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Exam (elaborations) JRN 430

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JRN 430 answers Judicial ReviewThe power of the courts to declare laws unconstitutional JurisdictionThe authority of a court to hear a case. 2 types - Geographical - Topical precedentA decision made by a higher court that serves as a basis for deciding similar cases Common LawA legal system based on precedents, established by the courts Unwritten Civil LawA legal system based on a written code of laws Four Principle of Law1.) Individuals and entities are accountable under the law 2.) The laws are clear, stable, and just, applied fairly, and protect fundamental rights. 3.) The process by which law is enacted and enforced is accessible and fair 4.) Justice is delivered in a fair and timely manner. Vague Lawa law that is so unclear that you cannot tell what is being prohibited and what is being allowed Discretion]the authority to determine the proper outcome stare decisisLet the decision stand; decisions are based on precedents from previous cases original jurisdictionThe jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.

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JRN 430
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JRN 430

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JRN 430 Midterm answers
What are the three branches of government?✔✔Legislative, Executive, Judicial

What is common law?✔✔judge made law

Who is part of the legislative branch?✔✔Senate and House of Representatives

Who is part of the Executive Branch?✔✔President, Vice President, Cabinet

What is prior restraint?✔✔The prohibition of expression at its source by the
government; also called censorship

What is Open Marketplace of Ideas?✔✔When all ideas are allowed to be expressed,
the truth will prevail. (no idea is a false idea)

Why is the First Amendment so important?✔✔-It is core to our country
-Enlightenment
-Self-fulfillment (ability to chose whatever you want)
-Self government (make our own choices/community)
-Categorical

Levels of Scrutiny✔✔1. Strict
2. Intermediate
3. Rational Basis

Three instances of Prior Restraint✔✔1. Movement of troop ships
2. Clear and present danger
3. Obscenity

Five elements of libel✔✔Identification, publication, defamation, fault, damages

What five fundamental freedoms does the First Amendment protect?✔✔1. Religion
2. Speech
3. Press
4. Assembly
5. Petition

What is a FOIA?✔✔Freedom of Information Act, gives the public the right to request
access to records from any federal agency

What is libel?✔✔written communication that damages a persons reputation, that
holds a person up to hatred or ridicule

What is defamation?✔✔communication that injure's another reputation, that holds
one to scorn, ridicule or spite. (false and defamatory)

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