Legal System 2013

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Legal System 2013

  1. 1. THE U.S. LEGAL SYSTEM Miriam A. Smith Broadcast and Electronic Communication Arts Department San Francisco State University2/27/2013
  2. 2. 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.2/27/2013
  3. 3. 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.2/27/2013
  4. 4. Where does U.S. law come from? Medieval England U.S. Constitution -- constitutional law Congress -- statutory law Government Agencies -- administrative law Courts -- modern case law2/27/2013
  5. 5. Who is this guy?2/27/2013
  6. 6. Medieval England 10662/27/2013
  7. 7. COMMON LAW The body of customary law, based upon judicial decisions and embodied in reports of decided cases Encyclopedia Britannica Online 2/27/2013
  8. 8. equity law remedy at law was insufficient (damages or return property)2/27/2013
  9. 9. U.S. Constitution2/27/2013
  10. 10. U.S. Constitution  supreme law of the land  standard by which all actions of government are measured  Constitution -- 1787  Bill of Rights -- 17912/27/2013
  11. 11. Bill of Rights2/27/2013
  12. 12. Bill of Rights = First 10 Amendments First Amendment -- freedom of expression Sixth Amendment -- speedy and fair trial Fourteenth Amendment -- equal rights2/27/2013
  13. 13. Congress2/27/2013
  14. 14. Inside Congress2/27/2013
  15. 15. 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  Im Just a Bill2/27/2013
  16. 16. Statutes . . .  Are implemented through rule making of relevant government agency  May be challenged in court -- on grounds do not meet requirements of constitution  vague  overbroad2/27/2013  U.S. Code
  17. 17. Administrative Law regulations established by independent regulatory agencies  Federal Communications Commission (FCC)  Federal Trade Commission (FTC) implement legislation (Acts of Congress)2/27/2013
  18. 18. The Federal Trade Commission2/27/2013
  19. 19. U.S. Case Law2/27/2013
  20. 20. 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 rare2/27/2013
  21. 21. Legal Distinctions Civil and Criminal Federal and State2/27/2013
  22. 22. Civilv. Criminal Law2/27/2013
  23. 23. 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 doubt2/27/2013
  24. 24. 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 evidence2/27/2013
  25. 25. Criminal Law =2/27/2013
  26. 26. Civil Law =2/27/2013
  27. 27. Types of Civil Law Contract Law Tort Law Copyright Law Intellectual Property Law2/27/2013
  28. 28. Contract legally binding mutual promises to perform in a certain way under certain circumstances2/27/2013
  29. 29. Contract Law way of enforcing promises agreements to broadcast ad production agreements offer, acceptance, consideration breach of contract2/27/2013
  30. 30. Tort Law injury to person, thing or relationship2/27/2013
  31. 31. Tort Law libel and slander invasion of privacy infliction of emotional distress must prove negligence, gross negligence, malice, or strict liability2/27/2013
  32. 32. Copyright Law rights created by Copyright Act2/27/2013
  33. 33. Copyright Act five exclusive rights can act against anyone who violates any of the five exclusive rights exception for “fair use”2/27/2013
  34. 34. Copyright Act2/27/2013
  35. 35. Remedies What do you want done?2/27/2013
  36. 36. Remedies Damages Equitable remedies  restitution  injunction2/27/2013
  37. 37. Federal and State The Judicial System2/27/2013
  38. 38. Federal Courts U.S. District Court -- trial courts U.S. Circuit Courts -- appellate courts U.S. Supreme Court -- the court of last resort2/27/2013
  39. 39. Federal Court Jurisdiction Broadcast regulations Cable regulations Copyright Patents Diversity2/27/2013
  40. 40. 2/27/2013
  41. 41. State Courts Superior Court California Court of Appeal California Supreme Court2/27/2013
  42. 42. State Court Jurisdiction Contract Torts  privacy  libel Unfair competition2/27/2013
  43. 43. Concurrent (shared) Jurisdiction trademarks advertising antitrust obscenity2/27/2013
  44. 44. Legal Procedure2/27/2013
  45. 45. Legal Procedure -- Civil Complaint Answer Discovery Pretrial Motions and Hearings Settlement Conference Trial Appeal2/27/2013
  46. 46. 2/27/2013
  47. 47. Legal Procedure -- Criminal  Investigation  Arrest  Criminal complaint filed  Arraignment  Preliminary Hearing or Grand Jury Indictment  Pretrial motions and hearings  Trial  Sentencing2/27/2013  Appeal
  48. 48. Injunctions Inadequate remedy exists at law Irreparable harm2/27/2013
  49. 49. Summary Judgment material facts are not controverted entitled to prevail as a matter of law2/27/2013
  50. 50. In a jury trial . . . Jury -- determines questions of fact Judge -- determines questions of law2/27/2013
  51. 51. 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. Minnesota2/27/2013

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