JOMC 486: Mass Media Law American
Law and Courts Quiz with Complete Solutions 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 decisis - 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 Federal Communications Commission - Correct Answer oversees the country's telecommunications systems; power to issue regulations regarding the matters within their jurisdiction 1 / 2
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, 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 answer - Correct Answer filed by the defendant; sets forth the defendant's version of the facts and interpretation of the law status conference - Correct Answer held by the judge and the attorneys; to set a timetable for concluding pre-trial activities and setting a tentative trial date issues conference - Correct Answer held by the judge where attorneys try to agree on undisputed facts and what legal points are at issue
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