Save
Busy. Please wait.
Log in with Clever
or
show password
Forgot Password?
Don't have an account?  Sign up 
Sign up using Clever
or
Username is available taken
show password


Make sure to remember your password. If you forget it there is no way for StudyStack to send you a reset link. You would need to create a new account. Your email address is only used to allow you to reset your password. See our Privacy Policy and Terms of Service.

Already a StudyStack user? Log In

Reset Password
Enter the associated with your account, and we'll email you a link to reset your password.
focusNode
Didn't know it?
click below
 
Knew it?
click below
Don't Know
Remaining cards (0)
Know
0:00
edit
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.

  Normal Size     Small Size show me how

Media Law Chapter 1

Vocabulary from Communication Law: Practical Applications in the Digital Age

QuestionAnswer
Executive Branch The executive branch of government has authority for execution of the laws. In the federal government, executive authority derives from the president.
Legislative Branch The legislative branch of government has the authority to pass laws. In the federal government, the legislative authority rests in congress.
Judicial Branch The judicial branch of government is the court system. In the federal government, judicial authority rests in the Supreme Court, and whatever lower federal courts congress may establish.
Bill of Rights First ten amendments to the U.S. Constitution.
Judicial Review The doctrine under which the judiciary is the final interpreter of the constitutionality of executive and legislative actions.
Writ of mandamus Issued by courts to command lower courts or government officials to perform specific actions.
Statutory law Law that is enacted into statute by a legislative body.
Supremacy clause Federal law is supreme whenever a conflict arises between federal and state law.
Common law Law that represents the precedent set by courts in past decisions.
Stare decisis The legal doctrine that judges are bound to follow the decisions of past courts, or precedent, in deciding similar cases.
Landmark rulings Cases that establish new legal principles. (Go against the precedent.)
Equity law Courts of equity were able to grant equitable remedies, which require the parties to perform, or refrain from, certain actions rather than simply requiring a defendant to pay monetary damages.
Injunctive relief A form of equitable remedy; but rather than commanding action, injunctive relief commands inaction, prohibiting the respondent from acting.
Executive orders Issued by the president to direct the executive branch as to how it should execute the law. Many executive orders carry the force of statutory law by congressional consent.
Administrative law Law that derives authority from being part of the regulations set out by executive agencies.
Criminal law The body of law that defines conduct prohibited and punished by the state.
Civil law The body of law that regulates disputes between private parties
Burden of proof Refers to the threshold of certainty a party in court must meet to prove a matter in dispute.
Beyond a reasonable doubt The highest burden of proof in criminal cases.
Preponderance of evidence Likely standard of proof.
Clear and convincing evidence Media standard of proof.
Plaintiff In a civil trial, the party bringing the action.
Damages Money awarded to the plaintiff in a civil suit, to be paid by a defendant.
Indictment A formal accusation that a person has committed a felony or serious crime. After a grand jury hearing, the grand jury issues either a true bill, in which case the person is charged, or a no bill, in which case the person is not charged.
Miranda warning Requirement to apprise suspects of their rights.
Discovery Pre-trial phase in which each party is entitled to request and gain access to evidence possessed by the other side.
Depositions Out of court sworn oral testimony that is transcribed for use at trial.
Arraignment A hearing where formal charges are read against a criminal defendant and the defendant is expected to enter a plea.
Nolo contendere A plea entered by the defendant in a criminal proceeding, which admits neither guilt nor innocence, but does not contest the charge.
Voire Dire The pre-trial process of jury selection.
Change of venue Moving a trial to a different geographical location.
Change of venire Importing jurors from a different geographical location.
Continuance Postpones proceedings until a later date.
Peremptory challenge A challenge to a juror in voire dire that is not for cause. most jurisdictions afford attorneys one or more "strikes" without giving a reason for striking the names.
Reversible error Error found by an appellate court to have occurred at trial that sufficiently prejudiced the outcome to warrant reversal.
Harmless error Error found by an appellate court to have occurred at trial that did not sufficiently prejudice the outcome to warrant reversal.
Vacated A vacated judgment voids a previous judgment.
Remanded A higher appellate court may send back, or remand, a case to a lower court for some subsequent action.
Tort From the Latin "break", a tort is a civil wrong that involves the breach of a duty to someone else, resulting in foreseeable harm.
Respondent The responding party in a legal proceeding, particularly in appellate proceedings or proceedings initiated by petition.
Defendant The accused in a criminal legal proceeding, or responding party in a civil proceeding initiated by complaint.
Demurrer A motion that challenges the legal sufficiency of a claim set forth in a filing by an opposing party.
Summary judgment A final judgment for one party without trial when a court finds either no material fact is in dispute, or when the law alone clearly establishes one party's claim.
Interrogatories Written questions pertinent to the case posed by attorneys for both sides in the discovery phase of a trial
Actual damages Also called compensatory damages, this is the monetary compensation designed to remedy the losses suffered by the plaintiff.
Punitive damages This type of damage award is not intended to make the plaintiff whole, but to act as an additional deterrent to the type of conduct the defendant engaged in.
De novo From the Latin, "From the beginning," When an appellate court reviews a non-jury trial record, it may conduct the review de novo, meaning to look for error in the judge's findings of fact as well as matters of the law.
Writ of certiorari A writ the U.S. Supreme issued to review a lower court's decision.
Concurring opinion When justices agree with the result reached by the majority, but they think the majority's rationale is wrong. They do agree, but offer a different rationale.
Memorandum order Indicates the winning party but does not explain why.
Per curiam order A decision rendered with an opinion, but not signed.
Created by: marisah92
Popular Law sets

 

 



Voices

Use these flashcards to help memorize information. Look at the large card and try to recall what is on the other side. Then click the card to flip it. If you knew the answer, click the green Know box. Otherwise, click the red Don't know box.

When you've placed seven or more cards in the Don't know box, click "retry" to try those cards again.

If you've accidentally put the card in the wrong box, just click on the card to take it out of the box.

You can also use your keyboard to move the cards as follows:

If you are logged in to your account, this website will remember which cards you know and don't know so that they are in the same box the next time you log in.

When you need a break, try one of the other activities listed below the flashcards like Matching, Snowman, or Hungry Bug. Although it may feel like you're playing a game, your brain is still making more connections with the information to help you out.

To see how well you know the information, try the Quiz or Test activity.

Pass complete!
"Know" box contains:
Time elapsed:
Retries:
restart all cards