JRN430 Midterm answers
What are the 4 facets of the rule of law✔✔1. Universally applicable
2. Clear, precise & stable
3. Fair & with no undue discretion
4. Timely
What is jurisdiction✔✔where something can be tried geographically
What is common law based on✔✔customs & precedents
What is civil law based on✔✔Roman & Latin law
What is a Writ of Certiorari✔✔order seeking review of a lower court case: granting
review
What does Per Curiam mean✔✔decision sent by the court
How many circuits in the US circuit of appeals✔✔13
What does an originalist believe✔✔the best way to interpret the constitution is to
look at the original intentions of the law
What does a textualist believe✔✔the best way to interpret the constitution is to look
at the literal text of the law
What is an amicus brief✔✔a submission to the court from a friend of the court
What is an amicus curiae✔✔friend of the court
what does it mean to affirm a decision✔✔to approve a lower court ruling
what does it mean to overrule a decision✔✔to reverse the decision
what does it mean to remand a decision✔✔to send the decision back to the lower
court
what is original jurisdiction (SCOTUS)✔✔the authority to consider some types of
cases at inception
what are the 6 sources of law✔✔1. Constitutional law
2. Statutory law
3. Administrative law
4. Executive actions
5. Common law
6. Equity law
, what is constitutional law✔✔law from the constitution: establishes the functions and
limits of the govt
what is statutory law✔✔written law enacted by city, county, state, and federal bodies
what is equity law✔✔the application of general ethical and fairness principles in the
law, made by judge decisions
what is common law✔✔precedent based law
what is administrative law✔✔law made by administrative agencies
what are executive orders✔✔a rule or order issued by the president to an executive
branch of the government and having the force of law
who are civil suits between✔✔two private individuals: plaintiff and defendant
what is demurrer✔✔a motion to dismiss for failing to state a valid cause-of-action:
complaint cannot be remedied by law or is insufficient
what is political speech✔✔any interactive communication that involves political
change
what is prior restraint✔✔a form of censorship done by a govt body or representative:
they review speech/info prior to distribution and stop dissemination before it reaches
the public
what are some examples of constitutional types of censorship?✔✔if the speech is:
-obstructing military recruitment
-publicizing troupe locations, numbers, movements, etc, in times of war
- obscene publication
-inciting violence
-encouraging the forceful overthrowing of the govt
-fighting words that are likely to promote violence
what are some examples of content based laws✔✔symbolic speech and strict
scrutiny
what are some examples of content neutral laws✔✔time/place/manner laws or
intermediate scrutiny
what are some limitations to the first amendment✔✔hate speech, threats, libel,
threats to national security
what are the facets of the incitement test✔✔illegal if speech is:
inciting violence or illegal actions
likely to produce violence or illegal actions
What are the 4 facets of the rule of law✔✔1. Universally applicable
2. Clear, precise & stable
3. Fair & with no undue discretion
4. Timely
What is jurisdiction✔✔where something can be tried geographically
What is common law based on✔✔customs & precedents
What is civil law based on✔✔Roman & Latin law
What is a Writ of Certiorari✔✔order seeking review of a lower court case: granting
review
What does Per Curiam mean✔✔decision sent by the court
How many circuits in the US circuit of appeals✔✔13
What does an originalist believe✔✔the best way to interpret the constitution is to
look at the original intentions of the law
What does a textualist believe✔✔the best way to interpret the constitution is to look
at the literal text of the law
What is an amicus brief✔✔a submission to the court from a friend of the court
What is an amicus curiae✔✔friend of the court
what does it mean to affirm a decision✔✔to approve a lower court ruling
what does it mean to overrule a decision✔✔to reverse the decision
what does it mean to remand a decision✔✔to send the decision back to the lower
court
what is original jurisdiction (SCOTUS)✔✔the authority to consider some types of
cases at inception
what are the 6 sources of law✔✔1. Constitutional law
2. Statutory law
3. Administrative law
4. Executive actions
5. Common law
6. Equity law
, what is constitutional law✔✔law from the constitution: establishes the functions and
limits of the govt
what is statutory law✔✔written law enacted by city, county, state, and federal bodies
what is equity law✔✔the application of general ethical and fairness principles in the
law, made by judge decisions
what is common law✔✔precedent based law
what is administrative law✔✔law made by administrative agencies
what are executive orders✔✔a rule or order issued by the president to an executive
branch of the government and having the force of law
who are civil suits between✔✔two private individuals: plaintiff and defendant
what is demurrer✔✔a motion to dismiss for failing to state a valid cause-of-action:
complaint cannot be remedied by law or is insufficient
what is political speech✔✔any interactive communication that involves political
change
what is prior restraint✔✔a form of censorship done by a govt body or representative:
they review speech/info prior to distribution and stop dissemination before it reaches
the public
what are some examples of constitutional types of censorship?✔✔if the speech is:
-obstructing military recruitment
-publicizing troupe locations, numbers, movements, etc, in times of war
- obscene publication
-inciting violence
-encouraging the forceful overthrowing of the govt
-fighting words that are likely to promote violence
what are some examples of content based laws✔✔symbolic speech and strict
scrutiny
what are some examples of content neutral laws✔✔time/place/manner laws or
intermediate scrutiny
what are some limitations to the first amendment✔✔hate speech, threats, libel,
threats to national security
what are the facets of the incitement test✔✔illegal if speech is:
inciting violence or illegal actions
likely to produce violence or illegal actions
