Comm 403 Test 1 (1-15-2-14) - Tuesday January 15th - First...

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Tuesday January 15 th - First Amendment - Libel - Invasion of Property Judicial Review – power of the courts have the right to review laws made by government to determine if it is constitutional. 1 st Amendment “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or ABRIDGING THE FREEDOM OF SPEECH, OR THE PRESS; or the right of the people peaceably to assemble; and to petition the government for redress of grievances.” Religion, speech, press, assemble, petition gov’t
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Thursday January 17 th Federal Court System - U.S. Supreme Court - Federal Circuit Court of Appeals o 13 circuits in all - Federal District Court o Trial court-determined by population If 4 US Supreme court judeges want to hear a case then they get it. Usually there are around 100 heard out of possibly 5,000. Judiciary & The Constitution - The Power of Judicial Review o Marbury v Madision (U.S. 1803) – “It is emphatically the province and the duty of the judicial department to say what law is. The judicial power of the US is extended to all cases arising under the constitution.” Sources of Law 1) Common Law o Judge made law o All law came from England which everyone area had their own laws until they made a “common” set of laws for any English territory. o Foundation is precedent (“stare decisis” – let the decision stand) o All criminal law is state law 2) Law of Equity o Judge is asked to make a decision now ( no jury) o Usually a ruling but only temporary until case can be properly heard o E.g. Custody battles, restraining orders 3) Statutory Law o A statute or law passed by elected representatives (House of Reps, Congress, Mayo) o E.g. Patriot Act, Homeland Security Act 4) Constitutional Law o Any law that implicates the constitution o Once constitution involved it is constitutional law 5) Administrative Law o FCC, FDA, SEC, FAA o Administrative agencies appoint by the president 5 Members no more than 3 per party then approved 6) Executive Action/ Executive Order o Limited to National Security/International Relations o Media wants to see a document but it may be classified
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Criminal Law & Civilian Law - Criminal Law o Statutory law or sometimes called the Penal code - Civil Law Kinds of Cases that fall under the US Constitution (3 Involving Media Law) - US Constitution - United States is the party of the suit - Citizens of two or more states are involved
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Tuesday, January 22 nd Review in the Six Different Sources of Law - Common Law – made by judges o precedent - Law of Equity – made by judge o Government ruled NY Times couldn’t run story about Vietnam (Pentagon Papers) o Federal judge ruled a temporary injunction - Statutory Law – law passed by elected representatives (House, Senate, Congress) - Constitutional Law – law that implicates constitution, ruled by judge (ultimately supreme court). Can use judicial review. -
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This note was uploaded on 03/18/2008 for the course COMM 403 taught by Professor Halstuk during the Spring '08 term at Pennsylvania State University, University Park.

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Comm 403 Test 1 (1-15-2-14) - Tuesday January 15th - First...

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