Understanding the Criminal Trial Process: A Comprehensive Guide, Exams of Media Laws and Ethics

Download Understanding the Criminal Trial Process: A Comprehensive Guide and more Exams Media Laws and Ethics in PDF only on Docsity! JOMC 486 Mass Media Law American Law and Courts Quiz Questions with Answers Statute - Correct answer an enactment made by a legislature and expressed in a formal document; judicial branches decide whether it is constitutional or not Major sources of American law - Correct answer -statutes -constitutions -common law -administrative regulations -executive orders Constitutions - Correct answer describe the organization of government, the powers of the various branches of the government and the limitations on those powers Judicial review - Correct answer the process by which judicial branches decide whether statutes are constitutional Facial challenge - Correct answer the complaining party is arguing the language of the statute, on its face, makes it unconstitutional; over broad or too vague As-applied challenge - Correct answer even if the statute can be constitutionally applied in some cases, it was not constitutional to apply it to the complaining party in this particular instance Common law - Correct answer concept comes from England; arises from the customs and practices of the people; it is not written down Precedents - Correct answer earlier cases Stare devises - Correct answer "let the decision stand;" when judges follow the precedent, deciding the case before them in the same way the earlier case was decided Administrative regulations - Correct answer created by administrative agencies established by the legislature to handle specific issues; examples: Federal Trade Commission, Federal Communications Commission Federal Trade Commission - Correct answer handles matters related to antitrust and deceptive advertising P a g e 1 | 7 Federal Communications Commission - Correct answer oversees the country's telecommunications systems; power to issue regulations regarding the matters within their jurisdiction Executive orders - Correct answer issued by presidents, governors and mayors; instructions to subordinates on how to carry out their duties Three levels of the federal and state court systems - Correct answer -trial courts -intermediate appellate courts -highest appellate courts Trial courts - Correct answer the lowest level; called district courts in the federal system and Nebraska; the lowest courts having the authority to hear and decide almost any kind of case Civil cases - Correct answer disputes between private individuals or institutions (divorces, child support, and child custody) torts - Correct answer in civil cases, when one party is seeking compensation for a wrong or an injury by another party; several branches of communications law are these (lawsuits for defamation, invasion of privacy and product disparagement) Plaintiff - Correct answer the party who files a complaint against another party in a civil case Defendant - Correct answer the person against whom the complaint was made in a civil case Two kinds of remedies a plaintiff will seek - Correct answer -damages -judicial decrees Damages - Correct answer the most common remedy sought, the money the plaintiff wants to compensate for the injury inflicted by the defendant; decided by juries Judicial decrees - Correct answer most often a restraining order or injunction that is sought by the plaintiff; decided by the judge Motion to dismiss - Correct answer a lawsuit should be dismissed because the claim is one for which the law offers no remedy or it is legally insufficient in some other way P a g e 2 | 7 Clear and convincing evidence - Correct answer meaning proof that the truth of the facts asserted is highly probable Motion for a directed verdict - Correct answer asks the court to find that the plaintiff or the state failed to prove its case adequately and that the only conclusion of a reasonable person could reach is that the trial should be ended Sidebars - Correct answer attorneys for both sides may meet with the judge for brief conferences to discuss procedural matters Closing arguments - Correct answer presented by attorneys for both sides after all the evidence has been presented; use these to construct stories that will allow the jurors to interpret the facts in ways favorable to their clients General verdict - Correct answer states only which side prevailed and how much damages must be paid Special verdict - Correct answer the jury must answer a series of specific questions relating to the main issues of the case Sentencing hearing - Correct answer takes place several months after the trial Motion for new trials - Correct answer granted if the losing party can persuade the judge that the verdict was contrary to the evidence, that the damage award was excessive or that some serious error was committed during the trial Motion for a judgment as a matter of law - Correct answer asks the judge to overrule the jury on the grounds that even if the facts are as the jury found them, the law requires a different verdict Appellant/petitioner - Correct answer the party who appeals the case Appellee/respondent - Correct answer the other party in the appellate court Appeals courts - Correct answer decides whether the evidence presented at a trial was legally sufficient to justify a particular decision or verdict Oral arguments - Correct answer each attorney has 15 or 20 minutes to summarize his or her case and answer questions from the judges P a g e 5 | 7 Opinion - Correct answer summarizes the facts of the case, describes its procedural history, reviews the legal principles governing the case, and applies those legal principles to the facts of the case to reach a decision Legal precedents - Correct answer published opinions that govern how courts will decide similar cases in the future How many judges does the Nebraska appeals court have - Correct answer six, one representing each of the six Supreme Court districts in NE The court of appeals hears all appeals from lower courts with what three exceptions - Correct answer -cases where the death penalty or life imprisonment has been imposed -cases where the constitutionality of a state statute is in question -cases where the Supreme Court has agreed to let the parties to an appeal bypass the Court of Appeals and go directly to the high court Original jurisdiction - Correct answer those kinds of cases in which the US Supreme Court may act as a trial court Appellate jurisdiction - Correct answer kinds of cases when the US Supreme Court may hear an appeal Function of the Supreme Court - Correct answer consideration of those cases whose decision involves principles, the application of which are of wide public and governmental interest opinion of the court - Correct answer the most important Supreme court opinion; represents the judgment of the majority of the justices as to what the law is and how it should be applied; becomes binding precedent for all lower courts on that point of law; has the support of at least 5 justices Per curia - Correct answer an unsigned opinion of the court; means "by the court" Concurring opinions - Correct answer written by justices who agree on how a case should be decided, but disagree on the legal reasons for that conclusion Plurality opinion - Correct answer when the court is divided over who should win and why, it is possible no opinion has the complete support of a majority of justices P a g e 6 | 7 dissenting opinions - Correct answer written by justices who disagree with the court's conclusion; have no legal force; may point to errors, omissions or flaws in the majority's opinion Memorandum orders - Correct answer announce whether the court is affirming or reversing a lower court decision Deference to legislative and executive branches - Correct answer the presumption is that acts of Congress and decisions by executive agencies are constitutional and consistent with existing laws Avoidance of constitutional issues - Correct answer when courts try to avoid addressing constitutional question Extraordinary majority - Correct answer vote of five of the seven judges in the Nebraska Supreme Court Judicial retention election - Correct answer voters decide whether to retain a particular judge in office Merit selection plan - Correct answer establishes the judicial nominating commissions (consists of citizens, lawyers, and one Supreme Court judge who meet, reviews candidates, and the governor appoints) Probationary period - Correct answer judges serve three to five years; voters decide whether to keep the judge in office or not P a g e 7 | 7