Chapter 14: Courts, Media, and the Litigation Explosion

Question 1

courts of public opinion

Answer 1

informal reactions to legal cases by unofficial pollsters and media broadcasters who cover high- profile cases on television and in the newspapers

Question 2

tort actions

Answer 2

any legal proceeding where a plaintiff is seeking damages from a defendant for a civil wrong

Question 3

pretrial publicity

Answer 3

any media attention given to a case before it is tried in court

Question 4

case specific pretrial publicity

Answer 4

direct familiarity with actual events that transpired in particular cases where persons are able to serve as jurors

Question 5

general pretrial publicity

Answer 5

informations about crime and the criminal justice system involving general details of types of crime and offenders and victims covered by the news media regularly which shapes our perceptions

Question 6

gag order

Answer 6

official declaration by the judge in a trial proceeding that all parties in the action including the jurors, must retain from discussing the case with the media

Question 7

change of venue

Answer 7

a change in the place of trial, usually from one county or district to another

Question 8

judicial instructions

Answer 8

specific admonitions to jurors, prosecutors, and defense counsels to do or retain from doing different things

Question 9

jury selection

Answer 9

the process whereby a jury is impaneled for either a civil or criminal trial proceeding

Question 10

torts

Answer 10

private or civil wrong doings on injuries, for which the court will provide a remedy in the form of an action for damages

Question 11

doctrine of contributory negligence

Answer 11

theory holding that a plaintiff own actions has brought about injuries for which they seeks relief from a defendant

Question 12

doctrine of assumptive risk

Answer 12

theory holding that plaintiffs who engage in dangerous enterprises must accept some or all of the responsibility when accidents happen to them

Question 13

doctrine of last clear chance

Answer 13

theory holding that when an accident occurs, the responsibility lies largely with the party who has the last clear chance to avoid the accident

Question 14

doctrine of res ispa loquitur

Answer 14

“the thing speaks for itself”, blame in a legal action lies on the part of the defendant, since the instruments bringing about the injury to a plaintiff was within the control of the defendant

Question 15

fellow servant doctrine

Answer 15

theory holding employer responsible for actions of employees

Question 16

vice principal doctrine

Answer 16

theory holding that someone may be sued by another if he/she is a supervisor or boss and not necessarily the owner of an organization

Question 17

tort reform

Answer 17

any action taken by an individual or groups to revise existing rules governing tort actions in courts