ADV 3352 MASS MEDIA LAW CHAPTER 1 The American Legal System I SOURCES OF THE LAW A COMMON LAW STUDENT OUTLINE i Definition an inductive system in which a legal rule and legal standards are arrived at after consideration of many cases involving similar facts Based on customs developed over the course of many years Oldest source of law 700 years ago II Stare decisis let the decision stand judges using previous cases to make the decision Sometimes reffered to as judge made law because judges were forced to create the law themselves when there wasn t a suitable example III Precedent an established rule of law set by a previous case courts should follow precedent when it is advisable and possible Need to base decisions on previous decisions Following previous laws of previous justices US Supreme Court can reverse the decision of a previous supreme court but try to abide by precedent iv Four options for handling precedents 1 Accept Follow for guidance 2 Modify Update so it corresponds with what the judge perceives to be contemporary sensibilities and circumstance a Different facts from when the codified first law b Modify previous decisions to work with facts c Ex fence broke down from act of god 3 Distinguish the differences between the precedent and the current case 4 Overrule Declaring the prior decision wrong and thus no longer the law Courts generally overrule precedents when there are changes in a Factual knowledge and circumstances b Social morals and values i Ex Gay Rights less than 20 years ago c Judges Justices on the court VI Damages money awarded to the winning party in a civil lawsuit VII Case reporter a book containing chronological collection of the opinions rendered by a particular court for cases that were decided by the court 1 ADV 3352 MASS MEDIA LAW STUDENT OUTLINE VII Citation the referene to a legal opinion contained in a case reporter that gives the name volume and page number and the year the opinion was rendered Case name Volume of Case Reporter Abbreviated Name of Case Reporter Page Year Ex Furman v Georgia 408 U S 238 1972 VIII Jurisprudence Judge decides case on gut feeling then checks precedents to support decision B EQUITY LAW O Definition system of jurisprudence in which courts are empowered to decide cases on the basis of equity or fairness Judge Made Law Jury s are not involved with equity laws Rulings come in the form of judicial decrees Common Law vs Equity Law Equity will prevail O Equity Law never says that common law is wrong Equity Law is more flexible than common law O Equity complements common law but does not replace it Was originally a supplement to the common law and developed side by side begins where common law ends Rules and procedures are much more flexible than common law Judges free to do what they think is right and fair in a certain case O Typical Remedies in Equity Law Temporary Restraining Order TRO Preliminary Injunction Permanent Injunction O Judicial decrees a judgment of a court equity a declaration of the court announcing the legal consequences of the facts found to be true by the court Judges issue orders that are either A Preventive prohibiting a party from engaging in a potential behavior it is considering B Remedial compelling a party to stop doing something it is currently doing C STATUTORY LAW i Definition Created by elected legislative bodies at the local state and federal levels to anticipate problems that may affect large numbers of people The statues the written law passed by legislative bodies Tend to deal with problems affecting society or large groups of people Ex Municipal codes ordinance of Tallahassee etc The criminal laws in the US are all statutory laws 2 ADV 3352 MASS MEDIA LAW STUDENT OUTLINE ii Statutory construction the process undertaken by courts to interpret or construe the meaning of the statutes Result of judicial interpretation Judges rule on the exact meaning of ambiguous words and phrases iii Legislative intent what the legislature meant when it passed the law Once fixed in a statute as a citizen you are obligated to follow it whether aware of it or not D CONSTITUIONAL LAW i Definition written outline of the organization of a government that provides for both the rights and responsibilities of various branches of the government and the limits of the power of government If something is in the constitution it is constitutional Even if it conflicts with something U S Supreme Court tries to decide what is constitutional Constitutional law is termed by the supreme court SUPREME LAW takes precedence over all other American Law ii Constitutions considered the most important part of US law 1 Provide the plan for the establishment and organization of the government government 2 Outline the duties responsibilities and powers of the various elements of 3 Guarantee certain basic rights to the people freedom of speech and freedom to peaceably assemble There are many constitutions in the US o Federal State City Constitution etc o US Constitution 27 amendments first 10 Bill of Rights Any law or constitution that conflicts with the US constitution is unenforceable iii State constitutions State constitutions can give more greater rights to citizens than provided under US constitution but they cannot reduce or roll back rights given by the US constitution iv Void for Vagueness Doctrine A statute or regulation is unconstitutional if itt is so vague that a person of reasonable and ordinary intelligence would not know from looking at its terms what speech is allowed and what speech is prohibited Vague Laws are problematic because o Don t provide fair notice of what speech is permitted o Can be enforced unfairly and discriminatorily because they give too much discretion due to the vague terms to those who enforce them police and judges 3 ADV 3352 MASS MEDIA LAW STUDENT OUTLINE v Overbreadth Doctrine A statute or regulation will be declared unconstitutional if it sweeps up and bans a substantial amount of protected speech in the process of targeting unprotected speech in other words the doctrine prohibits the government from banning unprotected speech if a substantial amount of protected speech is prohibited or chilled in the same process United States v Stevens 2010 o Declared as unconstitutionally overbroad a federal statute that criminalized the commercial creation sale or possession of certain depictions of animal cruelty E EXECUTIVE ORDERS AND ADMINISTRATIVE RULES i Two streams 1 Orders by elected officers
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