1. The U.S. Consitution

2. U.S. federal laws

3. State constitution

4. State laws

5. Common law

6. Equity law

adopt rules and regulations, but not laws

ex. FCC

True. 

U.S. Federal courts, state courts, D.C., military

judge

lawyers

parties or defendant

jury

evidence

witnesses

cross-examination

judges and lawyers

briefs

the trial record

let past decisions rule

Courts will follow previously decided cases with facts similar to the cases before the judge

A judge must follow the decision of a higher court in the same court system.

All state and federal courts must follow U.S. Supreme court

False. 

1. Courts may distinguish the case before it from a previously decided case.

2. Courts may overrule its previous decision. Usually only done by supreme courts.

The government brings criminal charges against some company or someone.

Ex. assault and battery, homicide, theft

Government not involved, between individuals

ex. landlord and tenant, contracts, corporations, torts

Both sides agree on the facts OR

Judge looks at facts in least favorable light for party asking for summary judgment. 

Judge applies law to facts and makes a ruling

1. If a law is vague.

2. If a law is overbroad.

3. Prior restraint

A law is vague if an average person can't know what is legal or illegal. 

Ex. It is illegal to "play music too loudly"

A law is overbroad if it limits more speech than is consitutionally allowed

1. threat to national security

2. Obscenity

3. Incitement to violence

4. Fighting words

Location of ships during wartime

Location of troops during wartime

Compelling interest:

To protect public health, safety or welfare.

Speech.

Substantial interest:

Important (not compelling) government interest. Not a health or safety risk.

Speech and action.

Rational interest: can't be arbitrary interst, must prove that it's a fair law(applies to everyone and is logical and rational)

Action.

Content neutral government restriction

Time, place and manner restrictions.

Secondary effects. 

Intermediate.

Government must have a substantial interest and allow a reasonable alternative for expression.

strict scrutiny.

Government must show a compelling interest and be the most narrowly drawn regulation possible. 

1. Traditional

2. Designated

3. Non-public

Government regulates time and manner of use. 

Ex. City-owned auditorium, Norlin quad

Public assembly would conflict with the primary usage of the space. 

Ex. military base, airports, prisons, post offices

The first amendment protects against the government forcing a person to speak.

Ex. Pledge of allegiance, license plate, St. Patrick's day parade

Limiting one side of an argument, but allowing other sides.

Courts apply strict scrutiny

No direct governmental limit on speech, but government allows speech restriction.

Ex. Hostile audience

Unprotected speech

1. Clear and present danger

2. Speech causing harm to others

1. Advocacy,

2. Directed to inciting or producing

3. Imminent lawless action

4. and is likely to cause that action

black mail

extortion

obscenity

child pornography

fighting words 

out-of-pocket losses.

Money lost because of slander (in old England)

Plaintiff doesn't have to prove special damages if words fall into 4 categories:

1. serious crime

2. injure person in his/her business or profession

3. serious sexual misconduct

4. accusation of having a loathsome disease

• A false statement
• That is published
• and that injures a plaintiff's reputation

• A statement of fact (not opinion)
• That is published
• Is of and concerning the plaintiff
• is defamatory
• is the result of fault by the defendant
• is false
• that causes actual or presumed injury
• and is not absolutely or conditionally priveleged

1. Publication

2. Identification

3. Defamation

4. Fault

5. Falsity

6. Damages

If there are fewer than 25, any member may prove defamation.

If there are more than 100 in the group, not a chance. 

1. A substantial and respectable minority of the community thinks less of the plaintiff

2. The plaintiff is hurt in his/her job or profession

3. Plaintiff is accused of a serious crime