Media Law Exam #1 – Freedom of Expression, Press Law, and Media Regulation
Study Guide
Common Law - correct answer ✔✔*judge made of discovered law
*Each state has its own common law, although there are many similarities between the law in
the various states.
-Precedential within a given jurisdiction
e.g., Libel and invasion of privacy are governed primarily by state common law
What is precedent in common law? - correct answer ✔✔*Precedent
-An established rule of law created by a previous court decision, or...
-An earlier case furnishing the rule of law that is binding on the disposition of the current case
Stable Laws = Stable Community
EX: according to the precedent established in blah blah.... Or saying Denver Publishing Law v.
Buenos is precedent
-Specific case name or rule or law established by that case
- why legal scholars, judges & lawyers study cases.
-There is a value to being able to predict and understand the development of doctrine.
Describe stare decisis involved with common law - correct answer ✔✔*Latin: "Let the decision
stand" *Literally, to hold to the decision.
-This doctrine is the foundation for common law and means that judges should rely on
precedent when deciding similar cases.
-Very important concept: judges should follow precedent when deciding similar cases
What can courts do with common law/how can law change? - correct answer ✔✔*Accept a
precedent
-Judge can say I will accept or follow that precedent
,-But there are multiple precedents that can have conflicting things so lawyers argue which one
is right
*Modify a precedent
-A judge can say yes this precedent is what we used to do and was set in 1960s but I'm going to
modify it
*Establish a new precedent
-Here is the new precedent we're going to use from now on, things are changing.
*Overrule a precedent
-If they think past precedent is bad
-We don't want to do this anymore and want to change
-Happens very very rarely
-In entire 200 year history they have overruled themselves less than 300 times
-Do not like to admit when they get it wrong
*Ignore the precedent
-Typically this happens
-Can overrule it or accept it but ignore the past precedent
Equity Law - correct answer ✔✔*Judges use principles of "fairness" rather than precedent
*Supplement to common law
Describe extraordinary writs within equity law - correct answer ✔✔*Court order-To do
something or not to do something
*Habeus corpus
-court ordering the govt. to produce a prisoner in order for the prisoner to have the detention
heard at a judicial
*Injunctions
-Courts ordering people not to do things
,-Permanent injunction: court order telling someone to stop
*Restraining orders
-courts ordering people not to do things
*Mandamus
-court is ordering someone to do something
What's an example from communication law within equity courts? - correct answer ✔✔-Acting
as an equity court, a court will issue an injunction against publication
-Violating a court order can lead to severe punishment
Statutory Law - correct answer ✔✔*Popularly elected bodies enact laws for the common
good.Typically what we think of as "the law"
-Congress passed the law today... etc.
-Popularly elected bodies enact laws for the common good
*Examples from communication law:
-Federal law: copyright, advertising, broadcasting, FOIA (Freedom of Information Act)
-State law: libel, shield laws, access laws, CORA (colorado open records act)
-Local ordinances: sign regulations
Constitutional Law - correct answer ✔✔-U.S. Constitution
*Supreme law of the land
-Other laws must be consistent with the U.S. Constitution
*Why? The constitution says we have to follow constitution
-The supremacy clause: Article VI
-Set the floor but not the ceilings
-can't guarantee less rights
-state and federal laws must be consistent with constitution
, -a document of enumerated powers
-lots of different bearings powers, things it can control
-the only powers we have are laid out in document-lays out what govt. can do
*preamble
-seven articles
*Article 1
-Congress
*Article 2
-Executive/President
*Article 3
-Judicial branch
*Bill of rights
-First ten are the most important
*27 amendments
-Only 26 in effect
-Prohibition
*One amendment effectively gets rid of the other one
-State constitutions
*Enacted by all states
*City charters
-What a city can do and not do
*Points
-Provides a plan for the establishment and organization of govt.
-Outlines duties, responsibilities and powers of various elements or branches of govt.
Study Guide
Common Law - correct answer ✔✔*judge made of discovered law
*Each state has its own common law, although there are many similarities between the law in
the various states.
-Precedential within a given jurisdiction
e.g., Libel and invasion of privacy are governed primarily by state common law
What is precedent in common law? - correct answer ✔✔*Precedent
-An established rule of law created by a previous court decision, or...
-An earlier case furnishing the rule of law that is binding on the disposition of the current case
Stable Laws = Stable Community
EX: according to the precedent established in blah blah.... Or saying Denver Publishing Law v.
Buenos is precedent
-Specific case name or rule or law established by that case
- why legal scholars, judges & lawyers study cases.
-There is a value to being able to predict and understand the development of doctrine.
Describe stare decisis involved with common law - correct answer ✔✔*Latin: "Let the decision
stand" *Literally, to hold to the decision.
-This doctrine is the foundation for common law and means that judges should rely on
precedent when deciding similar cases.
-Very important concept: judges should follow precedent when deciding similar cases
What can courts do with common law/how can law change? - correct answer ✔✔*Accept a
precedent
-Judge can say I will accept or follow that precedent
,-But there are multiple precedents that can have conflicting things so lawyers argue which one
is right
*Modify a precedent
-A judge can say yes this precedent is what we used to do and was set in 1960s but I'm going to
modify it
*Establish a new precedent
-Here is the new precedent we're going to use from now on, things are changing.
*Overrule a precedent
-If they think past precedent is bad
-We don't want to do this anymore and want to change
-Happens very very rarely
-In entire 200 year history they have overruled themselves less than 300 times
-Do not like to admit when they get it wrong
*Ignore the precedent
-Typically this happens
-Can overrule it or accept it but ignore the past precedent
Equity Law - correct answer ✔✔*Judges use principles of "fairness" rather than precedent
*Supplement to common law
Describe extraordinary writs within equity law - correct answer ✔✔*Court order-To do
something or not to do something
*Habeus corpus
-court ordering the govt. to produce a prisoner in order for the prisoner to have the detention
heard at a judicial
*Injunctions
-Courts ordering people not to do things
,-Permanent injunction: court order telling someone to stop
*Restraining orders
-courts ordering people not to do things
*Mandamus
-court is ordering someone to do something
What's an example from communication law within equity courts? - correct answer ✔✔-Acting
as an equity court, a court will issue an injunction against publication
-Violating a court order can lead to severe punishment
Statutory Law - correct answer ✔✔*Popularly elected bodies enact laws for the common
good.Typically what we think of as "the law"
-Congress passed the law today... etc.
-Popularly elected bodies enact laws for the common good
*Examples from communication law:
-Federal law: copyright, advertising, broadcasting, FOIA (Freedom of Information Act)
-State law: libel, shield laws, access laws, CORA (colorado open records act)
-Local ordinances: sign regulations
Constitutional Law - correct answer ✔✔-U.S. Constitution
*Supreme law of the land
-Other laws must be consistent with the U.S. Constitution
*Why? The constitution says we have to follow constitution
-The supremacy clause: Article VI
-Set the floor but not the ceilings
-can't guarantee less rights
-state and federal laws must be consistent with constitution
, -a document of enumerated powers
-lots of different bearings powers, things it can control
-the only powers we have are laid out in document-lays out what govt. can do
*preamble
-seven articles
*Article 1
-Congress
*Article 2
-Executive/President
*Article 3
-Judicial branch
*Bill of rights
-First ten are the most important
*27 amendments
-Only 26 in effect
-Prohibition
*One amendment effectively gets rid of the other one
-State constitutions
*Enacted by all states
*City charters
-What a city can do and not do
*Points
-Provides a plan for the establishment and organization of govt.
-Outlines duties, responsibilities and powers of various elements or branches of govt.
