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Unformatted text preview: Study Guide For COM 445First ExaminationSpring 2012 Be prepared to identify and discuss the following concepts Sources of law (constitution, common law etc.) Law: Set of rules that attempt to guide human conduct and a set of formal, governmental sanctions that are applied when those rules are violated Common Law:- Custom was replaced by a single system of law worked out by jurist and judges- Became common throughout Europe- Clear common law became custom of the courts judges o Use the past to make decision o Common law adapted to change well- Stare Decisis: Let the decision stand (stand by past decision) they idea was that they may be seen as more legitimate if they stay predictable and consistent - Handling Precedent o Accept/Follow o Modify/Update o Distinguish Means to contrast the facts of the case before the court from the facts of a case of precedent where there is an apparent similarity o Overrule Meaning declaring the prior decision wrong Maybe because of a change in social values- Remedy of common law is damages (money) Equity Law: (more flexible)- Equity begins where common law leaves off- One is not tried before a jury, rulings come in judicial decrees (there is no yes or no answer)- Judges are free to do what they think is right and fair - Typical remedies are preventive and remedial o Temporary restraining order o Preliminary injunction o Permanent injunction Statutory Law- Created by elected legislative bodies at local, state, and federal levels- Statutes tend to deal with problems affecting society or large groups - Statutory law can anticipate problems o For example one could pass a statute that prohibits publication of school records of a student with out prior consent of student- Criminal laws are all statutory laws - Statutory law is collected in codes and law books NOT reports like common law Constitutional Law:- Constitution is the provided plan for establishment and organization of the government. It outlines the duties, responsibilities and powers of carious elements of the government, and finally it guarantees the basic rights of the people - VERY hard to change its stands are the supreme law of the land- 27 amendments, first 10 are the bill of rights- Only one crime is listed in the constitution which is TREASON Executive Orders and Administrative Rules- FCC: part of the executive branch and was created by congressthey make regulations (laws)- FTC: Federal Trade Commission SIDE NOTE: Branches of government 1. Judicialinterprets laws 2. Executiveenforces laws 3. Legislativemakes laws Reasons for free speech and press (see Smolla article on Niikha)- We want security, we want freedom from fear, we want order, civility, racial and religious tolerance, we want the well-being of our children - Our wishes expressed in a law- Link between freedom of speech and a vibrant democracy- Facilitates majority rulefreedom of speech helps us ensure answers usually conform to what most people...
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- Spring '12