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Jour 303- week one

by: Carly Steren

Jour 303- week one JOUR 303 004

Carly Steren
GPA 3.5
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About this Document

These are the notes including vocabulary that we went over in class and from the book, and the case that Mr. Bender went over: Chaplinsky V. New Hampshire
Law and Ethics of the Mass Communications
Jay Bender
Class Notes




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This 7 page Class Notes was uploaded by Carly Steren on Saturday January 23, 2016. The Class Notes belongs to JOUR 303 004 at University of South Carolina taught by Jay Bender in Summer 2015. Since its upload, it has received 17 views. For similar materials see Law and Ethics of the Mass Communications in Journalism and Mass Communications at University of South Carolina.


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Date Created: 01/23/16
Week 1 Notes: Chapter 1 1. Administrative regulations: Laws enacted by administrative agencies, such as the FCC 2. Affirm: To uphold the decision of a lower court 3. Answer: the defendants form response to a plaintiff’s allegations as stated in a civil complaint 4. Appellant: The party who appeals a court judgment to a higher court: sometimes called the petitioner 5. Appellant court: A court with jurisdiction to hear appeals and review of rulings of trial courts 6. Appellee: The party against whom an appeal is taken; sometimes called the respondent 7. Arraignment: A criminal proceeding in which an accused is brought before the court to hear the charge against him or her and to enter a plea of guilty or non guilty 8. Bill of Rights: the first 10 amendments to the U.S constitution ratified by the states in 1791 9. Breach of contract: A legally inexcusable failure to perform as obligated under a contract 10. Case law: Law derived from the previous, published decisions of appellate courts 11. Certiorari: A discretionary order commonly used by the U.S supreme court to indicate that the Court has agreed to review a case. This action by the Court is referred to as granting cert. 12. Civil law: The law pertaining to noncriminal matters in which one person or business sues another to obtain some legal relief 13. Codes: Systematic compilations of laws, such as the statutes or administrative regulations of a state Week 1 Notes: 14. Common law: Legal rules and principles that originate solely from judicial decisions, as distinguished from the laws enacted by legislatures. 15. Complaint: A legal document that begins a lawsuit by stating the plaintiff’s grievance and the remedy being sought; the initial pleading filed in a civil case 16. Concurring opinion: An appellate court opinion in which one or more judges agree with the majority ruling but state different or additional reasons 17. Constitution: the fundamental law of a nation or state, typically establishing the governments basic organization and describing the extent and limits of its sovereign powers 18. Constitutional law: Law concerning the basic organization and powers of government and the individual liberties enumerated in constitutions 19. Contract: A legally enforceable agreement made either orally or in writing 20. Court reports: Volumes containing the judicial opinions of a particular court or jurisdiction 21. Courts of equity: Historically, courts that operated by a distinctive set of rules and offered alternative remedies to the usual money damages. The most common equitable remedy is an injunction 22. Criminal law: the state and federal statutes that define criminal offenses and punishment. Criminal cases are brought to trial, or prosecuted, by government lawyers. 23. Damages: Money awarded in court to a person unlawfully harmed by another. Damages are compensatory, if awarded as the Week 1 Notes: measure of injury suffered, or punitive, if awarded in addition as punishment for outrageous conduct by the offending party. 24. Defendant: In a civil case, the person or business being sued. In a criminal case, the person being prosecuted. 25. Discovery: The ascertainment of relevant facts, prior to trial, by the parties to a lawsuit. Formal discovery tools used by lawyers include oral depositions, requests to produce documents, and mental examinations 26. Dissenting opinion: An appellate court opinion by one or more judges explaining their disagreement with the decision of the majority 27. Diversity of citizenship: A type of federal court litigation in which the opposing parties are citizens of different states 28. Doctrine of precedent: A basic rule of the U.S judicial system that earlier decisions of a court shall serve as guiding authority to be followed when the court again faces an identical or similar issue 29. Federal circuit: Judicial divisions for the U.S courts of Appeals; including eleven multistate circuits, one for the district of Columbia, and one with nationwide jurisdiction to hear appeals in certain specialized kinds of cases. 30. Grand jury: A body of citizens whose duty is to determine whether probable cause exists to formally charge someone with a crime 31. Indictment: The formal accusation issued by a grand jury against a person charged with a crime 32. Initial appearance: In federal criminal cases, the defendants first formal appearance in court, when the specific charges are read and a plea may be entered Week 1 Notes: 33. Injunction: A court order that a defendant act, or refrain from acting, in a particular manner 34. Jurisdiction: Authority of government and its courts to make and enforce laws and to decide cases. Limited by territorial and subject matter boundaries 35. Justiciable controversy: A specific legal disputed between people or entities whose legal rights are in jeopardy, as opposed to a controversy that is hypothetical, academic, or moot 36. Law of equity: Historically, a separate system of law developed in England for the purpose of granting remedies other than money damages. An injunction for example, is referred to as an equitable remedy 37. Litigant: A party to a lawsuit; a plaintiff or defendant 38. Majority opinion: A written appellate court opinion in which a majority of the courts judges join 39. Motion: A formal request that a judge make some kind of ruling in favor of the applicant. Examples: motion for a continuance, motion for summary judgment, motion to suppress evidence. 40. Motion to suppress: A common motion in criminal cases whereby the defendant requests that certain evidence be ruled inadmissible at trial 41. Ordinances Laws adopted by cities, countries, and other units of local governments 42. Parallel citations: An expanded form of reference to a legal case showing where the case can be found in two or more different reports 43. Personal jurisdiction: a courts power to bring a particular person or company into its adjudicative proceedings 44. Plaintiff: The party who initiates a civil lawsuit, seeking some form of relief or compensation for an injury to rights Week 1 Notes: 45. Pleadings: court documents that contain the parties’ formal allegations of their respective claims or defenses. Examples include the plaintiff’s complaint and the defendants answer 46. Plurality opinion: In the appellate judicial process, an opinion expressing the viewpoint of more justices than any other opinions, but less than a majority 47. Preliminary hearing: in criminal cases, a hearing to determine whether the government has enough evidence against the accused to warrant a full blown trial 48. Remand: To send a case from the appellate court back down to the trial court where it was originally heard 49. Respondent: The party against whom an appeal is made, also called the appellee 50. Reverse: to overturn the judgment of a lower court 51. Settlement: in litigation, a final determination reached by agreement between the parties 52. Sovereign legal brief statues: 53. Statutory law: law enacted by legislative bodies including congress and the state legislatures as opposed to common law 54. Subject matter jurisdiction: A courts system power to consider a particular kind of case or type of law 55. Summary judgment: a common procedure for ending a lawsuit prior to trial, a party to a lawsuit is entitled to summary judgment in his favor if there is no disputable issue of fact and if established legal rules clearly dictate that he would prevail at all 56. Torts: Wrongful acts; other than breaches of contract, for which the law gives the injured party some legal remedy against the wrongdoer in civil court. Examples include invasion of privacy, trespass, libel, infliction of mental distress and negligence Week 1 Notes: 57. Trial court: A court in which civil cases or criminal proceedings begin, a court authorized to hear evidence and determine the facts when they are in dispute 58. U.S court of appeals: The intermediate appellate court in federal judicial system. The nation is divided into eleven geographic circuits plus the district of Columbia, each with its own court of appeals. Cases are typically heard by a panel of 3 judges 59. U.S District court: In the federal judicial system, a trail court with general jurisdiction. Each state has at least on U.S District court 60. U.s Supreme court: The nations highest-ranking court; the court of last resort. An Appellate court consisting of the chief justice of the USA and eight associates Case: Chaplinsky V. New Hampshire 1942 – Summary:- Chaplinsky was arrested for speaking in public about his religious views (Jehova’s witness) when a police officer told him to keep it down because the people around him were becoming agitated by his statements. When he was asked to come to the police station he was confronted by a marshal who he then called a “fascist” – he pled not guilty on the first amendment right to freedom of speech. He was found guilty, and his case was taken to the New Hampshire supreme court where they chose to uphold his guilty status. They said that on the ground of Freedom of Speech, you cannot talk in a way that causes a breach of peace or use words that are taken as Fighting words (attempting to cause violence). Week 1 Notes: Importance: This case is the first time when the supreme court dictated what exactly freedom of speech included, and as Mr. Bender says, they attempted to re write the first amendment which states that we have “freedom of speech” with no other exceptions to that clause. The holding: “Fighting words are not protected by the constitution”


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