Quiz 1 Flashcards
(29 cards)
What source of law is derived from legislation
Statutory Law
If someone claims their free speech rights have been violated, what type of law are they challenging?
Constitutional law
When the U.S. Supreme Court establishes a precedent, it may only be overruled by
The U.S. Supreme Court
A corporation requesting a restraining order to bar the publication of damaging material would be an example of what type of law?
Equity law
Which type of laws must comply with the U.S. constitution
All laws
A law may be found over broad on the basis that it:
Limited more activity than necessary to address the problem
A law may be found to be vague on the basis that it:
Is too difficult to clearly tell what activity is allowed and what is prohibited.
One reason courts may overturn decision made by administrative agencies like the Federal Communications Commission when:
The courts determine the agency had exceeded its own authority
Executive orders may be issued by:
The president, mayor, and governor of a state
Regulations pertaining to advertising and broadcasting fall under which type of law?
Administrative
What is a main difference between trial courts and appellate courts
Trial courts find facts, while appellate courts review the application of law
What is the most influential source of law in the U.S.
Constitutions
T or F: Statues are preventative laws meant to control the behavior of large numbers of people
True
________ establish rules for government-regulated industries that carry the force of law.
Administrative agencies and federal departments
A legal principal drawn from a court decision that provices authority for judges deciding similar cases later.
Precedent
The legal test that courts use to determine the fate of wrongful death and negligence claims that are levied against a specific book, record, or film use?
Brandenburg Test
Primary goal of free speech under the marketplace of ideas metaphor is:
Discovery of the truth
The first amendment only protects against
Government suppression of expression
The ________ applies part of the Bill of Rights, to the states through the 14th amendment
Incorporation Doctrine
What is a form on censorship that takes place before the material is published
Prior restaint
The proper goal of a person is to realize their character and potential as human beings. To do that, minds must be free. If any ideas are suppressed, that is going against human nature.
Individual Fulfillment
Allow people to make their statements and to veent pressure that otherwise might manifest into violence
Safety valve
Speech must be absolutely protected when it addresses issues with which voters will have to eal. If it has to do with public issues, it should be protects.
Self governance
Congress has the right to outlaw certain kinds of conduct that might be harmful to the nation.
Clear and present danger test
