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JRN 430 Final answers

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JRN 430 Final answers Sheppard was jailed for murdering his wife, but the ruling was overturned after an 8 to-1 decision from the Supreme Court found that Sheppard did not receive a fair trial. Received too much media coverage and jury was able to leave courthouse and read all of that so they were bias. Ruled that trial judge should have either postponed the proceedings or transferred them to a different venue.Sheppard v. Maxwell - Miller: mass mailing of obscene material. -Court HELD that obscene materials don't have 1st amendment rights. -Modified obscenity test: Miller test (3-prong) Standard still in place today. In its aftermath, sexual-themed materials are more available.Miller v. California (1973) Virginia Citizens Consumer Council challenged Virginia statute that declared it unprofessional conduct for licensed pharmacists to advertise prescription drug prices. Supreme Court ruled first amendment applied & prices could be advertised.Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council (1976) -Part of the criteria for determining obscenity in Miller v. California (1973) -Work is considered obscene if it lacks "literary, artistic, political or "scientific"

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JRN 430
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JRN 430 FINAL EXAM and answers
Information and News is a ___✔✔Commodity

Definition of Jurisdiction✔✔An area of authority or control; the right to administer
justice

Two areas of Jurisdiction✔✔Geographic and Subject Matter (Topical)

Definition of Geographical Jurisdiction✔✔The area encompassed by physical
boundaries prescribed by the state or local law

Definition of Subject Matter (Topical) Jurisdiction✔✔The different types of subject
matter each court deals with

Definition of Common Law✔✔A legal system based on custom and court rulings

Definition of Civil Law✔✔A law that governs relationships between individuals and
defines their legal rights

Major Difference between Common Law and Civil Law✔✔Common law establishes
legal concepts by judicial rulings and precedents, while civil law establishes legal
concepts by the codified statues

Definition of Rule of Law✔✔The framework of a society in which pre-established
norms and procedures provide for consistent, neutral decision making

4 Principles of the Rule of Law✔✔1. All individuals are private entities are
accountable under the law
2. The laws are clear, public, stable, and just; are applied evenly; and protect
fundamental rights
3. The process by which the laws are enacted, administered, and enforced is
accessible and fair
4. Justice is delivered in a timely manner by competent, ethical, independent, and
neutral representatives who serve the public good

Definition of Affirm✔✔To ratify, uphold or approve a lower court ruling

Definition of Overrule✔✔To reverse the ruling of a lower court ruling

Definition of Concurring Opinion✔✔A separate opinion of a minority of the court or a
single judge or justice agreeing with the majority opinion but applying different
reasoning or legal principles

Definition of Dissenting Opinion✔✔A separate opinion of a minority of the court or a
single judge or justice disagreeing with the result reached by the majority and
challenging the majority's reasoning or the legal basis of the decision

, Definition of Remand✔✔To send back to the lower court for further action

Definition of Judicial Review✔✔The power of the courts to declare laws
unconstitutional

Who uses the power of judicial review the most?✔✔US Supreme Court

Definition of an Originalist✔✔Supreme Court justices who interpret the Constitution
according to the perceived intent of its framers

Definition of a Textualist✔✔Supreme Court justices who rely exclusively on a careful
reading of legal texts to determine the meaning of the law

Six Sources of Law✔✔Constitutions, statues, equity law, common law,
administrative law, and executive orders

Definition of Doctrines✔✔Principles or theories of law

Definition of Tests✔✔A commonly applied method of evaluation used to resolve
matters

Definition of Plaintiff✔✔Person who is suing in a civil case

Definition of Respondent✔✔Person who is being sued in a civil case

Definition of Defendant✔✔Person being prosecuted in a criminal case

Definition of Tort✔✔A private or civil wrong for which a court can provide remedy in
the form of damages

Definition of Damages✔✔A sum of money paid in compensation for loss or injury in
a civil case

When was the First Amendment adopted?✔✔1791

What is the First Amendment?✔✔Freedom of speech, press, religion, and assembly

Is it easy for the Court to apply the First Amendment to the freedom of press?✔✔No,
especially in today's media, the First Amendment deals with a very different type of
press

Are First Amendment protections absolute?✔✔No, the courts tend to balance the
interests at stake

Definition of Content-Neutral Laws✔✔Laws that incidentally and unintentionally
affect speech as they advance other important government interests

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