1. 10/20/10 THE U.S. LEGAL SYSTEM Miriam A. Smith Broadcast and Electronic Communication Arts Department San Francisco State University
2. 10/20/10 WHAT IS THE LAW? A set of rules, promulgated by government agencies with authority to do so, that attempt to guide conduct, and subsequently provide sanctions when the rules are violated.
3. 10/20/10 LAW The discipline and profession concerned with the customs, practices, and rules of conduct of a community that are recognized as binding by the community. Enforcement of the body of rules is through a controlling authority.
4. 10/20/10 Where does U.S. law come from? Medieval England U.S. Constitution -- constitutional law Congress -- statutory law Government Agencies -- administrative law Courts -- modern case law
6. 10/20/10 COMMON LAW The body of customary law, based upon judicial decisions and embodied in reports of decided cases Encyclopedia Britannica Online
7. 10/20/10 equity law remedy at law was insufficient (damages or return property)
9. 10/20/10 U.S. Constitution supreme law of the land standard by which all actions of government are measured Constitution -- 1787 Bill of Rights -- 1791
11. 10/20/10 Bill of Rights = First 10 Amendments First Amendment -- freedom of expression Sixth Amendment -- speedy and fair trial Fourteenth Amendment -- equal rights
14. 10/20/10 To become a statute . . . bill introduced in House if passed, transmitted to Senate Senate may pass, reject or amend Senate amendments considered by House if passed by House and Senate -- must be approved by President if President vetoes, need 2/3rds vote to override veto I'm Just a Bill
15. 10/20/10 Statutes . . . Are implemented through rule making of relevant government agency May be challenged in court -- on grounds do not meet requirements of constitution vague overbroad U.S. Code
16.
17. 10/20/10 Administrative Law regulations established by independent regulatory agencies Federal Communications Commission (FCC) Federal Trade Commission (FTC) implement legislation (Acts of Congress)
21. 10/20/10 U.S. Supreme Court original jurisdiction Ambassadors, state is a party appellate jurisdiction direct appeal -- ruled federal law unconstitutional writ of certiorari -- important legal question certification -- lower courts ask questions, very rare
23. 10/20/10 Civil and Criminal Law Why was O.J. acquitted in one court and found “guilty” in another?
24. 10/20/10 Criminal Law government prosecutes accused individuals on behalf of the people purpose is to impose punishment punishment includes fines or imprisonment highest standard of proof (burden of proof) beyond a reasonable doubt
25. 10/20/10 Civil Law essentially private law harmed individuals or entities (companies, government) can sue those who do harm seek redress of wrongs burden of proof clear and convincing preponderance of the evidence
26. 10/20/10 Types of Civil Law Contract Law Tort Law Copyright Law Intellectual Property Law
27. 10/20/10 Contract legally binding mutual promises to perform in a certain way under certain circumstances
28. 10/20/10 Contract Law way of enforcing promises agreements to broadcast ad production agreements offer, acceptance, consideration breach of contract
30. 10/20/10 Tort Law libel and slander invasion of privacy infliction of emotional distress must prove negligence, gross negligence, malice, or strict liability
47. 10/20/10 Summary Judgment material facts are not controverted entitled to prevail as a matter of law
48. 10/20/10 In a jury trial . . . Jury -- determines questions of fact Judge -- determines questions of law
49. 10/20/10 Legal Citation last names of parties Kramer v. Kramer name of case is underlined or italicized volume reporter page (year court) 283 U.S. 697 (1931) Near v. Minnesota
