Law of Mass Communication Exam Bank Solution Manual (Already Passed)
Why is it important to study media law? - Answers 1) Laws change, sometimes overnight
2) Situations can change outcomes of a legal case
3) Laws differ from state to state
Where do laws come from? - Answers -6 sources:
U.S Constitution & Sate Constitution
Statutes
Administrative Agencies
Executive Branch
Common Law
Law of Equity
Why do we have laws? - Answers 1) To ensure freedom (Bill of Rights) limits government control over
our lives (Positive)
2) To provide stability, order and security by controlling and punishing certain behavior (Negative)
What are the sources of our laws? - Answers Statutes
Administrative Law
Common Law
How are courts structured? - Answers STATE:
1) Trial Court (District/Circuit Court)
2) Appellate Court
3) Supreme Court
FEDERAL:
1) U.S. District Court
2) Court of Appeals
3) U.S. Supreme Court
,What is the difference between federal and state systems and trial and appellate courts? - Answers
Cases are decided to go to fed or state by jurisdiction
1) Territory- State laws start in state court
-Fed laws go to fed court
2) Subject Matter- If a state law violates the U.S. Constitution, you can start in Fed court
-Fed court interprets constitution
-Fed court takes cases between citizens of different states
What is jurisdiction? Why is it important? - Answers The authority of a court. A court has this over
subject matter when constitutions or statutes give it the power to decide cases relating to the subject.
1)Federal- Broadcast, cable, copyright, patent
2)Shared- Trademark, corporate speech, adv. regs, anti-trust law, obscenity (State laws can't conflict w/
Fed!)
3)State- privacy torts, libel, access to meeting records
What is the difference between civil and criminal cases? - Answers 1) Criminal- Government enforcing
criminal statutes (Jail or fine)
2) Civil- Disputes between citizens ($)
How do cases proceed through the
criminal justice system? - Answers 1) Investigation
2) Arrest
3) Preliminary hearing- Determine if there is probable cause (Bail set)
4) Indictment- Formal accusation by the grand jury
5) Arraignment- Formal reading of charges
6) Dismissal or trial
How do disputes proceed through the civil system? - Answers 1) Plaintiff sues defendant for damages
(files civil complaint)
2) Defendant is served with summons
,3) Discovery (gather info about complaint)
4) Answer (Defendant responds)
5) Judgement or Summary Judgement
What is the Supreme Court review process? - Answers 1) Begins with a petition- someone asking review
2) 1 defense and 1 prosecuting attorney argue with 9 justices for 30 minutes
3) After trial, justices decide in private together
4) One justice writes opinion (longest process)
5) PIO releases opinions to press in June (Judgement Day)
How are Federal Supreme Court justices appointed? - Answers For life by the president
9 Justices
How are State Supreme Court justices appointed? - Answers Democratic election
7 Justices
Why are Supreme Court justice's decisions important? - Answers Rulings can establish precedents where
future cases are ruled on based on earlier case. (Stare decisis)
majority opinion - Answers Must have 5 justices in agreement to achieve
plurality opinion - Answers -There is no majority: court is split (4 - 3 - 2 or something like that)
-All justices agree on outcome but don't all agree on reasoning.
-The individual or smaller groups of judges all write their own opinions.
dissenting opinion - Answers Opinion from the minority (losing) side of the case.
Can be helpful in overturning ruling years later
concurring opinion - Answers Justice agrees with majority opinion, but not for the same reasoning.
stare decisis - Answers "Let it stand"
Legal principal where judges resolve to adhere to PRECEDENTS- ruling from previous (similar) cases.
Very binding for future decisions
What are precedents?
Why are they important? - Answers Cases that help establish legal principal of stare decisis.
, Supreme Court rulings are most important
Writ of Certiorari - Answers -Written petition to Supreme Court to review case
-Beginning of the Supreme Court review process
Briefs - Answers Pleadings filed by attorneys
The initial legal argument
Remand - Answers Case sent back down to lower court from appellate
Arrest - Answers To deprive a person of his/her liberty by legal authority by taking custody for the
purpose of holding him/her to answer a criminal charge or civil demand.
Prosecution - Answers A process against a defendant for an alleged criminal action.
Prosecutor - Answers One who takes charge of a criminal case and performs function of the trial lawyer
for the people and prosecutes in the name of the government.
Defendant - Answers Person defending or denying charges. In criminal case, person accused of a crime.
Indictment - Answers Issued by grand jury charging a person has committed some crime.
Grand Jury - Answers Citizens, whose number varies from state to state, who determine whether
probable cause exists that a crime has been committed and whether an indictment should be returned
against someone for a crime. Selected randomly and these jurors usually serve for a "term" sometimes
months, even years.
Probable cause - Answers Legal standard used by judges, law enforcement and grand juries to believe
that the accused person in a criminal case had committed the crime charged, or in a civil case, that a
cause of action existed. Hearing where state must show sufficient evidence to continue hearing.
Bail - Answers Money used to get out of jail.
Arraignment - Answers Formal reading of the charges (must generally happen within 24 hours of the
arrest).
Plea Bargain - Answers Process by which prosecutor and defense counsel attempt to resolve case by
guilty plea with an agreed upon sentence to be submitted to a trial judge for approval or disapproval.
Verdict - Answers The formal and unanimous decision or finding made by a jury, reported to the court
and accepted by it.
Plaintiff - Answers The party bringing the lawsuit, filing the legal case.
Defendant - Answers Person being sued.
Why is it important to study media law? - Answers 1) Laws change, sometimes overnight
2) Situations can change outcomes of a legal case
3) Laws differ from state to state
Where do laws come from? - Answers -6 sources:
U.S Constitution & Sate Constitution
Statutes
Administrative Agencies
Executive Branch
Common Law
Law of Equity
Why do we have laws? - Answers 1) To ensure freedom (Bill of Rights) limits government control over
our lives (Positive)
2) To provide stability, order and security by controlling and punishing certain behavior (Negative)
What are the sources of our laws? - Answers Statutes
Administrative Law
Common Law
How are courts structured? - Answers STATE:
1) Trial Court (District/Circuit Court)
2) Appellate Court
3) Supreme Court
FEDERAL:
1) U.S. District Court
2) Court of Appeals
3) U.S. Supreme Court
,What is the difference between federal and state systems and trial and appellate courts? - Answers
Cases are decided to go to fed or state by jurisdiction
1) Territory- State laws start in state court
-Fed laws go to fed court
2) Subject Matter- If a state law violates the U.S. Constitution, you can start in Fed court
-Fed court interprets constitution
-Fed court takes cases between citizens of different states
What is jurisdiction? Why is it important? - Answers The authority of a court. A court has this over
subject matter when constitutions or statutes give it the power to decide cases relating to the subject.
1)Federal- Broadcast, cable, copyright, patent
2)Shared- Trademark, corporate speech, adv. regs, anti-trust law, obscenity (State laws can't conflict w/
Fed!)
3)State- privacy torts, libel, access to meeting records
What is the difference between civil and criminal cases? - Answers 1) Criminal- Government enforcing
criminal statutes (Jail or fine)
2) Civil- Disputes between citizens ($)
How do cases proceed through the
criminal justice system? - Answers 1) Investigation
2) Arrest
3) Preliminary hearing- Determine if there is probable cause (Bail set)
4) Indictment- Formal accusation by the grand jury
5) Arraignment- Formal reading of charges
6) Dismissal or trial
How do disputes proceed through the civil system? - Answers 1) Plaintiff sues defendant for damages
(files civil complaint)
2) Defendant is served with summons
,3) Discovery (gather info about complaint)
4) Answer (Defendant responds)
5) Judgement or Summary Judgement
What is the Supreme Court review process? - Answers 1) Begins with a petition- someone asking review
2) 1 defense and 1 prosecuting attorney argue with 9 justices for 30 minutes
3) After trial, justices decide in private together
4) One justice writes opinion (longest process)
5) PIO releases opinions to press in June (Judgement Day)
How are Federal Supreme Court justices appointed? - Answers For life by the president
9 Justices
How are State Supreme Court justices appointed? - Answers Democratic election
7 Justices
Why are Supreme Court justice's decisions important? - Answers Rulings can establish precedents where
future cases are ruled on based on earlier case. (Stare decisis)
majority opinion - Answers Must have 5 justices in agreement to achieve
plurality opinion - Answers -There is no majority: court is split (4 - 3 - 2 or something like that)
-All justices agree on outcome but don't all agree on reasoning.
-The individual or smaller groups of judges all write their own opinions.
dissenting opinion - Answers Opinion from the minority (losing) side of the case.
Can be helpful in overturning ruling years later
concurring opinion - Answers Justice agrees with majority opinion, but not for the same reasoning.
stare decisis - Answers "Let it stand"
Legal principal where judges resolve to adhere to PRECEDENTS- ruling from previous (similar) cases.
Very binding for future decisions
What are precedents?
Why are they important? - Answers Cases that help establish legal principal of stare decisis.
, Supreme Court rulings are most important
Writ of Certiorari - Answers -Written petition to Supreme Court to review case
-Beginning of the Supreme Court review process
Briefs - Answers Pleadings filed by attorneys
The initial legal argument
Remand - Answers Case sent back down to lower court from appellate
Arrest - Answers To deprive a person of his/her liberty by legal authority by taking custody for the
purpose of holding him/her to answer a criminal charge or civil demand.
Prosecution - Answers A process against a defendant for an alleged criminal action.
Prosecutor - Answers One who takes charge of a criminal case and performs function of the trial lawyer
for the people and prosecutes in the name of the government.
Defendant - Answers Person defending or denying charges. In criminal case, person accused of a crime.
Indictment - Answers Issued by grand jury charging a person has committed some crime.
Grand Jury - Answers Citizens, whose number varies from state to state, who determine whether
probable cause exists that a crime has been committed and whether an indictment should be returned
against someone for a crime. Selected randomly and these jurors usually serve for a "term" sometimes
months, even years.
Probable cause - Answers Legal standard used by judges, law enforcement and grand juries to believe
that the accused person in a criminal case had committed the crime charged, or in a civil case, that a
cause of action existed. Hearing where state must show sufficient evidence to continue hearing.
Bail - Answers Money used to get out of jail.
Arraignment - Answers Formal reading of the charges (must generally happen within 24 hours of the
arrest).
Plea Bargain - Answers Process by which prosecutor and defense counsel attempt to resolve case by
guilty plea with an agreed upon sentence to be submitted to a trial judge for approval or disapproval.
Verdict - Answers The formal and unanimous decision or finding made by a jury, reported to the court
and accepted by it.
Plaintiff - Answers The party bringing the lawsuit, filing the legal case.
Defendant - Answers Person being sued.
