JOMC 486 Mass Media Law American Law and Courts Quiz Questions with Answers
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 devises - 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
P a g e 1 | 7 Federal Communications Commission - Correct answer oversees the country's telecommunications systems; power to issue regulations regarding the matters within their jurisdiction
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, and 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
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