JRN301-Test 1 SG

JRN301-Test 1 SG - Kimberly Glennon COM/JRN 301 Exam 1...

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Kimberly Glennon COM/JRN 301 Exam 1 Study Guide – Fall 2011 Sources of law (constitutions, statutes, etc.): 5 Sources… 1. Common Law : considered “discovered law”, a single system of law worked out by jurists and judges. Importance of precedent. 2. Equity Law : Another kind of judge-made law, just different from common in procedures and remedies. More flexible rules and procedures, never tried before a jury, judgments as judicial decrees (not yes or no), decisions are discretionary, judges are free to do what they feel is right despite precedents. Sought out when there is a real threat of a direct, immediate and irreparable injury for which monetary damages wont provide sufficient compensation (restraining order, injunction). 3. Statutory Law : Created by legislative bodies at the local, state, and federal levels. Tends to deal with problems affecting society or large groups of people. Can anticipate problems (common can’t). All criminal laws are statutory. Collected in codes and law books. When judges rule, supposed to be on what the legislature meant when it passed the law, not what they personally think the law should mean. 4. Constitutional Law : Considered most important source of U.S. law because the people have an unusually direct voice in the approval and change of a constitution. 5. Executive Orders/Administrative Rules : Orders issued by elected officers of government/rules generated by the administrative agencies of government at the federal level. Supreme Court: Has both original and appellate jurisdiction. Cases come through direct appeal or writs of certiorari. Pick cases with broad Constitutional questions or disagreements of federal court circuits. Not their role to right wrong decisions, has to have somehow violated Constitutional rights, be an arbitrary decision, flawed law, etc. Rule of Four to pick cases. Will hear a case because of Flawed Law (inconsistent with Con.) or Vagueness of a law (can’t figure out which side you would be on, ends in self-censorship). Theories for dealing with First Amendment (balancing, absolutist etc.) 1. Absolutist Theory : Complete barrier to government censorship. 1 st Amendment declares that “no law” may abridge freedom of expression, the Framers really meant NO law. NO exceptions. 2. Ad Hoc Balancing Theory : The meaning of the freedom of expression is determined solely on a case by case basis, more of a strategy than theory. 3. Preferred Position Balancing Theory : Like Ad Hoc, but based on a philosophical foundation (the maintenance of all rights is dependent on free exercise of free speech and press). 4. Meiklejohnian Theory : Freedom of expression is a means to an end (successful self government). Speech protected ONLY so that our system of democracy can function. 5.
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This note was uploaded on 01/23/2012 for the course JRN 301 taught by Professor Howardkleiman during the Fall '11 term at Miami University.

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JRN301-Test 1 SG - Kimberly Glennon COM/JRN 301 Exam 1...

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