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TAMU ECEN 214 - Exam1

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Federal Court System US Supreme Court - 9 People (justices), appeal jurisdiction through certiorari US Courts of Appeal - 13 Circuits, just appellate courts - Appellate courts consider only the law - Take facts from transcripts of lower court case (meaning no jury trials) 100 US Federal District Courts - Trial courts (supior courts) - 1 or 2 in each state - Fact finding, hold jury trials - All fed judges appointed for life (if terrible, can be impeached) - Prez appoints fed judges, senate confirms them - Legislative judges are for 15 years State Court System State Supreme Court, Supreme Court of Appeals, Supreme Judicial Court - 7-9 judges, can be elected or appointed - Grants Certiorani: writ seeking judicial review, directing lower court send record in for review Intermediate Appellate courts (3 or more judges) - Appeals Court, Superior Court, Court of Criminal Appeals Courts of General Jurisdiction (trial courts) - Circuit Court, State District Court, Superior Court - Defamation, invasion of privacy, obscenity cases Courts of Limited Jurisdiction - Traffic court, municipal court, Magistrate’s court - Justice of the Peace Court, County Court Hierarchy of Sources of Law from highest to lowest U.S. Constitution and Amendments Statutes (“acts” or “legislation”) of Congress Federal administration regulation State constitutions State statutes State administrative regulation Local ordinances (cities, towns, etc.) Case law Sources of Law 1. Constitutional Law: defines relationship of dif entities within a state (executive, legislative, judiciary) 2. Statutory Law: written laws set by fed or state legislation. - Statutes are propositions of law that courts enforce according to specific situation - Propose bill  accepted  becomes law 3. Administrative Law: governs activities of administrative agencies of gov - FCC: most important for laws with electronic media, broadcasting, cable - FTC: protect consumers from deceptive advertising - FEC, FDA (prescription drug ads, food labels), SEC (misleading info about stocks) 4. Executive Actions: - Prez issues executive orders, these have power of law 5. Common Law: emphasis on role of judges in determining meaning of laws, how they apply - Not enacted by legislature - Written down in Restatement of Torts 6. Law of Equity: developed alongside common law, concerned with fairness and justice - No juries, Judge can issue an injunction to prevent publicationStare Decisis: “let the decision stand”, decision creates a precedent Judicial Review: courts deciding on the constitutionality of legislative or executive branch actions Injunction: either perform, or stop specific conduct Subpoena: judicial doc demanding recipient appear before court or produce evidence Discovery: pretrial fact finding performed by both sides of civil suit, may include deposing (formal q) prospective witness for opposing side Writ of certiorari – decision by Sup to hear an appeal from a lower court, certiorari = to be informed. Per curiam opinions: unsigned opinions, “by the court” En banc: ruling by an entire fed appellate court (instead of just a three judge panel) Concurring opinion: opinion written by appellate judge who agrees with outcome of case but not all of the majority’s reasoning 5 Theories of the First Amendment: Absolutist: emphasizing absolute prohibition (congress shall make no law) upon antispeech regulations - Freedom of press should be absolute, no constraint on obscene or hate speech Ad Hoc Balancing: on a case-by-case basis - Not a theory but a strategy. Preferred Position Balancing: some constitutional freedoms, principally those guaranteed by the 1st, are fundamental to a free society, entitled to more judicial protection than other constitutional values are. - Gives freedom of expression a preferred position. Meiklejohnian: expression that relates to self-governing process must be protected absolutely by the 1st. - Hierarchical approach to the 1st theory, with political speech placed at top of hierarchy. Access: Access to the metaphorical marketplace of ideas is not equal for all, skewed in favor of those w/ $. Newspapers, mags, broadcasters should open their pages and studios to ideas/opinions of viewers - Socialist theory. Collin v. Smith/Village of Skokie v. National Socialist Party: - High % of ple who lived in Skokie were Holocaust survivors. - Skokie passed ordinance requiring $350k in liability insurance, would be emotional distress - Colin, Nazi leader sued –were able to march legally, but didn’t actually do it 1982 Pico v. Island Trees School District - US Sup t split 4 + 1 (concurring?) to 4 to remand case for trial, but held that hs libs may exclude books if “persuasively vulgar” or “educationally unsuitable” 1988 Mozert v. Hawkins County - US Sup let stand Court of Appeals ruling its okay to require fundamentalist Christian kids to read “godless” textbooks teaching evolution - Fams who didn’t want to learn about evolution wanted to go to school for free - Tax payers would have to pay for kids to go to private school for them not to learn about it 1988 Hazelwood High School v. Kuhlmeier - Kulmeier wanted to publish hs newspaper article on teenage pregnancies and effects of parents divorces using personal cases from school with consent - US Sup ruled principals may censor student newspapers in hsWhitney v. California - Whitney advocated Communist party to overthrow US gov - Whitney LOST bc her speech deemed harmful under criminal syndicalism act. - “If theres time for discussion, there should be more speech. Not enforced silence” Hudgens v. NLRB: let shopping mall owner ban union picketing, Activities occurring in private businesses must be directly related to the business - Advertisers can use techs to make ads looks like news articles but needed to say they are ads Prior Restraint: a law, executive order, or judicial decree that prohibits communicative conduct before it occurs (rather than punishing it after it occurs) - gov issues an injunction to prevent editor from publishing news story Enjoined: can’t be printed ever again Dita: Language, extra thoughts, extra opinions 1968 US v O’Brien - Military draft law prohibited men from destroying their draft cards - O’Brien said 1st Amendment right as protest against the war - US Sup said law was content


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TAMU ECEN 214 - Exam1

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