MC 401 – Bauer – 2026 – Study Guide and Practice Material
Common Law - correct answer ✔✔ Judge-made law that originated in England (inductive,
deductive, and sets a precedent)
inductively - correct answer ✔✔ what decisions were made in the past, past adjudications are
factored in to the
development of common law
deductively - correct answer ✔✔ law develops from decisions made
precedent - correct answer ✔✔ timeless legal standard
stare decisis - correct answer ✔✔ let the decision stand
Options if precedent is bad - correct answer ✔✔ Accept/Follow
Modify/Update
Distinguish
Overrule
overrule - correct answer ✔✔ Only ______ in cases where new
facts/knowledge/circumstances/social values are in play. (very rare)
Equity Law - correct answer ✔✔ judge made and supplementary to common law with more
flexible rules and procedures, no juries, judicial decrees. (seeks remedies beyond damages)
Judicial Decree - correct answer ✔✔ A judgment of a court of equity; a declaration of the court
announcing the legal consequences of the facts found to be true by the court.
,typical remedies in equity law - correct answer ✔✔ Temporary restraining order (TRO)
Preliminary injunction
Permanent injunction
Statutory Law - correct answer ✔✔ legislature made with uniform rules and solutions to social
problems, can anticipate problems. (unlike common law which is reactive)
statutory - correct answer ✔✔ all criminal laws are _________
statutory construction - correct answer ✔✔ the way the law is interpreted (facial and as-applied
challeneges)
facial challenge - correct answer ✔✔ a laws constitutionality based on its text
as-applied challenge - correct answer ✔✔ Particular application of a statute is unconstitutional.
constitutional law - correct answer ✔✔ supreme law of the land, establishes basic rules and
limits of law and government processes (basis of mass media law)
broader, narrower - correct answer ✔✔ state constitutions can offer ______ but not _________
protections than the us constitution
Final arbiter of statutory construction - correct answer ✔✔ supreme court
void for vagueness - correct answer ✔✔ law will be declared unconstitutional if a person of
reasonable and ordinary intelligence would not be able to tell what speech is and is not allowed
, Overbreadth - correct answer ✔✔ a law can be declared unconstitutional if it is so broad that it
risks prohibiting constitutionally protected speech
executive order - correct answer ✔✔ order that has the power of law, can be challenged by
court or legislature
Administrative rules - correct answer ✔✔ created agencies to make laws for their respective
fields
limited - correct answer ✔✔ courts have _________ power to review decisions made by
administrative agencies.
Fairness doctrine - correct answer ✔✔ An FCC requirement that broadcasters who air programs
on controversial issues provide equal time for opposing views
50 - correct answer ✔✔ how many state courts are there?
trial court - correct answer ✔✔ judge or jury, assesses facts, first court you go to
state appellate court - correct answer ✔✔ judge only, assesses application of law - not facts -
some states have 2 levels (including Alabama)
District courts - correct answer ✔✔ lowest level of federal courts - trial court of the federal
system (94)
federal appellate court - correct answer ✔✔ 13 circuits, 3 judges - en banc - 9th largest is the
most overruled, AL is in the 11th
Common Law - correct answer ✔✔ Judge-made law that originated in England (inductive,
deductive, and sets a precedent)
inductively - correct answer ✔✔ what decisions were made in the past, past adjudications are
factored in to the
development of common law
deductively - correct answer ✔✔ law develops from decisions made
precedent - correct answer ✔✔ timeless legal standard
stare decisis - correct answer ✔✔ let the decision stand
Options if precedent is bad - correct answer ✔✔ Accept/Follow
Modify/Update
Distinguish
Overrule
overrule - correct answer ✔✔ Only ______ in cases where new
facts/knowledge/circumstances/social values are in play. (very rare)
Equity Law - correct answer ✔✔ judge made and supplementary to common law with more
flexible rules and procedures, no juries, judicial decrees. (seeks remedies beyond damages)
Judicial Decree - correct answer ✔✔ A judgment of a court of equity; a declaration of the court
announcing the legal consequences of the facts found to be true by the court.
,typical remedies in equity law - correct answer ✔✔ Temporary restraining order (TRO)
Preliminary injunction
Permanent injunction
Statutory Law - correct answer ✔✔ legislature made with uniform rules and solutions to social
problems, can anticipate problems. (unlike common law which is reactive)
statutory - correct answer ✔✔ all criminal laws are _________
statutory construction - correct answer ✔✔ the way the law is interpreted (facial and as-applied
challeneges)
facial challenge - correct answer ✔✔ a laws constitutionality based on its text
as-applied challenge - correct answer ✔✔ Particular application of a statute is unconstitutional.
constitutional law - correct answer ✔✔ supreme law of the land, establishes basic rules and
limits of law and government processes (basis of mass media law)
broader, narrower - correct answer ✔✔ state constitutions can offer ______ but not _________
protections than the us constitution
Final arbiter of statutory construction - correct answer ✔✔ supreme court
void for vagueness - correct answer ✔✔ law will be declared unconstitutional if a person of
reasonable and ordinary intelligence would not be able to tell what speech is and is not allowed
, Overbreadth - correct answer ✔✔ a law can be declared unconstitutional if it is so broad that it
risks prohibiting constitutionally protected speech
executive order - correct answer ✔✔ order that has the power of law, can be challenged by
court or legislature
Administrative rules - correct answer ✔✔ created agencies to make laws for their respective
fields
limited - correct answer ✔✔ courts have _________ power to review decisions made by
administrative agencies.
Fairness doctrine - correct answer ✔✔ An FCC requirement that broadcasters who air programs
on controversial issues provide equal time for opposing views
50 - correct answer ✔✔ how many state courts are there?
trial court - correct answer ✔✔ judge or jury, assesses facts, first court you go to
state appellate court - correct answer ✔✔ judge only, assesses application of law - not facts -
some states have 2 levels (including Alabama)
District courts - correct answer ✔✔ lowest level of federal courts - trial court of the federal
system (94)
federal appellate court - correct answer ✔✔ 13 circuits, 3 judges - en banc - 9th largest is the
most overruled, AL is in the 11th
