Lecture 1/15 SMPA 2173
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This 3 page One Day of Notes was uploaded by Gabriella Hope on Tuesday January 20, 2015. The One Day of Notes belongs to SMPA 2173 at George Washington University taught by Will Youmans in Spring2015. Since its upload, it has received 132 views. For similar materials see Media Law in Journalism and Mass Communications at George Washington University.
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Date Created: 01/20/15
Thursday January 15 2015 Class 115 Media Law The Rule of Law Law in a Changing Communication Environment Rule of law vs rule of king rule of king can lead to arbitrary decisions which lead to confusion about the law among the citizenry rule of law about consistency transparency and opinion requires that rules be written down and codified The Court System Rule of Law Jurisdiction Article II Section 1 and 2 of the U 8 Constitution In all Cases affecting Ambassadors other public ministers and consuls and those in which a State shall be Party the supreme court shall have original jurisdiction case goes directly to the supreme court In all the other cases before mentioned the supreme court shall have appellate jurisdiction cases can be appealed to the supreme court both as to Law and Fact with such Exceptions and under such Regulations as the Congress shall make Trial courts Judge Lawyers Parties or defendant in criminal trial Jury Evidence Witnesses Crossexamination Courts of Appeals 13 circuits in the federal system Thursday January 15 2015 Judges Lawyers submit briefs presenting the appeal and then argue orally front of a panel of judges Briefs Trial record court deals with already established facts no original fact finding No jury no new presentation of evidence no witnesses or crossexamination en banc heard before all judges on the bench rather than just one judge Federal Court System Supreme Court of the U S gt U 8 Circuit Court of Appeals 13 gt U 8 District Courts 94 Granting review writ of certiorari 4 judges have to agree to hear a case Reaching decisions per curiam Membership Judicial Review Marbury v Madison 1803 originalists original intent of the constitution textualists bare minimum approach strict adherence to original wording modest in exercising their writ power of review activists willing to take a broader interpretive approach how the law relates to current society State Court System State Supreme Court hears appeals from court of appeals gt Court of Appeals hears appeals from lower courts gt Superior Court here s serious cases and trials are held here gt Special Court divorce juvenile family housing cases heard gt County municipal traffic magistrate etc minor cases arraignments Sources of the Law Equity law Thursday January 15 2015 Common law stare decisis precedent Administrative rules Executive orders Briefing cases apply to the cases at the end of each chapter bring to class Facts Issue Rule of Law Analysis Conclusion Prepare FIRAC for citizens united case