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Comm Law Definition Ch. 1-3
Terms in this set (62)
the system of laws that govern society
The body of law developed from custom and tradition as recognized by judicial decisions. Largely based on previous court decisions. (often called judge-made law)
a source of law that allows courts to fashion remedies appropriate to the case at hand. Enables courts to provide legal remedies other than money damages.
the law made by statutes passed by legislative bodies.
the judicial principle asserting the supremacy of federal over state legislation on the same subject
rules and decisions of administrative agencies such as the federal communications commission (fcc) and the federal trade commission (ftc)
a formal process of making administrative law used by such agencies as the ftc and the fcc. an agency must publish a proposed rule in the federal register and review comments. the rule as finally adopted must also be published.
to settle a matter.
an established rule of law set by a previous court opinion. usually comes from cases involving similar facts and raising similar issues as the case at hand.
the foundation of common law, the doctrine that judges should rely on precedent when deciding cases in similar factual situations.
a party in a lawsuit, a participant in litigation
a court that reviews the actions of a lower court after an appeal by one of the parties in a case. They consider errors of law or legal procedure and do not reevaluate the facts of a case
the authority of a court. a court has this over a person when that person must obey the orders of the court.
the first court to decide a case, rather than a court hearing a case on appeal
asking a higher court to review a lower court's decision
when an appellate court sends a case back to a lower court, directing the lower court to decide the case consistent with the higher court's opinion.
a French term used when all of the judges of an appellate court decide a case. More typically, a single judge or a small number of judges called a panel, decide a case.
the name of a writ asking the US Supreme Court to review a case. If the writ is granted, the Court will order the lower court to provide the record of the case for review.
an opinion written by an appellate court judge stating why the judge agreed with other judges.
an appellate judges opinion explaining the judge's disagreement with the court majority's decision.
with reference to the US Supreme Court, the opinion that is supported by more justices than any other opinion in a single case but not suported by a majority of the justices.
an opinion issued by and for the entire court rather than by one judge writing for the court
restriction on expression before publication or broadcast by injunction, agreement, or discriminatory taxation. first amendment doctrine favors punishment after publication
a participant in a legal action
burden of proof
the responsibility imposed on one side in a legal conflict to prove its version of the facts
a legal wrong other than a crime or violation of a contract, that is committed by one person against another. Includes, libel, invasion of privacy, and trespass. Relief for this is usually sought through monetary damages.
money awarded to a winning plaintiff in a civil suit
the party bringing the law suit, the one complaining
in civil law, the party against whom a lawsuit is brought. in criminal law, the party accused of a crime by the state.
a ruling by a judge that there is no dispute of material fact between the two parties in a case, and that one party should win the case as a matter of law. Precludes the need for a trial.
the process before a trial of gathering information that can be used as evidence in a court case. Includes the exchange of information by the two parties to a case.
a court document requiring a person to appear in court and testify at a given time and place.
a person who petitions the court to take action, including the initiation of a civil suit or the initiation of an appeal
an appellee, a party opposing the grant of petition before a court.
a legal standard used by judges, police officers, and grand juries to determine whether there are reasonable grounds for believing that a person committed a crime.
an accusation issued by a grand jury that charges a person or company to perform or refrain from some act, such as publishing. an equitable remedy.
being legally responsible for an act
a set of assumptions, principles, and procedures that categorize knowledge and explain behavior
amendment to the constitution making states, in addition to the federal government, liable for violation of rights protected by the Bill of Rights usually also violates a citizen's right of due process guaranteed.
a series of cases in which the Supreme Court made state governments liable for violating the Bill of Rights. The court incorporated the Bill of Rights into the 14th amendment by holding that state infringements of free speech and other rights violate a citizen's right to due process, guaranteed by the 14th amendment.
first amendment due process
requirements that the government justify prior restraints and other restrictions and that hearings be held at which restrictions may be contested.
the judicial requirement that a restriction on protected contents be justified by a compelling government interest and that the regulation not be overbroad or vague
the regulation of expression based on what is said as opposed to where or when it is said. 1st amendment doctrine predisposes courts to consider this unconstitutional.
unconstitutional government regulation of speech expressing a particular view on a subject
the doctrine by which courts determine that laws are unconstitutional because average persons would not know ahead of time whether their expressions would violate the law. Vague laws affecting expression violate the first amendment because the uncertainty they create leads to self-censorship.
a first amendment doctrine by which courts determine that legislation is unconstitutional because it restricts more expression than necessary
a discredited judicial test halting or punishing speech that presents only a remote danger to a substantial individual or social interest
clear- and-present danger test
a judicial test that, if applied literally, halts or punishes expression only where there is objective evidence of an imminent, substantial danger to individual or social interest. sometimes the test has been used to halt speech that presents no clear, imminent danger.
ad hoc balancing
a judicial weighing, case by case, of reasons for and against publishing to determine whether expression may be halted or punished. Flexible but unpredictable because it relies little on previous cases or set standards.
judicial balancing of interests after freedom of expression is broadly defined to give it extra weight. Provides more predictable protection to freedom of expression than ad hoc balancing.
in libel, publication with improper motive such as hatred, spite, vengeance, or ill will. Proof of common law actual malice has traditionally defeated common law defenses such as the reporter's privilege to report official proceedings and fair comment and opinion. Proof of common law actual malice is often required by persons suing for trade libel.
unprotected words that by their very utterance inflict injury or tend to incite an immediate preach of the peace.
public property dedicated to public discourse, such as a speaker's corner, or public property traditionally open to public debate, such as streets and sidewalks. The law also recognizes a nonpublic forum in public property, such as an army base, dedicated to purposes other than free speech.
the standard the FCC uses to make decisions, according to the Communications Act of 1934.
order from a court telling a person or company to perform or refrain from some act, such as publishing. An equitable remedy.
prepublication review by military officials of wartime press reports to ensure classified is not disclosed.
a physical property allowing radio and television signals to be sent from a transmitter to a receiver.
used by cable television companies to transmit signals to customers. progressively being replaced.
hair-sized strands of clear, flexible tubing, predominantly made of glass, that allows information to be sent through impulses of light.
agreement between a city, country, or state and a cable system operator allowing the operator to provide cable television service.
time, place, manner test
regulation of where and when expression is made as opposed to what is said. 1st amendment doctrine is more tolerant of time, place, manner restrictions than of content regulations.
when legislatures incorporate portions of the common law into a statute
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