Mass Media Law Notes
Mass Media Law Test #1
What is Law? A system to settle disputes. Primarily law serves to keep society orderly and is a system for settling disputes without violence.
5 sources of American Law 1) Common Reactive Laws: A system derived from England. Common reactive laws are an example of an “Inductive System of Law” (rules are developed over time after judges decide similar cases). There is a constant change in common reactive laws. i. The term “common” is used because its supposed to apply universally ii. Also used to distinguish from Ecclesiastical (Church) Law iii. Also called “Judge Made Law”- rules are made by judges who look to past cases 2) Equity Law: Emphasis on fairness. Role of precedent s more limited. Historically, it’s separated from law court but not they are joined. Equitable remedies include: iv. Temporary Restraining Order: stopping action while case is still pending. Action is halted once courts decide legality v. Preliminary Injunction: after case is done, the defiant is prevented from ever repeating action. Can be preventive or remedial 1. Preventive: stopping before it happens (difficult to get preventive injunction) a. To get preventive injunction, direct, immediate and irreparable harm must be present. Example: Coke Trade Secret 2. Remedial: stopping after it had already been done 3) Statutory (Preventive/Proactive) Law: Deductive system. Created by legislation and universally applies to and affects large groups of people. Attempts to anticipate problems before they happen. Rules are created beforehand. 4) Constitutional Law: US constitution is SUPREME LAW. Constitution > State Law, Constitution > everything. vi. Constitution outlines duties and responsibilities of government vii. Guarantees basic rights viii. Organize and establishes the government 5) Executive Orders/Administrative
What is Law? A system to settle disputes. Primarily law serves to keep society orderly and is a system for settling disputes without violence.
5 sources of American Law 1) Common Reactive Laws: A system derived from England. Common reactive laws are an example of an “Inductive System of Law” (rules are developed over time after judges decide similar cases). There is a constant change in common reactive laws. i. The term “common” is used because its supposed to apply universally ii. Also used to distinguish from Ecclesiastical (Church) Law iii. Also called “Judge Made Law”- rules are made by judges who look to past cases 2) Equity Law: Emphasis on fairness. Role of precedent s more limited. Historically, it’s separated from law court but not they are joined. Equitable remedies include: iv. Temporary Restraining Order: stopping action while case is still pending. Action is halted once courts decide legality v. Preliminary Injunction: after case is done, the defiant is prevented from ever repeating action. Can be preventive or remedial 1. Preventive: stopping before it happens (difficult to get preventive injunction) a. To get preventive injunction, direct, immediate and irreparable harm must be present. Example: Coke Trade Secret 2. Remedial: stopping after it had already been done 3) Statutory (Preventive/Proactive) Law: Deductive system. Created by legislation and universally applies to and affects large groups of people. Attempts to anticipate problems before they happen. Rules are created beforehand. 4) Constitutional Law: US constitution is SUPREME LAW. Constitution > State Law, Constitution > everything. vi. Constitution outlines duties and responsibilities of government vii. Guarantees basic rights viii. Organize and establishes the government 5) Executive Orders/Administrative