Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
Chapter Overview
Chapter 1: The Rule of Law
Legal rules bind both government and citizens by defining the boundaries of acceptable
behavior, establishing the power and range of punishment, and dictating procedures for creating,
applying, interpreting, and changing the law. Well-crafted laws are clear and tailored to address
identified harms or advance particular government or societal interests. Built-in procedures
discourage rapid revolutionary change in the law while permitting legal flexibility in response to
evolving needs and concerns.
The United States has many court systems – the federal system, one system for each state; the
courts of the District of Columbia and the territories; as well as the military court system. Court
systems have three levels, that is, trial courts, intermediate appellate courts, and Supreme Courts.
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
the constitutionality of final rulings of the highest state courts. State courts are established by the
relevant state constitution and have jurisdiction over issues arising within the state and relating to
state law. New technologies raise challenges to the determination of court jurisdiction because
the Internet, for example, transcends traditional jurisdictional boundaries.
The Supreme Court is the court of last resort, and in most instances it has discretion to determine
what cases to review. The Court’s nine justices are appointed by the president and approved by
the U.S. Senate. The justices serve for life or until they resign or are removed through an
impeachment process. Most cases reach the Court through a petition for certiorari. Typically the
Court grants fewer than 5 percent of the writs for certiorari it receives. It reviews cases based on
written legal briefs and oral arguments by the attorneys for the two sides. Court decisions may be
presented as relatively short memorandum orders, unsigned per curiam opinions, or signed
opinions of the Court.
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
sparingly. Controversy surrounds the Court’s exercise of judicial review because of the political
appointment of justices and the argument that the justices’ political philosophies inappropriately
influence the Court’s decisions.
In a step forward for equal justice, a 2013 Supreme Court decision curtailed forum shopping,
which permits plaintiffs to select the court in which they believe a favorable outcome is most
likely. The decision in Daimler AG v. Bauman effectively limits lawsuits against media
companies to either the locale where the company is incorporated or where it conducts its main
business.
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
Outline
I. Body of the Law
a. Constitutions
b. Statutes
c. Common Law
d. Equity Law
e. Administrative Rules
f. Executive Orders
II. Structure of the Judicial System
a. Jurisdiction
b. Trial Courts
c. Courts of Appeal
d. The U.S. Supreme Court
III. Processes of the Law
a. Civil Suits
b. Summary Judgment
IV. Finding the Law
a. Useful Legal Research Resources
V. Reading Case Law
a. Briefing Cases
b. Analyzing Marbury v. Madison