MC 401 – Exam 1 – 2026 – Study Guide and Practice
Material
Law is influenced by - correct answer ✔✔ morals, ethics, religion, etc.
Sources of law - correct answer ✔✔ First is the constitution - highest law of the land, most
important, powerful place. Every state has a constitution, too. AL's is the longest.
Constitution is a very important "bread and butter" element for us. We will use it a lot. - correct
answer ✔✔ Also, it contains the 1st Amendment.
Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the Government for a redress of grievances.
religion, speech, press, assembly, petition
It's rather vague, like many laws. It's hard to interpret how it applies to a number of issues. EX:
State of Calif. outlawed violent video games. Is that constitutional?
Also, Congress is an important word here. What about the executive branch? This may not
indicate that it covers them, though we understand that it does.
Abridging - correct answer ✔✔ totally limiting or just inconveniencing you?
Freedom of speech - correct answer ✔✔ there are always things you can't say. ex: Fire in a
crowd. Who tells us what these words mean in the Constitution? They get to interpret very
vague language - the very powerful Supreme Court and lower courts
Constitution - correct answer ✔✔ trumps any other form of law. EX: layers can get people off
based on an unlawful search, etc. even if they did the crime - game analogy
,Another major source of law is statutes - correct answer ✔✔ What the average person may
think of as law. Federal statutes - both House and Congress pass and Pres. signs it. State laws
have a process, too. U.S. Code covers many things and can be read through. Statutes means
PASSED BY A LEGISLATURE.
If one conflicts, the Constitution prevails. It trumps others.
Common law - correct answer ✔✔ can seem counterintuitive/odd. It's judge-made law. Long
history of this. Many don't know that judges used to make laws all the time. Developed in
England after the Norman conquest in 1066. The Normans w/ William the Conqueror came to
England from France. Initially, judges were asked to go out and decide the case and did it ad hoc
and not consistently. Eventually, people saw it as wrong. Judges decided to establish a written
reference for their decisions. Like precedence.
Stare decisis - correct answer ✔✔ "let the decision stand" - Further complication - deciding
which 2 cases are similar to apply the right law.
Caveat emptor - correct answer ✔✔ "let the buyer beware" - Common case with common law.
The seller would win. She should have inspected the item before she bought it. Be wary. Now,
this precedence can be applied to a number of cases. What if the horse was sold but the buyer
KNEW that it was ill. Actively misrepresented the situation. Now, caveat emptor has an
exception - fraud. This is how common law developed over 100s of years.
Many states have reception laws - correct answer ✔✔ common laws brought to US in court
from Britain. States have common law, especially at the Supreme Court level. Can have a British
case decided in the US courts if they accept it. Lawyers get to make predictions based on
common law.
Statutes and the Constitution prevail - correct answer ✔✔ over common law. The legislature
eventually wiped out caveat emptor. Now we have consumer protection laws. Defamation and
privacy law are still largely based on common law.
,Now, equity law, which falls at the same level in the hierarchy as common law. - correct answer
✔✔ judge-made, too; descends from England; from religious courts.
Differences b/w Equity and Common Law - correct answer ✔✔ Equity law is much more flexible.
Not as much bounded by precedence. They just want to do the just, equitable thing. Justice; EX:
Who gets the kids in a divorce - not a set regulation - "best interests of the kids"
Equity law can prevent harms. Can't just get money, etc. after the fact like in common law. It
allows you to get an injunction. Tells someone not to do something again - prevents things from
happening.
They have com together now. Equity courts and common law courts are usually together, but
you can ask for either as a remedy.
On the same level of statutes, we have administrative law. - correct answer ✔✔ With
administrative agencies - FCC, FTC, SEC, etc. All can regulate/affect you as a media person.
Congress delegates powers to them by statutes. Passes the force of law to the agencies - can
pass regulations, etc. Debate over how much power they should have. If a court decides that
they violated statutes, then those agencies are done.
Executive Actions - correct answer ✔✔ by the president and executive agencies; ex: veto and
issue executive orders; Most powerful way they affect the law - Judicial appointment. Appoints
justices for the Supreme Court and other courts (state, federal, etc.) Can be a very powerful
positions. Some justices stay for 30-40 years. EX: Now, it's more conservative. Appointing a
more liberal person could affect the laws for years to come.
• Constitution is the highest source of law in the US. 1st Amendment is what we're concerned
with. It's vague.
• Legislatures makes statues. If it conflicts, Constitution prevails. Judges make common law over
time. Stare decisis is a big part of this. Let the decision stand. Follow the earlier case -
, precedent. - correct answer ✔✔ • Statutes prevail over common law. Equity law depends on
fairness and justice and not precedence.
• Two Basic Types of Law: - correct answer ✔✔ o Criminal Law - Criminal law is what people
often think of first. State and federal gov't bring charges to bring you against the crime. Person
is found guilty or not guilty. If the state wins, it gets a conviction. Guilt is criminal law concept.
o Civil Law - Alexander Shenara type law; Not typically the government initiating the case;
Person v. person often brings case or private entities of some sort. Sometimes a corporate
entity. Plaintiff brings the case. The other person is defendant. If defendant loses a civil case,
they're not guilty. They're called liable. Meaning they're responsible. Must pay money or
something. If a plaintiff wins, they get a judgment, meaning they can go after other person's
assets. Just b/c you win a civil case, you get a judgment. Not necessarily money. Get a "hunting
license" to hunt other person's assets. Often have to go find it yourself. Collecting on judgments
is a tricky thing. "Examination of the judgment debtor." You have to find out where their assets
are to seize them. Sometimes they will cut you a check and pay you right off. But if less
reputable, you have to go collect it yourself.
• Criminal Law - correct answer ✔✔ o Crime - a wrong against society, not just the victim.
o State prosecutes (state meaning government)
o Jail time can happen. Possibly a fine. Sentencing.
o Jury must be certain beyond a reasonable doubt. Very high standard. It's better that 10 guilty
people go free than that one innocent person be convicted. We don't want false positives in the
criminal justice system. Somewhere around 90% certainty is what it's often described as. Jury
must be that sure. Prosecutors often must let guilty people go free for this reason.
o What's the primary source of criminal law? Statutory law. Must be the source. Things have to
be written down in advance. Couldn't have a common law of crimes making up as you go along.
Must be firmly in black and white. EX: A guy was found guilty of trying to get someone to kill his
wife. Kansas state didn't have a solicitation of murder law, so he walked. They had to enact one.
• Civil Law - correct answer ✔✔ o Tort - the civil law equivalent of a crime; a civil wrong; ex:
invasion of privacy
o Contracts - a big chunk of these involve contracts and breaches of them
Material
Law is influenced by - correct answer ✔✔ morals, ethics, religion, etc.
Sources of law - correct answer ✔✔ First is the constitution - highest law of the land, most
important, powerful place. Every state has a constitution, too. AL's is the longest.
Constitution is a very important "bread and butter" element for us. We will use it a lot. - correct
answer ✔✔ Also, it contains the 1st Amendment.
Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the Government for a redress of grievances.
religion, speech, press, assembly, petition
It's rather vague, like many laws. It's hard to interpret how it applies to a number of issues. EX:
State of Calif. outlawed violent video games. Is that constitutional?
Also, Congress is an important word here. What about the executive branch? This may not
indicate that it covers them, though we understand that it does.
Abridging - correct answer ✔✔ totally limiting or just inconveniencing you?
Freedom of speech - correct answer ✔✔ there are always things you can't say. ex: Fire in a
crowd. Who tells us what these words mean in the Constitution? They get to interpret very
vague language - the very powerful Supreme Court and lower courts
Constitution - correct answer ✔✔ trumps any other form of law. EX: layers can get people off
based on an unlawful search, etc. even if they did the crime - game analogy
,Another major source of law is statutes - correct answer ✔✔ What the average person may
think of as law. Federal statutes - both House and Congress pass and Pres. signs it. State laws
have a process, too. U.S. Code covers many things and can be read through. Statutes means
PASSED BY A LEGISLATURE.
If one conflicts, the Constitution prevails. It trumps others.
Common law - correct answer ✔✔ can seem counterintuitive/odd. It's judge-made law. Long
history of this. Many don't know that judges used to make laws all the time. Developed in
England after the Norman conquest in 1066. The Normans w/ William the Conqueror came to
England from France. Initially, judges were asked to go out and decide the case and did it ad hoc
and not consistently. Eventually, people saw it as wrong. Judges decided to establish a written
reference for their decisions. Like precedence.
Stare decisis - correct answer ✔✔ "let the decision stand" - Further complication - deciding
which 2 cases are similar to apply the right law.
Caveat emptor - correct answer ✔✔ "let the buyer beware" - Common case with common law.
The seller would win. She should have inspected the item before she bought it. Be wary. Now,
this precedence can be applied to a number of cases. What if the horse was sold but the buyer
KNEW that it was ill. Actively misrepresented the situation. Now, caveat emptor has an
exception - fraud. This is how common law developed over 100s of years.
Many states have reception laws - correct answer ✔✔ common laws brought to US in court
from Britain. States have common law, especially at the Supreme Court level. Can have a British
case decided in the US courts if they accept it. Lawyers get to make predictions based on
common law.
Statutes and the Constitution prevail - correct answer ✔✔ over common law. The legislature
eventually wiped out caveat emptor. Now we have consumer protection laws. Defamation and
privacy law are still largely based on common law.
,Now, equity law, which falls at the same level in the hierarchy as common law. - correct answer
✔✔ judge-made, too; descends from England; from religious courts.
Differences b/w Equity and Common Law - correct answer ✔✔ Equity law is much more flexible.
Not as much bounded by precedence. They just want to do the just, equitable thing. Justice; EX:
Who gets the kids in a divorce - not a set regulation - "best interests of the kids"
Equity law can prevent harms. Can't just get money, etc. after the fact like in common law. It
allows you to get an injunction. Tells someone not to do something again - prevents things from
happening.
They have com together now. Equity courts and common law courts are usually together, but
you can ask for either as a remedy.
On the same level of statutes, we have administrative law. - correct answer ✔✔ With
administrative agencies - FCC, FTC, SEC, etc. All can regulate/affect you as a media person.
Congress delegates powers to them by statutes. Passes the force of law to the agencies - can
pass regulations, etc. Debate over how much power they should have. If a court decides that
they violated statutes, then those agencies are done.
Executive Actions - correct answer ✔✔ by the president and executive agencies; ex: veto and
issue executive orders; Most powerful way they affect the law - Judicial appointment. Appoints
justices for the Supreme Court and other courts (state, federal, etc.) Can be a very powerful
positions. Some justices stay for 30-40 years. EX: Now, it's more conservative. Appointing a
more liberal person could affect the laws for years to come.
• Constitution is the highest source of law in the US. 1st Amendment is what we're concerned
with. It's vague.
• Legislatures makes statues. If it conflicts, Constitution prevails. Judges make common law over
time. Stare decisis is a big part of this. Let the decision stand. Follow the earlier case -
, precedent. - correct answer ✔✔ • Statutes prevail over common law. Equity law depends on
fairness and justice and not precedence.
• Two Basic Types of Law: - correct answer ✔✔ o Criminal Law - Criminal law is what people
often think of first. State and federal gov't bring charges to bring you against the crime. Person
is found guilty or not guilty. If the state wins, it gets a conviction. Guilt is criminal law concept.
o Civil Law - Alexander Shenara type law; Not typically the government initiating the case;
Person v. person often brings case or private entities of some sort. Sometimes a corporate
entity. Plaintiff brings the case. The other person is defendant. If defendant loses a civil case,
they're not guilty. They're called liable. Meaning they're responsible. Must pay money or
something. If a plaintiff wins, they get a judgment, meaning they can go after other person's
assets. Just b/c you win a civil case, you get a judgment. Not necessarily money. Get a "hunting
license" to hunt other person's assets. Often have to go find it yourself. Collecting on judgments
is a tricky thing. "Examination of the judgment debtor." You have to find out where their assets
are to seize them. Sometimes they will cut you a check and pay you right off. But if less
reputable, you have to go collect it yourself.
• Criminal Law - correct answer ✔✔ o Crime - a wrong against society, not just the victim.
o State prosecutes (state meaning government)
o Jail time can happen. Possibly a fine. Sentencing.
o Jury must be certain beyond a reasonable doubt. Very high standard. It's better that 10 guilty
people go free than that one innocent person be convicted. We don't want false positives in the
criminal justice system. Somewhere around 90% certainty is what it's often described as. Jury
must be that sure. Prosecutors often must let guilty people go free for this reason.
o What's the primary source of criminal law? Statutory law. Must be the source. Things have to
be written down in advance. Couldn't have a common law of crimes making up as you go along.
Must be firmly in black and white. EX: A guy was found guilty of trying to get someone to kill his
wife. Kansas state didn't have a solicitation of murder law, so he walked. They had to enact one.
• Civil Law - correct answer ✔✔ o Tort - the civil law equivalent of a crime; a civil wrong; ex:
invasion of privacy
o Contracts - a big chunk of these involve contracts and breaches of them
