JOURN 4000 1st Edition Lecture 2Outline of Last LectureI. Sandra Hyde caseII. LA Times caseIII. History of British LawIV. Overview of US LawOutline of Current LectureI. Overview of US lawII. First Amendment modelsCurrent Lecture-Certification: federal court asks the state’s highest court how it would decide a matter of state law-No certification and the federal judge decides wrongly? Res judicata or “anything decided”-Who is more powerful, federal or state judges?-Habeas corpus- where federal judges have powerCitations:-US Supreme Court cases= US-If a citation has an “F” it is a federal case-Names of state courts= Supreme Court= highest ranking court, except for NY and Maryland (Court of Appeals is highest court)-What if an appellate court needs more info? It “remands” the case to the trial court-If testimony is involved, only trial courts hear it-If appellate court overturns the trial court’s decision, it remands it to the trial court1791: 1st Amendment “Congress shall make no law”These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.3 possible models:1. “No limits; no legal damages”a. Like the state of nature in social contract theory b. Locke and Hobbes anarchistsc. Supreme Court Justice Hugo Black in the 1960s “Congress shall make no law. Period”2. “No limits; legal damages”a. William Blackstone, British jurist, wrote the Commentaries of the Law of Englandb. Thought freedom of press would be destroyed if there were limitsc. Publish anything, if it is improper, immoral, or illegal, there will be repercussions 3. “Some limits, legal damages”a. Supreme Court, Oliver Wendell
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