Podcast
Questions and Answers
What is the primary purpose of the $75,000 threshold in diversity-of-citizenship cases in federal courts?
What is the primary purpose of the $75,000 threshold in diversity-of-citizenship cases in federal courts?
- To provide a financial incentive for parties to litigate in federal versus state court.
- To prevent state courts from handling cases that could affect interstate commerce.
- To ensure that federal courts handle only cases involving significant constitutional issues.
- To limit the number of relatively minor civil lawsuits handled by federal courts. (correct)
What does the requirement of 'complete diversity' mean in the context of federal court jurisdiction?
What does the requirement of 'complete diversity' mean in the context of federal court jurisdiction?
- The case must involve citizens from at least three different states.
- All parties on one side of a lawsuit must be from different states than all parties on the other side. (correct)
- All parties on either side of a lawsuit must reside in the same state.
- The parties must reside in a state that is geographically diverse from other parties.
When can a case be removed from a state court to a federal court?
When can a case be removed from a state court to a federal court?
- When it qualifies for federal jurisdiction, either through a federal question or diversity of citizenship. (correct)
- Only when the state court has demonstrated bias in favour of one party.
- If the case involves a federal agency as a defendant.
- If the case has been ongoing for more than one year in state court.
What does the concept of 'federal preemption' mean?
What does the concept of 'federal preemption' mean?
Which legal area is exclusively under federal jurisdiction, as mentioned in the text?
Which legal area is exclusively under federal jurisdiction, as mentioned in the text?
What is 'concurrent jurisdiction' in the context of federal and state law?
What is 'concurrent jurisdiction' in the context of federal and state law?
Which of the following provides an example of concurrent jurisdiction in media law?
Which of the following provides an example of concurrent jurisdiction in media law?
What typically determines the dividing line in trademark regulation between federal and state laws?
What typically determines the dividing line in trademark regulation between federal and state laws?
Since the 1970s, approximately how much has the number of lawyers in America increased?
Since the 1970s, approximately how much has the number of lawyers in America increased?
Which of the following best describes the trend in media-related lawsuits?
Which of the following best describes the trend in media-related lawsuits?
What is a key reason why media executives need to consult lawyers regularly according to the text?
What is a key reason why media executives need to consult lawyers regularly according to the text?
Which of the following is NOT specifically mentioned as a potential legal issue faced by media professionals?
Which of the following is NOT specifically mentioned as a potential legal issue faced by media professionals?
What is the primary role of the courts in relation to media law, as described in the text?
What is the primary role of the courts in relation to media law, as described in the text?
What is the significance of the U.S. Constitution in the context of media law?
What is the significance of the U.S. Constitution in the context of media law?
What power do courts possess in relation to laws passed by state legislatures and Congress?
What power do courts possess in relation to laws passed by state legislatures and Congress?
Why would individuals posting comments on social media platforms like Facebook, Twitter, and Yelp need to be aware of media law?
Why would individuals posting comments on social media platforms like Facebook, Twitter, and Yelp need to be aware of media law?
In New York's court system, what is the function of the 'supreme court'?
In New York's court system, what is the function of the 'supreme court'?
What is the name of the highest court in the state of New York?
What is the name of the highest court in the state of New York?
Which of the following best describes the jurisdiction of state courts?
Which of the following best describes the jurisdiction of state courts?
What is the primary reason for the existence of separate state and federal court systems?
What is the primary reason for the existence of separate state and federal court systems?
What kind of court typically handles minor traffic and civil matters?
What kind of court typically handles minor traffic and civil matters?
What happens in smaller states, regarding the path that most cases take through the court system?
What happens in smaller states, regarding the path that most cases take through the court system?
Which of the following is considered a federal question, relating to jurisdiction?
Which of the following is considered a federal question, relating to jurisdiction?
What is a common trend in state court systems, regarding appellate courts?
What is a common trend in state court systems, regarding appellate courts?
What is the typical size of a panel of judges that hears cases in the circuit courts?
What is the typical size of a panel of judges that hears cases in the circuit courts?
What is the process called when a larger panel of judges reconsiders a case?
What is the process called when a larger panel of judges reconsiders a case?
Which statement accurately describes jury involvement in appellate courts?
Which statement accurately describes jury involvement in appellate courts?
What determines the binding legal precedent of a circuit court ruling?
What determines the binding legal precedent of a circuit court ruling?
What does it mean when the Supreme Court declines to review a lower court decision?
What does it mean when the Supreme Court declines to review a lower court decision?
What is a 'circuit split'?
What is a 'circuit split'?
Under what condition does a lower court's opinion gain the legal weight of a Supreme Court decision?
Under what condition does a lower court's opinion gain the legal weight of a Supreme Court decision?
In the event of a circuit split, what often happens to resolve the legal uncertainty?
In the event of a circuit split, what often happens to resolve the legal uncertainty?
Which statement is accurate regarding the role of a circuit court decision in the US?
Which statement is accurate regarding the role of a circuit court decision in the US?
What is 'the rule of four' in the context of the Supreme Court?
What is 'the rule of four' in the context of the Supreme Court?
What is the significance of a majority opinion in a circuit court case?
What is the significance of a majority opinion in a circuit court case?
Which scenario does NOT fall under the Supreme Court's original jurisdiction, as described in the content?
Which scenario does NOT fall under the Supreme Court's original jurisdiction, as described in the content?
In cases of disputes between states, what may the Supreme Court sometimes appoint?
In cases of disputes between states, what may the Supreme Court sometimes appoint?
Under what circumstance is the Supreme Court required to hear a case?
Under what circumstance is the Supreme Court required to hear a case?
What is a 'writ of certiorari'?
What is a 'writ of certiorari'?
If 'certiorari is denied' what does that mean?
If 'certiorari is denied' what does that mean?
Besides appeals from federal trial courts, what other types of appeals are heard by the circuit courts?
Besides appeals from federal trial courts, what other types of appeals are heard by the circuit courts?
Which U.S. Court of Appeals is frequently involved in communications law cases?
Which U.S. Court of Appeals is frequently involved in communications law cases?
What is one factor that sometimes causes delays in filling judicial positions in federal courts?
What is one factor that sometimes causes delays in filling judicial positions in federal courts?
What was the total number of judicial vacancies in the federal judiciary, as of June 30, 2016?
What was the total number of judicial vacancies in the federal judiciary, as of June 30, 2016?
What is the legal standing of the U.S. Supreme Court's decisions in relation to lower courts?
What is the legal standing of the U.S. Supreme Court's decisions in relation to lower courts?
Out of approximately 10,000 petitions for a hearing, roughly how many cases does the U.S. Supreme Court formally issue an opinion in each year?
Out of approximately 10,000 petitions for a hearing, roughly how many cases does the U.S. Supreme Court formally issue an opinion in each year?
What is a primary criterion the Supreme Court uses to select cases for review?
What is a primary criterion the Supreme Court uses to select cases for review?
If the Supreme Court declines to hear a case, does that imply they agree with the lower court's decision?
If the Supreme Court declines to hear a case, does that imply they agree with the lower court's decision?
Flashcards
Litigation
Litigation
The practice of filing lawsuits, especially in increasing numbers.
Legal Precedent
Legal Precedent
Rules or principles established by courts through past decisions.
Judicial Interpretation
Judicial Interpretation
The power of courts to interpret and apply laws, including the Constitution.
U.S. Constitution
U.S. Constitution
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Judicial Review
Judicial Review
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Stare Decisis
Stare Decisis
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Overturning Laws
Overturning Laws
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Separation of Powers
Separation of Powers
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En Banc
En Banc
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Circuit Split
Circuit Split
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Circuit Court Precedent
Circuit Court Precedent
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Majority Opinion
Majority Opinion
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Circuit Court Decisions
Circuit Court Decisions
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Circuit Court Autonomy
Circuit Court Autonomy
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Precedents from Other Circuits
Precedents from Other Circuits
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Supreme Court Intervention
Supreme Court Intervention
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Special-purpose courts
Special-purpose courts
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Federal administrative agencies
Federal administrative agencies
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U.S. Supreme Court
U.S. Supreme Court
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Supreme Court's case selection process
Supreme Court's case selection process
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Supreme Court's formal opinion
Supreme Court's formal opinion
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The criteria used by the Supreme Court for selecting cases
The criteria used by the Supreme Court for selecting cases
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Supreme Court's decision to decline a case
Supreme Court's decision to decline a case
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Federal Court Judges
Federal Court Judges
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Jurisdiction
Jurisdiction
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Residual Jurisdiction
Residual Jurisdiction
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Federal Questions
Federal Questions
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New York Court System
New York Court System
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Appellate Courts
Appellate Courts
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Local Courts
Local Courts
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Federal and State Jurisdiction
Federal and State Jurisdiction
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Determining Jurisdiction
Determining Jurisdiction
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Supreme Court declining a case
Supreme Court declining a case
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Rule of Four
Rule of Four
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Original Jurisdiction
Original Jurisdiction
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Writ of Certiorari
Writ of Certiorari
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Certiorari Granted
Certiorari Granted
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Certiorari Denied
Certiorari Denied
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Mandatory Appeals
Mandatory Appeals
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Automatic Appeal
Automatic Appeal
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Diversity Jurisdiction
Diversity Jurisdiction
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Complete Diversity
Complete Diversity
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Federal Preemption
Federal Preemption
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Concurrent Jurisdiction
Concurrent Jurisdiction
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Lanham Act
Lanham Act
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Removal of a Lawsuit
Removal of a Lawsuit
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Jurisdictional Threshold
Jurisdictional Threshold
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Study Notes
America's Legal System
- Lawsuits and lawyers have doubled since the 1970s.
- Media outlets (broadcasters, cable, newspapers, magazines, etc.) frequently face legal challenges.
- Celebrities and individuals are also targets of lawsuits.
- Media law knowledge is crucial for mass communications professionals.
Courts' Role in Media Law
- Courts interpret laws and the U.S. Constitution.
- Courts have the power to modify or overturn laws.
- Courts establish legal precedent, influencing future similar cases.
- Not all court decisions create binding precedent.
- Appellate courts focus on legal interpretation; trial courts determine facts.
U.S. Court System Structure
- Federal system: trial courts (District Courts), appellate courts (Circuit Courts), Supreme Court.
- Circuit courts: organized regionally.
- District courts: handle federal cases. Circuit courts hear appeals from district courts.
- Supreme Court: highest court, reviews decisions by lower courts, important precedents.
- U.S. Courts of Appeals for the Federal Circuit: nationwide jurisdiction for certain appeals (patents, customs).
Trial vs. Appellate Courts
- Trial courts: find facts, don't set legal precedent.
- Appellate courts: review legal decisions, set precedent.
- Cases can be remanded to trial courts for reassessment with specific legal instructions.
- Legal questions of guilt or innocence, admissibility of evidence are the trial court's responsibility.
Supreme Court
- Highest court, limited caseload.
- Cases reach Supreme Court via appeal or original jurisdiction.
- Review cases to resolve conflicts between lower courts or address significant legal questions.
- Supreme Court justices: appointed by the President, confirmed by the Senate.
- The "rule of four" (four justices need to agree before a case is heard).
- Supreme Court decisions set binding precedent for all lower courts.
- The process of establishing precedent: stare decisis, distinguishing cases, reversing precedents.
State Courts
- Each state has its own court system.
- State courts handle cases not under federal jurisdiction.
- Some states: trial courts, appellate courts, supreme courts.
- State courts interpret state constitutions and laws.
- State court decisions can inform Supreme Court precedent when there are conflicting lower court rulings.
State and Federal Jurisdiction
- Federal vs. state courts share jurisdiction over some issues.
- Federal jurisdiction: specific subjects or civil disputes between different states.
- Federal vs. state interaction: federal government power precedence, including concurrent (sharing) and exclusive jurisdiction.
- State sovereignty, immunity in lawsuits.
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