DOC PREVIEW
Mizzou JOURN 4000 - Exam 1 Study Guide
Type Study Guide
Pages 20

This preview shows page 1-2-19-20 out of 20 pages.

Save
View full document
Premium Document
Do you want full access? Go Premium and unlock all 20 pages.
Access to all documents
Download any document
Ad free experience

Unformatted text preview:

JOURN 4000 1nd Edition Exam 1 Study Guide Lectures 1 7 Lecture 1 August 25 US law has roots in British law First treatise Glanvill 1187 13 century King Henry II created national court system Judges of king s courts presided over jury cases Circuit judges rode around countryside to hear cases Judges created common law 14th Century Dual court system Chancellor s courts no juries Dual system affects law today Libel Jury case Prior restraint No jury William Blackstone Commentaries on the Laws of England 1765 69 Sources of law 1 Judge made law common law 2 Legislative law statutes and constitutions 3 Bureaucracy made law administrative law Stare decisis doctrine that precedents should be followed Precedents earlier court decisions the holding actual decision in the case sets precedent Dicta collateral unnecessary statements in cases Shows courts passion Policy Behind appointments Strict constructionists conservative Judicial activists liberals Precedents persuasive and binding Only trial courts hear testimony Courts on same level do not bind each other Lower federal courts do not bind state courts not even on questions of federal law Appellate courts work from cold records Interplay between federal and state systems US Supreme Court binds every court US Supreme Court only hears cases involving federal laws Federal law 1 US Constitution 2 treaties 3 statutes passed by Congress State law law of everyday life State courts bind federal courts on manners of state law State judges make common law judge made law which is constantly created Federal judges can t make common law Double jeopardy doesn t apply if prosecuted by state and federal governments There is no federal common law Supreme Court only hears cases with sufficient and general significance Do federal courts hear cases involving state laws Yes diversity cases Lecture 2 August 27 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 power Citations 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 court 1791 1st Amendment Congress shall make no law 3 possible models 1 No limits no legal damages a Like the state of nature in social contract theory b Locke and Hobbes anarchists c 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 England b Thought freedom of press would be destroyed if there were limits c Publish anything if it is improper immoral or illegal there will be repercussions 3 Some limits legal damages a Supreme Court Oliver Wendell Homes Lecture 3 August 29 Marbury vs Madison 1803 Judicial review John Adams President on his way out James Madison new Sec of State Thomas Jefferson incoming president Marbury Adam s nominee for Justice of the Peace in D C John Marshall Adam s Sec of State soon to be Chief Justice Marbury s commission was signed sealed never delivered Writ of Mandamus order a public official to perform their duty The question does the Supreme Court have the power to issue the writ No Jurisdiction Constitution says Supreme Court has original jurisdiction in only two cases 1 Cases affecting ambassadors 2 When a state is a party In all other cases the Supreme Court has appellate jurisdiction Jurisdiction means power to hear a case Courts must have jurisdiction over 1 The subject matter 2 The person Supreme Court declared law repugnant to Constitution is void Heavy influences in Marbury were Lock and Black Lecture 4 September 3 1791 1st Amendment 1803 Marbury vs Madison 1816 Martin vs Hunter s Lessee Supreme Court can strike down decisions of state s highest courts 1868 14th Amendment Life liberty property states cannot deprive you of these without due process 1925 Gitlow vs New York Freedom of expression is among fundamental liberties 1791 5th Amendment self incrimination Sedition Treason is the most serious form Then seditious libel crime of criticizing the government England gruesome and broad definition and punishment for treason Star Chamber abolished the notion of truth as a defense Secret without a jury brutal punishment William Prynn victim of Star Chamber Published a book condemning the performing arts Female actresses were notorious whores Charles I s wife was in a play Branded with letters S and L ears cut off imprisoned for life 1641 Star Chamber abolished 1643 Regulation of Printing Act aka book censorship John Milton wrote a book about the liberalization of divorce laws that was not censored Wrote a plea for freedom of press so he would not be punished 1695 abolish because book trade was losing money 1790 Punishment of burning alive for females abolished USA Adopted censorship early on Most persistent threat was seditious libel Zenger case 1st freedom of the press case 1735 Zenger published criticism of William Cosby Truth was not a defense Libel law existed to keep domestic peace Truth was an aggravating circumstance Jury only got to decide whether words were printed limited capabilities Judge decided guilt of libel Andrew Hamilton represented Zenger Told the jury they should decide guilt not the judge acquitted Zenger Jury nullification first case of it 1798 Alien and Sedition Acts crime to criticize government Part of bad blood between Adams and Jefferson Days of the XYZ affair Lecture 5 September 5 1917 Espionage Acts of 1917 Bradley Manning convicted under this act Could be punished for 20 years for obstructing military recruitment Urging curtailment of necessary war material as well 1919 First 1st Amendment case Schenck vs US Communists and socialists did not like the draft US alliance with the Czar of Russia Schenck was general secretary of the Socialists Party of the US Schenck and other defendants sent out leaflets opposing the draft Said the draft violated the 13th Amendment no involuntary servitude Leaflets encouraged obstruction of the draft according to the government Schenck et al appeals to


View Full Document

Mizzou JOURN 4000 - Exam 1 Study Guide

Type: Study Guide
Pages: 20
Download Exam 1 Study Guide
Our administrator received your request to download this document. We will send you the file to your email shortly.
Loading Unlocking...
Login

Join to view Exam 1 Study Guide and access 3M+ class-specific study document.

or
We will never post anything without your permission.
Don't have an account?
Sign Up

Join to view Exam 1 Study Guide and access 3M+ class-specific study document.

or

By creating an account you agree to our Privacy Policy and Terms Of Use

Already a member?