The American Legal System Chapter 1. Structure of Judiciary Most states elect judges Federal judges...
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Transcript of The American Legal System Chapter 1. Structure of Judiciary Most states elect judges Federal judges...
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The American Legal SystemChapter 1
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Structure of Judiciary
Most states elect judgesFederal judges
appointed for life
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3 levels in federal, most states
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Supreme Court (as of 2014)
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Some vocabulary
• Complaint & Answer• Discovery• Deposition• Summary Judgment• Arraignment• Indictment• Grand Jury and Petit Jury• Jurisdiction• “American Rule”
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The Alabama court involved in this case found it had no jurisdiction
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Cases of First Impression
We’ve never dealt with this
question before.
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But if there IS a precedent, how to deal with it
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Follow it (stare decisis)
Well I suppose I could…
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Distinguish itOr, if the
precedent does not seem quite the
same . . .
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Modify it
Or, if times have changed. . .
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Overturn it
Of course, I might just
change my mind
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Sources of Communication Law
Constitutions
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First Amendment
Establishment Clause Free Exercise Clause
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First Amendment
Free Speech Clause
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First Amendment
Free Press Clause
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First Amendment
Petition Clause
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Anti-SLAPP suits
"Sicko" suit involved anti-SLAPP statute
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Fourth Amendment
Freedom from “unreasonable” search and seizure
Does not protect newsrooms from all searches
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Fifth Amendment
Equal Protection Media v. Nonmedia Among different media
Due Process Speech as a “liberty” in “life, liberty, or
property”
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Sixth Amendment
Right to a fair, public, and speedy trial Sometimes conflicts with First Amendment
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Article I, Section 8
Enumerates Congressional powers
Includes the right to pass copyright and trademark laws
Sometimes these too seem to conflict with First Amendment ideals
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State Constitutions
Sometimes they mimic the First Amendment wording Some states explicitly give more rights than First
Amendment demands
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Sources of Communication Law
Statutes– can be national, state, or local
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Donald Trump fighting local zoning
law in Florida
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Statutory Construction
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Judicial Review of Statutes
Vagueness Overbreadth Underinclusiveness
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More Specific Tests
• Brandenburg = incitement
Central Hudson = advertising
Miller = obscenity
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Sources of Communication Law
Administrative Agencies
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Sources of Communication Law
Executive Actions Elections do matter
Bush’s post- 9/11 actions Abortion “gag rule” back and forth
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Sources of Communication Law
Common Law [and Equity]
Sometimes called “judge-made law” Decisions based on tradition instead of
a specific statute Balancing predictability with flexibility
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Where to find the precedents?
Sup CtFederal appellate
Federal district courts
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Regional Reporters
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Standard Citation format
576 F.3d 356 (7th Cir. 2009)
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Standard Citation format
576 F.3d 356 (7th Cir. 2009)
(Volume Number)
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Standard Citation format
576 F.3d 356 (7th Cir. 2009)
Name of Publication (Federal Reporter, 3rd Series)
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Standard Citation format
576 F.3d 356 (7th Cir. 2009)
Page number where decision begins
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Standard Citation format
576 F.3d 356 (7th Cir. 2009)
Name of court(Court of Appeals for Seventh Circuit)
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Standard Citation format
576 F.3d 356 (7th Cir. 2009)
Date the court decided
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Trial and Appellate Courts
Questions of fact and of law Clearly Erroneous rule
Holding and DictaDecisions and Opinions
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Types of Opinions
Majority [Plurality]
Concurring
Dissenting