Textbook Ch. 1

Mass Media Law 2003/04By Don R. Pember
Chapter 1
The American Legal System
Sources of Law
U.S. and State Constitutions
A sort of outline or plan, fixed, hard to change
Common Law
“discovered,” custom of court, precedent
Law of Equity
Begins where common law leaves off
Statutory Law
Passed by arms of the state, anticipates problems
Rulings
Administrative agencies, seldom reviewed by courts

U. S. Court System
Trial Courts

Fact-finding
Appellate Courts

Law-reviewing
Cases in Federal Court System
Arising from U.S. Constitution, U.S. law and U.S. Treaties
Involving ambassadors/ministers of foreign countries
Involving admiralty and maritime law

Between a state and a citizen of another state
Between citizens of different states
Between two states
When U.S. is a party to a suit
Federal Courts
94 District Courts: 650 judges
13 Circuits in U.S. Court of Appeals
Minnesota is in 8th Circuit
(See map on page 25)
(Judges usually appointed)
State Court Systems
Trial Courts
Courts of limited jurisdiction (traffic, etc.)
County or State Courts
Sometimes appeals courts, sometimes trial courts of general jurisdiction
(Judges usually elected)
State Supreme Court

Terms to Know
Plaintiff
Defendant
Jury
Appellant
Appellee (respondent)
Grand Jury
Indictment
Per Curiam Opinion

Civil Suit
Criminal action
Impeachment
Court’s Opinion
Concurring Opinion
Dissenting Opinion
Writ of Certiorari
Oral Arguments
First Amendment Theories
Absolutist (There can be no compromise)
Marketplace (The best ideas prevail)
Liberty or Individual Autonomy
Ad Hoc Balancing (a narrow strategy)
Preferred Position Balancing
All other rights depend upon free speech
Meiklejohn Theory (Democracy the goal)
Access Theory (Fairness Doctrine)
Prof. Don Gillmor1st Amendment Scholar
“It’s been a paradigm change from speech vs. stability to speech vs. equality.”