MEJO 341 EXAM 1 STUDY GUIDE
What are the 4 types of law? - Answers - Common, statutory, constitutional,
administrative
Common Law - Answers - Law that comes out of the courts
Stare decisis - Answers - "let the decision stand"
Precedent - Answers - basis for all other decision in that subject going forward
Due process of law - Answers - same expectations to the way law applies to all of us
judicial restraint vs. judicial activism - Answers - those who practice judicial restraint
have a greater willingness to accept lower court decisions and defer to other branches
of government.
Judicial activism is wanting to challenge them
Statutory Law - Answers - Made by legislators. On the federal, state, or local level
Examples of Federal statutory law - Answers - copyright, advertising, broadcasting
Examples of State statutory law - Answers - libel, shield law
Examples of local statutory law - Answers - ordinances, open container laws, signage
laws
Constitutional law - Answers - stated in the constitution (the first amendment)
First Amendment protects freedom of: - Answers - religion (establishment and exercise)
speech
petition
assembly
press
Judicial review - Answers - gives courts power to decide invalid any act or official act
that is unconstitutional.
Comes from Marbury v Madison, but not explicitly stated in the constitution
Administrative law - Answers - law made by regulatory agencies to deal with complex
technical issues.
Ex: FCC, FTC, copyright office, trademark
, 2 courts in the court system - Answers - trial courts and appellate courts
Trial courts - Answers - find facts and apply the law (juries, witnesses)
Appellate courts - Answers - only review the law (no juries or witnesses).
Under what circumstances can you appeal your case? - Answers - on the basis of the
law or if due process was not met
Writ of certiorari - Answers - a petition to get your case heard by the US Supreme Court
US Supreme Court Justices - Answers - Chief Justice - John Roberts
Elena Kagan
Stephen Breyer
Sonia Sotomayor
Ruth Bader Ginsberg
Neil Gorsuch
Samuel Alito
Clarence Thomas
Anthony Kennedy
How does a justice get on the US Supreme Court? - Answers - nominated by the
president, approved by the senate, and serves for life.
US Court of Appeals - Answers - 13 circuits
NC is in the 4th circuit
The DC Circuit hears all FCC appeals cases
NC Court System - Answers - Supreme Court - 6 justices + chief justice
Court of Appeals
Superior Courts - >$25,000 for civil cases, felonies/appeals of misdemeanors for
criminal cases
District Courts - civil, criminal, juvenile, magisterial (traffic court)
Difference between civil and criminal cases - Answers - Civil - consequences are
damages, fines
Criminal - consequences are prison/fines, state is the plaintiff
History of the First Amendment - Answers - - Development of printing press 15th
century in England
- Started tearing apart social, political fabric of Europe
- Began with ideas of censorship enforced by Henry VIII (licensing and taxation)
Licensing in Great Britain (1530) - Answers - publishers must be licensed to print (type
of prior restraint)
What are the 4 types of law? - Answers - Common, statutory, constitutional,
administrative
Common Law - Answers - Law that comes out of the courts
Stare decisis - Answers - "let the decision stand"
Precedent - Answers - basis for all other decision in that subject going forward
Due process of law - Answers - same expectations to the way law applies to all of us
judicial restraint vs. judicial activism - Answers - those who practice judicial restraint
have a greater willingness to accept lower court decisions and defer to other branches
of government.
Judicial activism is wanting to challenge them
Statutory Law - Answers - Made by legislators. On the federal, state, or local level
Examples of Federal statutory law - Answers - copyright, advertising, broadcasting
Examples of State statutory law - Answers - libel, shield law
Examples of local statutory law - Answers - ordinances, open container laws, signage
laws
Constitutional law - Answers - stated in the constitution (the first amendment)
First Amendment protects freedom of: - Answers - religion (establishment and exercise)
speech
petition
assembly
press
Judicial review - Answers - gives courts power to decide invalid any act or official act
that is unconstitutional.
Comes from Marbury v Madison, but not explicitly stated in the constitution
Administrative law - Answers - law made by regulatory agencies to deal with complex
technical issues.
Ex: FCC, FTC, copyright office, trademark
, 2 courts in the court system - Answers - trial courts and appellate courts
Trial courts - Answers - find facts and apply the law (juries, witnesses)
Appellate courts - Answers - only review the law (no juries or witnesses).
Under what circumstances can you appeal your case? - Answers - on the basis of the
law or if due process was not met
Writ of certiorari - Answers - a petition to get your case heard by the US Supreme Court
US Supreme Court Justices - Answers - Chief Justice - John Roberts
Elena Kagan
Stephen Breyer
Sonia Sotomayor
Ruth Bader Ginsberg
Neil Gorsuch
Samuel Alito
Clarence Thomas
Anthony Kennedy
How does a justice get on the US Supreme Court? - Answers - nominated by the
president, approved by the senate, and serves for life.
US Court of Appeals - Answers - 13 circuits
NC is in the 4th circuit
The DC Circuit hears all FCC appeals cases
NC Court System - Answers - Supreme Court - 6 justices + chief justice
Court of Appeals
Superior Courts - >$25,000 for civil cases, felonies/appeals of misdemeanors for
criminal cases
District Courts - civil, criminal, juvenile, magisterial (traffic court)
Difference between civil and criminal cases - Answers - Civil - consequences are
damages, fines
Criminal - consequences are prison/fines, state is the plaintiff
History of the First Amendment - Answers - - Development of printing press 15th
century in England
- Started tearing apart social, political fabric of Europe
- Began with ideas of censorship enforced by Henry VIII (licensing and taxation)
Licensing in Great Britain (1530) - Answers - publishers must be licensed to print (type
of prior restraint)
