Mid-Term Exam

Question 1

What is Media Law and Ethics?

Answer 1

The Study of Law as it pertains to Mass Media

Question 2

What was some of the Poor Treatment the North American Colonies suffered on account of the British?

Answer 2

1.) No representation in Parliament
2.) Taxation without cause
3.) Lack of Freedom of Speech
4.) Lack of Free Press

Question 3

What was the Quartering Act (1765)?

Answer 3

The Quartering Act required Colonial Citizens to House, Clothe and Feed British Soldiers for free

Question 4

True or False: The Declaration of Independence is still considered one of the most important documents in World History.

Answer 4

True

Question 5

In terms of the Governmental Balance of Power, what name is given to the Media (or press)?

Answer 5

The 4th Estate

Question 6

What are the other 3 Estates in the Balance of Governmental Power?

Answer 6

First Estate: Executive
Second Estate: Legislative
Third Estate: Judicial

Question 7

Why couldn’t the newly formed United States of America use the Articles of Confederation as their foundation for Government?

Answer 7

It was just Government on Paper; the country needed something stronger and better.

Question 8

Which Estate does the Press hold a check on?

Answer 8

All 3 Estates

Question 9

The Founding Fathers feared what a Monarchy could become. They sought instead to give Power to the People through what form of Government?

Answer 9

Limited Representative Democracy (Republic)

Question 10

True or False: The first 15 Amendments are known as the Bill of Rights.

Answer 10

False

Question 11

What are the two highest courts in the State of Texas?

Answer 11

Texas Supreme Court (handles civil matters)
Texas Court of Criminal Appeals (Criminal)

Question 12

What is the Standard for Criminal Juries?

Answer 12

That the accused is guilty “beyond a reasonable doubt.”

Question 13

What is the Standard for Civil Juries?

Answer 13

That the accused is guilty “by a preponderance of the evidence.”

Question 14

True or False: The Standard for Civil Juries is LESS Stringent than the Standard for Criminal Juries.

Answer 14

True

Question 15

How is the OJ Simpson trial an example of Criminal Standard?

Answer 15

1.) Prosecutors tasked with providing guilt beyond a reasonable doubt.
2.) Defense simply had to raise suspicion.
3.) This ultimately led to a “Not Guilty” Verdict

Question 16

True or False: A Civil Court did NOT find O.J. Simpson guilty of wrongful death.

Answer 16

False, he was forced to pay $33.4 Million in restitution.

Question 17

What 5 Freedoms are Enshrined in the 1st Amendment?

Answer 17

Freedom of Religion
Freedom of Speech (free expression)
Freedom of the Press
Freedom of Peaceful Assembly
Freedom to Petition the Government for a Redress of Grievances

Question 18

True or False: The Original Version of the United States Constitution regarded African Slaves and Native Peoples as 3/5th of a Person for representation purposes in Congress.

Answer 18

True, the 13th and 14th Amendments abolishes this clause.

Question 19

Which Constitutional Amendment gave Women the Right to Vote?

Answer 19

The 19th Amendment (1920)

Question 20

What are 3 aspects of the Rule of Law?

Answer 20

1.) It treats everyone equally.
2.) Prevents self-interest.
3.) Promotes Justice.

Question 21

Rule of Law: Constitutions are…

Answer 21

1.) Basic Law
2.) Provides Framework for Government

Question 22

Rule of Law: Statues come from the…

Answer 22

Legislative Process

Question 23

Rule of Law: Equity Law involves…

Answer 23

1.) No juries
2.) A Judge decides the case
3.) Litigants often ask for injunctions or restraining orders.

Question 24

True or False: Divorce Cases are an example of Equity Law.

Answer 24

True

Question 25

What are 3 Sources of the Law?

Answer 25

1.) Common Law: established through precedent, or doctrine of stare decisis. 2.) Administrative Law: Rules and Regulations from administrative Agencies (FCC, FTC, SEC) 3.) Executive Orders: Derived from the Executive Branch

Question 26

What is the difference between Trial Courts and Appellate Courts?

Answer 26

A Trial Court is a "trier of facts" while appellate courts hear appeals from trial courts and review the application of law.

Question 27

Explain Voir Dire.

Answer 27

A Process in which each prospective juror is questioned prior to be impaneled in an effort to discover bias.

Question 28

What is a Writ of Certiorari?

Answer 28

It is a discretionary order raised by the Supreme Court (At least 4 Justices) when it feels like an important legal question has been raised. Before a Writ of Certiorari is granted, it must be proven that the Petitioner has exhausted all legal avenues.

Question 29

True or False: 90% of all Direct Appeal cases presented for the Supreme Court to hear are rejected.

Answer 29

True

Question 30

What is a Circuit Split?

Answer 30

When two circuit courts rule in opposite verdicts on the same case. These cases are granted automatic Writ of Certiorari to be heard before the Supreme Court.

Question 31

What is Per Curiam?

Answer 31

A Decision of the Court with no author attached.

Question 32

What is Prior Restraint?

Answer 32

A sweeping government review that prevents the dissemination of ideas (usually through the Media) before publication.

Question 33

What are the steps of the "Media Law Dance"?

Answer 33

1.) What argument, if any, does the defendant have? 2.) What Constitutional Amendment is applied to that argument? 3.) If the 1st Amendment, what part of 1st Amendment? 4.) Do you think it's a Winning Argument, based on precedent and past SCOTUS decisions?

Question 34

What are the 3 Supreme Court "Education Cases", in which the Constitutional rights of children in the classroom were established?

Answer 34

1.) Tinker v. Des Moines 2.) Hazelwood v. Kuhlmeiler 3.) Morse v. Frederick