Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Govt and Media > Terms > Flashcards

Terms Flashcards

1
Q

Sources of Law (3)

A

Constitution of the US
Legislative Law
Judicial decisions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Writ of Certiorari

A

order lower court to give higher court record of case for review

only case they have to take is when appeal was won of criminal defendant found guilty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Steps to a lawsuit

A

file complaint
discovery
mediate or arbitration or trial before jury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

vague laws

A

fail to define terms on or use general language that citizens and judges don’t know what laws permit or punish

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

discretion

A

authority to determine proper outcome

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

overbroad law

A

directs courts to find laws unconstitutional if they restrict more legal activity than necessary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

precedent

A

outcome of previous case to determine future cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Marbury V. Madison

A

SCOTUS establishes court’s power to interpret laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

constitutional law

A

establishes nature and function and limits of gov’t

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

statutory law

A

written law formally enacted by city, county, state, federal legislative bodies

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

equity law

A

decide cases based on fairness and ethics to determine proper remedy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

black letter law

A

formally enacted written law available in legal reporters or other documents

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

administrative law

A

orders, rules, regulations, promulgated by exec. branch administrative agencies to carry out delegated duties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

federalism

A

states are related to and independent of each other and related/independent of federal gov’t

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

branches of gov’t

A

legislative
judicial
executive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

statutory construction

A

process by which courts determine proper meaning/application of statutes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

strict construction

A

literal meaning is applied (right to bear arms, etc.)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

facial meaning

A

plain, straightforward meaning

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

deference

A

court relies heavily on judgements and intentions of administrative experts that enacted law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

facial challenge

A

no situation where law can be interpreted as constitutional

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

judicial review

A

meaning of constitution, determination of violation of constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

modify precedent

A

change, don’t follow previous outcome of a case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

jurisdiction

A

geographic area of responsibility/authority of court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

forum shopping

A

choosing a court to rule in plaintiff’s favor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

de novo

A

“over again”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

amicus curiae

A

“friends of the court”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

amicus brief

A

submission to court from friends of court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

en banc

A

“on the bench”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

remand

A

send back to lower court for further action

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

per curiam opinion

A

unsigned opinion by the court as a whole

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

memorandum order

A

announcing vote of SCOTUS without providing opinon

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

originalists

A

interpret Constitution according to intent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

textualists

A

careful reading of legal text to determine meaning

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

tort

A

private/civil wrong for which court can provide remedy in form of damages

35
Q

demurrer

A

court dismisses case –> claims are true but insufficient to warrant judgement against defendant

36
Q

venire

A

“to come”, location where potential jurors are from

37
Q

voir dire

A

“to speak the truth”

38
Q

holding

A

decision/ruling of court

39
Q

peremptory challenge

A

releasing juror without reason (limited #)

40
Q

appellant

A

party making appeal (petitioner)

41
Q

appellee

A

party against whom an appeal is made

42
Q

strict liability

A

liability without fault for any/all harms which result from product or action

43
Q

why we need first ammendment

A

1) to determine what is true (can’t access what you can’t see)
2) we govern ourselves (hire people to do it with recalls and impeachments)
3) allowing for change with stability (vote every 4 years, keeping public in the know)

44
Q

prior restraint

A

telling someone in advance they can’t say a specific thing

45
Q

compelling state’s interest

A

national security concerns (child porn, etc.)

46
Q

bad tendency

A

bad insult to a group = bad response

47
Q

clear and present danger analysis

A

objective, imminent harm, doesn’t include hate speech

48
Q

content-neutral regulation

A

1) time – no 3am advertising
2) places – parade permit, let EMT know streets are closed
3) manner – can’t deface gated community with flyers or burn draft cards

49
Q

Citizens United Case

A

money is considered speech

50
Q

original intent

A

perceived intent of framers of first amendment that guides contemporary application

51
Q

ad hoc balancing

A

decision made based on facts instead of general principles

52
Q

categorical balancing

A

weighing of different broad categories (political speech v. privacy) applied to later cases

53
Q

defamation

A

false communication to harm reputation (libel and slander)

54
Q

libel

A

oral publication of defamation

55
Q

slander

A

written publication of defamation

56
Q

injunction

A

court order prohibiting person/group from doing something (must be specific)

57
Q

strict scrutiny

A

court test for constitutionality of laws with speech content

58
Q

content neutral laws

A

incidentally and unintentionally affect speech as they advance other gov’t interests

59
Q

laws of general application

A

taxes, equal employment, reviewed under minimum scrutiny

60
Q

rational review

A

standard of judicial reviewq

61
Q

content-based laws

A

enacted because message, subject or ideas expressed in speech

62
Q

symbolic expression

A

action warrants first amendment protection because primary purpose is to express ideas

63
Q

O’Brien test

A

used to determine neutral law is constitutional

64
Q

chilling effect

A

discouragement of constitutional right by free speech, creates uncertainty about exercise of right

65
Q

as applied

A

interpretation of statute on basis of actual effects on parties in present case

66
Q

incorporation doctrine

A

14th amendment, most of bill of rights applies to states equally

67
Q

proximate cause

A

legal determination of reasonability to conclude defendants actions led to plaintiff injury

68
Q

hate speech

A

name calling, pointed criticism, that demeans others on a basis

69
Q

underinclusive

A

disfavors narrow laws that target subset of unrecognized category for discriminatory treatment

70
Q

damages

A

monetary compensation recovered in court

71
Q

sedition act of 1798

A

crime to write false statements against president or member of congress

72
Q

burden of proof

A

required for party to demonstrate one or more claims by presentation of evidence

73
Q

libel per se

A

statement whose injurious nature is apparent and requires no further proof

74
Q

libel per quod

A

statement whose injurious nature requires proof

75
Q

actual malice

A

knowing the statement is false and not caring

76
Q

deposition

A

testimony by witness conducted outside courtroom

77
Q

types of damages

A

special
general (compensatory)
punitive

78
Q

special damages

A

out of pocket expenses incurred because of what someone did (quantifiable receipts)

79
Q

general damages

A

I was hurt this much (doesn’t have to be physical)

80
Q

punitive damages

A

punishment for bad conduct, publishing defamation

81
Q

7 things to prove

A 
false and defamatory statement
must be published
ID
actual harm
negligence or fault
lack of privilege
actual malice
82
Q

negligence

A

circumstances call for response but the person does something else

83
Q

NYT V. Sullivan

A

no public official can win monetary damages because of defamatory statement about conduct in office

Govt and Media (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions