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Jour 369 - Test 1 - EB
Terms in this set (42)
What type of Judicial system does the U.S. have?
A layered, concentric, system in which there are non-linear lines of authority
What are the main matters of the Federal System?
Federal Law, Diversity (disputes between states or parties from different states)
What is the main trial court for the Federal System?
The U.S. District Court
What can a party not satisfied with a District Court ruling do?
Appeal to the U.S. District Court of Appeal
What can a party not satisfied with a U.S. District Court of Appeal do?
File a Writ of Certiorari with the U.S. Supreme Court
How many U.S. District Courts are in Mississippi?
Two, Northern and Southern
What type of Judges serve in main Federal Courts?
Article III Judges
What defines an Article III Judge
They are appointed by the President, must be confirmed by the US Senate, and serve for life unless impeached.
What types of cases do MS Justice Courts hear?
Misdemeanor criminal cases (traffic tickets, simple assault, etc) and civil matters involving $3,500 or less.
How many County Courts are there in MS?
What types of cases do the Circuit Courts hear?
22. Felony crimes and civil lawsuits.
What types of cases do the Chancery Courts hear?
Equity matters such as adoption, custody, guardianship, divorce, contested wills, property lines, etc.
How many justices serve in the MS Supreme Court?
Nine, 3 from the Northern, Central, and Southern districts.
What are the Municipal Courts? What do they do?
Serve larger towns and cities. They have the same powers as Justice Courts, but are sometimes elected and sometimes appointed by the town authorities.
What are the Specialty Courts? What do they do?
Federal/State Courts that serve only one type of case. Fed (Bankruptcy, Immigration, Tax, Customs) State (Youth Court, Drug Intervention)
What is Jurisdiction?
Strictly defined areas of authority. Personal is the power of a court over the person or parties in a case. Subject Matter is the power over a certain topic.
What are the rules on Cameras/Video in MS?
Use is limited to Journalists, who often need advance permission.
What are the rules on Cameras/Video in Federal Courts?
Largely not allowed. The Supreme Court does not allow video coverage and is strict with recording.
What is the Civil Standard for Evidence?
"Preponderance of the Evidence" which means in cases with conflicting testimony, jurors choose what they believe.
What is a Subpoena?
A court order to appear at a certain time, date, and place. A Subpoena Duces Tecum tells a person to appear with certain items and records.
What does the Judicial Branch depend on for power?
Public trust in it's essential fairness because it has no enforcement mechanism.
What happened in Richmond Newspapers v. Virginia (1980)
In a 7-1 decision, the court upheld the right to attend Criminal Trials. The 1st Amendment not only encompasses the freedom of speech, but the freedom to listen as well.
What happened in Near v. Minnesota (1931) and Nebraska Press Association v. Stuart (1976)
Only in extremely rare cases does a judge have prior restraint, meaning an order to the media to not report on a case.
Why is prior restraint "moot" at this point?
In that age of social media, there is no way to stop public discussion/sharing of opinions.
the playbook by which members of a free society are able to abide, a part of the social structure
law that has developed over time based on precedent
Black Letter Law
basic principles of law generally accepted by courts and embodied in statutes
3 Points for a law
Is it in the Constitution, is it Vague and is it Overbroad
Federal Courts general system
US Supreme Court, Circuit Court of Appeals, District Courts, Specialty Courts
Supreme Court Opinions
per curiam, majority, concurring, dissenting
writ of certiorari
An order by a higher court directing a lower court to send up a case for review
First Amendment Rights
Freedom of speech, press, religion, petition, and assembly
observed that humans are relentless truth-seekers
John Peter Zenger
A New York editor whose trial for seditious libel backfired on the government; the jury found that truth was a defense for libel.
said that people will communicate
Natural Law Theory
the view that right actions are those that conform to moral standards discerned in nature through human reason
protected when there is a message is intended and the viewer will understand the statement being made
speech that has been declared to be outside of the protection of the First Amendment
Four categories of Outliers
National Security, Incitement, Obscenity, Criminality
peech intended to and likely to incite or induce imminent lawless action
until/unless a person is able to make rational choices, the law doesn't require them to do so. Youth have 1A rights, but those rights can be limited by state actors (K12)
Time, Place, Manner restrictions are allowed if
the restriction is content neutral, and
Justified by a public interest, and
Does not create or result in a complete ban, and
Is narrowly tailored to fit the public purpose
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