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  1. COMMUNICATION LAW • COMM 4280 • Dale Grossman • 134 Warren • 255-8023 • dag14@cornell.edu • Class: MWF 11:15 am • Office hours: see course website • Office hours also posted outside 134 Warren

  2. ANNOUNCEMENTS • PowerPoint slides will be posted on course website • Any handouts not available on the website will be distributed in class • Please complete and return Student Information Sheet • Please send a picture

  3. COURSE GRADING • Class preparation/participation 10% • brief cases • Written assignments 60% • 6 papers • 2-3 pages • some may be written with a partner • Final exam – May 8 7:00 pm 30% • Open book exam • No make up planned

  4. TOPICS COVERED • Judicial system and judicial process • First Amendment law • Libel and invasion of privacy • Legal issues in newsgathering • Reporting on the government and the courts • Broadcasting, cable and other electronic media • Obscenity and pornography • Legal issues in advertising • Intellectual property

  5. Developed Law • Enacted law • Constitutions • Statutes • Rules or regulations • Common law • Judicial decisions create precedent • Routinely adhering to precedents is the concept of stare decisis

  6. The interplay between statutes and the common law • legislatures can change the common law by statute • legislatures can “legislate” the common law by statute • courts interpret statutes

  7. U.S. Courts • federal system • District Court • administrative agencies -- FCC and FTC • Circuit Court of Appeals • United States Supreme Court • state system • Trial court • Intermediate appellate court • Court of last resort

  8. U.S. Supreme Court • Appeal as of right • Petition for certiorari [cert.] • Court actions: • Affirm • Reverse • Remand • Modify

  9. Federal Court Jurisdiction • Civil cases involving federal statutes • Federal criminal prosecutions • Where the federal government is a party • Diversity jurisdiction • At least $75,000 amount in controversy • Diversity of citizenship

  10. Judicial Procedure – Civil Case • Summons and complaint • Answer and affirmative defenses • Pre-trial discovery • EBTs or depositions • Interrogatories • Subpoena ducestecum • Pre-trial motions • Motion to dismiss • Motion for summary judgment

  11. Motion for Summary Judgment • No issue of material fact • Interpret facts in favor of non-moving party • Apply the law in the above context • If the result favors the moving party, grant summary judgment

  12. Judicial Procedure – Criminal Case • Arrest • Indictment • Grand jury • Preliminary hearing • Pretrial motions • Suppress illegal evidence • Change venue • Close courtroom • Trial

  13. Trial Procedure • selecting the jury - voir dire • opening statements • plaintiff’s case • defendant’s case • closing arguments • charge to the jury • verdict

  14. Remedies • Damages • Nominal • Compensatory and consequential • Punitive • Equitable remedies • Temporary restraining order • Preliminary injunction • Permanent injunction

  15. Getting a TRO or Injunction • Strong showing that moving party will prevail on the merits • Proof of irreparable harm unless order is entered • Showing that time is of the essence

  16. Contempt of Court • Civil contempt • Compel compliance • Josh Wolf • www.joshwolf.net • Criminal contempt • Punish the defendant

  17. Consequences of Disobedience • If you violate a statute: • Arrested, fined, or held civilly liable • But no sanctions until appeals exhausted • If you violate a court order: • Held in contempt of court • Order in effect and enforceable until lifted or declared invalid • Cannot recover fines paid even if found invalid

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