only after all other remedies have been exhausted

23. 1-23 The Supreme Court The Rule of Four –If four justices think the petition has merit, the writ will be granted.

24. 1-24 The Supreme Court Hearing a Case –Legal briefs – written legal arguments in the case –Oral arguments – each side given 30-60 minutes to summarize arguments from brief –Amici curiae – “friends of the court” – allowed to file briefs and given 30 minutes during oral arguments to present position

25. 1-25 The Supreme Court Types of Supreme Court Opinions 1.Opinion of the Court (majority opinion) – the decision of the Court in a case; includes the rationale for the decision 2.Concurring opinion – written by Justices who agree with the outcome of the court’s opinion, but not the rationale 3.Dissenting opinion (minority opinion)– written by Justices who disagree with the majority decision

26. 1-26 The Supreme Court Types of Supreme Court Opinions 3. Plurality opinion – an opinion in which five justices cannot agree on a single majority opinion but that is joined by more justices than any other opinion in the case 4. Per curiam opinion (unsigned opinion) – drafted by one more members of the majority and published as the court’s opinion 5. Memorandum Order – announces the vote without giving an opinion

27. 1-27 Other Federal Courts U.S. District Courts –Every state has at least one –This is the trial court for the federal court system

28. 1-28 The Federal Court System U.S. Courts of Appeal –Appellate courts – only hear appeals from lower courts and/or federal agencies – A panel of three judges hear most cases –Sitting en banc – when a larger panel of judges, usually 11, will hear an appeal

29. 1-29 Federal Judges –All appointed by the President –The U.S. Senate must confirm all appointments to the federal courts –Supreme Court justices are appointed with the “advice and consent” of the U.S. Senate –Federal judges may only be removed by impeachment

30. 1-30 The State Court System –All states have trial courts –Each state has a court of last resort, usually called a supreme court

31. 1-31 State Court Systems State trial courts –Courts of limited jurisdiction – set up to deal with a narrow category of legal problems, such as traffic violations –Trial courts of general jurisdiction – courts of original jurisdiction for civil and criminal cases; often have juries –De novo – when a court of general jurisdiction hears an appeal from a court of limited jurisdiction

32. 1-32 Judicial Review –The right of any court to declare any law or official governmental action invalid because it violates a constitutional provision –State and federal courts both have this power

33. 1-33 Lawsuits Civil suits –A dispute between two private parties –Plaintiff – initiates the civil suit and can be awarded monetary damages if he/she wins –Defendant – the person to whom the suit is aimed

34. 1-34 Lawsuits Civil Suits –A complaint would include: 1.Statement of the relevant facts upon which the plaintiff is suing 2.Legal theory or theories (causes of action) upon which the plaintiff is suing 3.Request for a remedy or relief (typically monetary damages)

35. 1-35 Lawsuits Civil suits –Answer – a response to the a complaint filed in court –Demurrer – a motion to dismiss a civil suit Judicial instructions – instructions by judges to guide the jury –Verdict – the action by the jury in the case –Judgment of the court – decision of the court announced by the judge

36. 1-36 Lawsuits Civil suits –Appellant – the party seeking an appeal of the lower court decision –Appellee or respondent – the party challenged on appeal –Damages – the outcome of a civil trial; a monetary award

37. 1-37 Kinds of Lawsuits Criminal Prosecutions –The state brings charges against a private person (defendant) In federal cases, persons must be indicted by a federal grand jury (a panel of 16-23 citizens) –Information – a formal accusation by a state prosecutor –Arraignment – the formal reading of the criminal charge

38. 1-38 Kinds of Lawsuits Criminal Prosecutions –If the state wins the case, the defendant is fined, jailed or otherwise punished