Comm Law
Terms
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- The name of the party bringing the case goes first or last
- First i.e. Commonwealth of Virginia v. Putney Pornographer, if he appeals, then Putney Pornographer v. Commonwealth, if it goes to Supreme Court, then Virginia v. Pornographer
- This type of suit involves disputes that fall outside criminal law (N.Y. Times v. Sullivan, N.Y. Times v. United States) - the government is not a party, but acts as a referee
- Civil Suit
- The Person who brings the case
- Plaintiff
- 5 Rights enunciated in the First Amendment
- Speech, Religion, Assembly, Press, Petition the government
- Judge made law, discovered law, established on precedence, this is the type of law discovered by judges
- Common Law
- If you were to hold up a 7-11 convenient store, what court would you go to - state or federal?
- State
- Law made by legislative bodies, such as Congress, the General Assembly, or even the Montgomery Board of Supervisors (these are laws made against murder, some against jaywalking)
- Statutory Law
- When the courts let the decision stand, based on precedence
- Stare Decisis
- What makes a dispute a federal case rather than a state case?
- The answer is jurisdiction, sometimes has to do with geographical, sometimes with law of the court itself; if federal law applies, you go to federal court
- Article 2 of the Constitution is about the
- Powers of the President
- True/False: The chief justice has no powers over other justices
- True: but a good reason to be a chief justice is that you control opinions
- If you were to hold up a bank, what court would you go to - federal or state?
- Federal, because banks are protected by the federal government
- List some values of the First Amendment
- It protects an extension of the thought process, adds stability to society, allows fuller participation in government, encourages the search for truth and knowledge
- The party bringing the case to court gets to argue first or second
- First, advantage is that they also get to argue last
- Law regarding the rules, regulations and guidelines officially declared by duly established administrative agencies such as the FCC or FTC
- Administrative Law
- This type of suit arises from a violation of some rule, i.e. a violation of statutory law (you can't do something and you do it anyway) - the government is a party to the suit
- Criminal Suit
- All cases begin in ______ courts
- Trial
- Law regarding the constitutions of the 50 states, the territories, local charters and the U.S. Constitution (no laws can be in conflict with the Constitution)
- Constitutional Law
- All the rules of conduct established by the authority or custom of a nation
- Law
- Article 3 of the Constitution is about the
- Powers of the Judiciary (court system)
- True/False: Trial courts determine the facts in a case
- True; appellate courts determine whether the law in the case has been properly applied; only a jury can determine what happened
- If the case begins in a federal court, it begins in a U.S. ______ Court
- District
- True/False: The New York Times is considered a person in a court of law.
- True
- Law regarding the treaties and other covenants between countries
- International Law
- Writ of Certiorari
- In the United States, certiorari is the writ that an appellate court issues to a lower court in order to review its judgment for legal error and review, where no appeal is available as a matter of right.
- A Civil Wrong; when a person claims that something was done that injured that person (such as invasion of privacy)
- Tort
- How many Circuit Court of Appeals are there today in America?
- 13, with the 4th circuit being in Richmond
- Article 1 of the Constitution is about the
- Powers of Congress
- Judge made law focused on outcomes that are fair or equitable; it takes the name from the fact that an important part of determining a case is concluding what is fair, or equitable
- Law of Equity
- Civil and Criminal Suits are settled in which courts
- Both Federal and State Courts
- Jurisdiction is the ____ of court
- Power
- In a criminal case, person charged with a crime, in a civil case, person being sued
- Defendant