Limited time offer 20% OFF StudySoup Subscription details

Texas State - MC - Class Notes - Week 2

Created by: mowiththefro Elite Notetaker

Texas State - MC - Class Notes - Week 2

5 5 3 15 Reviews
This preview shows pages 1 - 2 of a 3 page document. to view the rest of the content
background image MC 4301 Mass Communication Law and Ethics  Spring 2019 Gilbert D. Martinez  
Texas State University 
  Key:  
Key Info to Remember 
Important Concepts/Ideas/Events 
Important Dates 
Important Cases 
  Date: 1/29/2019 
Topic: Chapter One
 
ADDITIONAL SOURCE (7th source of the law) 
- Judicial review (strong check on the legislative and executive branch by the judicial branch)  - 1.  ​Marbury v Madison, USSC ​(1803)  - This is where judicial review comes from  - Courts simply declared that they had the power   - Hardly used in the 1800s, but comes to bear in the 20th century   - Fun fact: scholars have noted that the judicial branch has proven to be the weakest branch (but 
judicial review changes that) 
Plessy v Ferguson, USSC  ​(1896)  - State of Louisiana; public trains; Homer Plessy (1/8th African-American; light-skinned man); the train conductor 
knows about his ethnicity; Louisiana had rules regarding segregation; train conductor wouldn’t let him sit in the whites 
only section of the train; Plessy arrested for trespass 
- Question: Can a state have segregated train cars?   - Court rules YES: since there were separate but equal train cars available for African-Americans  - Spurs more laws like Jim Crow laws   - Still not fulfilling the promise of the Declaration of Independence  Brown v Board of Education, USSSC  ​(1954)  - Involving several young people being subjected to segregated school systems  - Clear that the resources were primarily going to the white schools (was NOT separate but EQUAL)  - Question: Can a state segregate the public school system?   - Used Plessy as a form of precedent for decision dealing with segregation   - Both the train and school were  ​public accomodations  - Name:  ​Thurgood Marshall- lawyer for the NAACP (legal advocacy group; represented the school children);  lawyer against Board of Education  - “You must overturn Plessy because time has shown us that separate but equal is no longer 
constitutional” 
- USSC voted in favor of Brown by a unanimous vote  - “We conclude the in the field of public education the doctrine of ‘separate but equal’ has 
no place. Separate educational facilities are inherently unequal.”  
- the court has the ability to change its mind  
THE COURT SYSTEM 
- Trial courts and appellate courts   - Trial courts ​: trier of facts; determine what happened; did the defendant commit the crime  - Appeal will occur after ruling; and the case will go up to the appellate court  - Appellate courts ​: hears appeals from trial courts, reviews the application of law; more interested in knowing  that the defendant’s rights have been upholded; less about the drama 
background image - Federal Court system ​: 94 U.S. District Courts (Trial Courts); 13 U.S. Circuit Court of Appeals; Texas is in  the 5th circuit; only 1 Supreme Court of the United States (highest court in the land and oversees all other 
courts in the nation) 
- Texas court system= 467 District Courts with 467 judges  - 14 Courts of Appeals with 80 justices  - 2 high courts (not common for other states; only Oklahoma has two other high courts as well)  - Texas Supreme Court (civil cases) with nine justices  - Texas Court of Criminal Appeals (criminal cases) with nine justices  - Reasons: a lot of work for a large state; death penalty   - The distinction between the states and federal courts are SEPARATE (think two buildings)  - Difference between criminal law and civil law  - Criminal law ​:​ did the defendant commit the crime beyond a reasonable doubt (80-90%)  - Rules of society that involve charges brought by the state   - Possibly face jail time; your liberty is at stake  - Civil law ​: by  a preponderance of the evidence (more likely than not) (50% with a little ioda)  - About disputes civilians we might have amongst ourselves  - Simply a matter of money; NOT about personal freedom  - Example from class: YouTube star with a rake and his friend is drunk AF  - O.J. Simpson ​ (1994)  - Accused of killing his girlfriend Nicole Simpson and her boyfriend (stabbed and cut to death)  - 35 mph car chase in LA (white bronco)   - Interrupted NBA game  - O.J. was found not guilty because the jury had reasonable doubts  - Wealthy and could afford the dream team of lawyers  - Was known as the trial of the century (was like a show)  - Fred Goldman opens civil case against OJ Simpson (wrongful death)  - Standard to prove this was by a preponderance of the evidence  - So he is then found responsible in a civil court   - Must pay 33.5 million dollars for the deaths of the two   - Civil v.s. criminal= Apples v.s. Oranges!!!!    Date: 1/31/2019 
Topic: Chapter One/Chapter Two 
STORY OF A LAWSUIT 
- 1. Start the story with an incident  - Criminal law: someone killed or injured, or some rule of society violated  - Civil law: someone harmed (physically or emotionally)  - Other areas can include libel, privacy, etc.   - One way to tell the difference is to look and see who is bringing the lawsuit   - If it’s between parties (most likely civil)  - Brought by state, county, etc. (most likely criminal)  - Look at the penalty to determine which type of law it is  - 2. Complaint  - Legal document that states what the allegation is   - 3. Answer  - Criminal law: defendant enters plea (almost always a plea of not guilty)  - Civil law: defendant answers complaint (almost always a denial)  - EX. Slip and fall at the grocery store (typical lawsuit)  - 4. Grand Jury (criminal cases)  - Made up of citizens of the jurisdiction; top secret; not recorded; confidential;  

This is the end of the preview. Please to view the rest of the content
Join more than 18,000+ college students at Texas State University who use StudySoup to get ahead
School: Texas State University
Department: Journalism and Mass Communications
Course: Media Law and Ethics
Term: Spring 2019
Tags: Media, Law, and Communications
Name: MC 4301 Media Law & Ethics Week Two Class Notes
Description: MC 4301 Mass Communication Law and Ethics Spring 2019 Gilbert D. Martinez Texas State University Week two lecture notes continued the following topics from Chapter One and Chapter Two. - Judicial review - The Court System - O.J. Simpson - The Story of a Lawsuit
Uploaded: 02/01/2019
3 Pages 68 Views 54 Unlocks
  • Better Grades Guarantee
  • 24/7 Homework help
  • Notes, Study Guides, Flashcards + More!
Join StudySoup for FREE
Get Full Access to Texas State - Class Notes - Week 2
Join with Email
Already have an account? Login here
×
Log in to StudySoup
Get Full Access to Texas State - Class Notes - Week 2

Forgot password? Reset password here

Forgot password? Reset your password here

I don't want to reset my password

Need help? Contact support

Need an Account? Is not associated with an account
Sign up
We're here to help

Having trouble accessing your account? Let us help you, contact support at +1(510) 944-1054 or support@studysoup.com

Got it, thanks!
Password Reset Request Sent An email has been sent to the email address associated to your account. Follow the link in the email to reset your password. If you're having trouble finding our email please check your spam folder
Got it, thanks!
Already have an Account? Is already in use
Log in
Incorrect Password The password used to log in with this account is incorrect
Try Again

Forgot password? Reset it here