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The SUPREME source of law in the US and each state |
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A constitution does __________________. |
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defines the POWERS of the government and LIBERTIES of the people |
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The US Constitution supercedes all state constitutions and all other laws in the US |
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The supreme court has the authority to determine what laws are constitutional...this power is called |
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law at the levels of federal, state, and city...deals with statutes (or laws). Can be something federal like FOIA or broadcasting, state like libel, or city like noise regulations |
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complex, its the rules and decisions of administrative agencies such as the FCC, FTC |
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Administrative agencies are created to ________ ___________ ______ that require special attention |
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supervise governmental agencies |
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Administrative agencies are part of the EXECUTIVE brand of government! |
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law made by the PRESIDENT or GOVERNOR |
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examples of executive actions |
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*appointing regulators or administrators, issuing executive orders, making agreements with other countries, pardoning prisoners |
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The president's greatest influence through media law tends to be through _____ _________. |
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The US Senate must confirm the president's nominations. |
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the accumulation of rulings made by courts over the years, these rulings establish precedents |
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"let past decisions stand" ( precedent) |
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legal concept that allows judges to take action that is fair and just |
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An application of 'equity' in media law... |
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A judge can use EQUITY to prevent something from being published that would be a danger to national security. Equity allows judges to take action that is fair and just. |
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involves law enforcement by the government in response to illegal acts |
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dispute between two private parties (more common in media law) |
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the judge's ruling that only one outcome is legally permissible, so the case need not go to trial |
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juries that hear preliminary evidenve in criminal cases to decide if probable cause exists to have the defendant stand trial |
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specific ruling on the question before the court |
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when a judge agrees with the majority opinion, but does for different reasons or has more to say |
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majority opinion dissenting opinion (minority) |
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Types of courts: trial courts and appellate courts |
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appellate courts are reviewing questions of law concerning the lower courts--no juries, just judges
trial courts-find facts and apply the law |
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1. U.S. Supreme Court 2. US Courts of Appeals--13 circuits; oklahoma is in the 10th circuit 3. US District Courts (90) |
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Appeals courts do not have another trial. |
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*Oklahoma Supreme Court *Oklahoma Court of Criminal Appeals *Oklahoma Court of Civil Appeals *77 Oklahoma District Courts |
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