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Law and Ethics of Mass Media
Test 1 Chapter 1
36
Law
Undergraduate 3
02/13/2013

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Term
Appellant
Definition
the party who appeals a court judgement to a higher court; sometimes called the petitioner.
Term
Appellate court
Definition
a court with jurisdiction to hear appeals and review the rulings of trial courts.
Term
appellee
Definition
the party against whom an appeal is taken; sometimes called the respondent.
Term
arraignment
Definition
a criminal proceeding in which an accused is brought before the court to hear the charge against him and to enter a plea of guilty or not guilty.
Term
Bill of Rights
Definition
The first ten amendments to the U.S. Constitution, tarified by the states in 1791
Term
case law
Definition
law derived from the previous, published decisions of appellate courts.
Term
certiorari
Definition

a discretionary order commonly used by the U.S. Supreme Court to indicate that the Court has agreed to review a case.

"Granting cert"

Term
civil law
Definition
the law pertaining to noncriminal matters in which one person or business sues another to obtain some legal relief.
Term
common law
Definition
legal rules and principles that originate solely from judicial decisions, as distinguished from the laws enacted by legislatures.
Term
constitution
Definition
the fundamental law of a nation or state, typically est. the gov't basic organization and describing the extent and limits of its sovereign powers.
Term
constitutional law
Definition
law concerning the basic organization and powers of government and the individual liberties enumerated in constitutions.
Term
contract
Definition
a legally enforceable agreement made either orally or in writing.
Term
courts of equity
Definition
courts that operated by a distincive set of rules nd offered alternative remedies to the usual money damages. (The most common equitable remedy is injunction)
Term
criminal law
Definition
the state and federal statutes that define crininal offenses and punishment. Criminal cases are brought to trial, or prosecuted by gov't lawyers.
Term
dissenting opinion
Definition
an appellate court opinion by one or more judges explaining their disagreement with the decision of the majority.
Term
diversity of citizenship
Definition
a type of federal court litigation in which the opposing parties are citizens of different states
Term
doctrine of judicial review
Definition
principle that the courts have authority to review and declare unconstitutional the actions of other branches of gov't.
Term
doctrine of precedent
Definition
a basic rule of the U.S. judicial system that earlier decisions of a court shall serve as guiding authority to be followed when the court again faces an identical or similar issue.
Term
Federal Circuit
Definition
judicial divisions for the U.S. Courts of Appeal, includes 11 multistate circuits, 1 for the District of Columbia, and 1 nationwide jurisdiction to hear appeals in certain specialized kinds of cases.
Term
grand jury
Definition
a body of citizens whose duty is to determine whether probable cause exists to formally charge someone with a crime.
Term
indictment
Definition
the formal accusation issued by a grand jury against a person charged with a crime.
Term
injunction
Definition
a court order that a defendanct act, or refrain from acting, in a particular manner
Term
jurisdiction
Definition
authority of government and its courts to make and enforce laws and to decide cases. Limited y territorial and subject matter boundaries.
Term
justiciable controversy
Definition
a specific legal dispute between people or entities whose legal rights are in jeopardy, as opposed to a controversy that is hypothetical, academic, or moot.
Term
law of equity
Definition
a separate system of law deeloped in England for the purpose of granting remedies other than money damages. (An injunction is referred to as an equitable remedy)
Term
litigant
Definition
a party to a lawsuit (plaintiff or defendant)
Term
motion to suppress
Definition
a common motion in criminal cases whereby the defendant requests that certain evidence be ruled inadmissible at trial.
Term
personal juristiction
Definition
a court's power to bringa particular person or company into its adjudicative proceedings.
Term
remand
Definition
to send a case from the appellate court back down to the trial court where it was originally heard.
Term
statutory law
Definition
law enacted by legislative bodies, including Congress and the state legislatures, as opposed to common law.
Term
subject matter jurisdiction
Definition
a court system's power to consider a particular kind of case of type of law.
Term
torts
Definition

wrongful acts, other than breach of contract, for which the law gives the injured party legal remedy against the wrongdoer in civil court.

(Invasion of privacy, trespass, libel, negligence, infliction of mental distress)

Term
U.S. Court of Appeals
Definition

intermediate appellate courtin the federal judicial system

11 geographic circuits plus the District of Columbia, each have their own Court of Appeals. Cases typically heard by panels of 3 judges.

Term
U.S. District Court
Definition
a trial court in the federal judicial system with general jurisdiction, each state has at least one U.S. District Court.
Term
U.S. Supreme Court
Definition
nation's highest-ranking court; the court of last resort. An appellate court consisting of the chief justice of the U.S. and 8 associate justices.
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