Why Study Communication Law and Ethics?
- should know enough to make on-spot judgments
- should know enough to alert superior, co-worker, etc. when potential legal or ethical problems are spotted
- should know enough to know when to make use of an attorney and make better use of their advice
How to Study Law and Ethics
- you have to study as well as read
- specific cases are not as important as application of the law
- you will need to practice applying the law to specific fact situations
- there is a difference between knowing a law exists and being able to usefully apply that law
What are You Supposed to Remember About a Case
- Question/Issue
- What is the legal issue? What question about the law is the court trying to decide?
- Facts
- What happened? What brought a suit? What law is challenged?
- Decision
- What did court decide? How does decision compare to lower court?
- Rule
- What is general principle that will apply to similar fact situations?
Section I
Introduction to the American Legal System
Learning Objectives
- to understand what the law is and where it comes from
- to understand the arena in which the law is practiced
What is Law?
- a set of rules
- a set of sanctions to enforce rules
- applies to a society
What is Ethics?
- a set of moral principles and values
- a guiding philosophy governing an individual
- no real sanctions
What is Policy
- a course of action to determine present and future decisions
- a plan to embrace general goals
- how things are done
- made up of law, ethics, etc.
- may apply to societies, groups, or individuals
The Government and the Legal System
- legislative - makes law
- executive - administers law
- judicial - interprets law
Five Sources of Law
- common law - judges and juries. Solutions based on precedents.
- law of equity - judges. More flexible and individual.
- statutory law - societal issues
- constitutional law - a framework. Provides basic rights.
- administrative law - for more complex issues.
Types of Courts
- trial courts - fact finding. Usually juried. Consider the facts and the law .
- appellate courts - law reviewing. Has the law been properly applied?
In most areas of mass media law, the crucial questions do not depend on disputed facts but on what legal rules apply to an accepted set of facts
The Federal Court System
- Supreme Court
- District Courts
- Courts of Appeal
State Courts
- trial courts
- appellate courts
Judicial Controversies
- criminal suits - state seeks to punish someone for illegal behavior. Can involve fines, jail.
- civil suits (torts) - between two private parties. Usually seek damages.
Legal Research
- primary materials - actual forms of the law
- secondary materials - discuss law
- finding aids