2. A subpoena occurs when the court orders a person to appear in court to testify. The court subpoenaed two San Francisco Chronicle reporters for their confidential sources in the BALCO steroid case, which was later withdrawn when the defensive lawyer came forward as the source.
3. A grant or deny certiorare refers to whether the Supreme Court agrees or not to review a case from a lower court of appeals or state court that may have decided against them or refused to hear the case. The decision to hear the case (which needs at least 4 justices to vote in favor for it) is based on how important the case is not whether the court thinks the decision should be overturned. Brown v. Board of Education was granted a cert to the Supreme Court and which cited the 14th amendment to overturn the lower court's ruling.
4. Discovery refers to evidence that must be collected before the court case occurs. In the case Texas v. Johnson the evidence of the flag burning, chants, and spitting would be the discovery in the case.
5. Executive session occurs in a governmental body meeting in which it becomes private and closed to the press. The press is permitted in these closed sessions if necessary under the Freedom of Information Act and following the Federal Open Meeting Law in 1976, so long as it does not fit their ten exemptions. Therefore, a journalist would not be permitted to attend an executive session regarding Chrysler Corporation's trade secrets.
6. The Sunshine law in the government forces important organizations to both only openly publicize when their meetings occur and to open them to the public, but have a list of ten exemptions similar to the FOIA. Journalists therefore could not attend an arbitration hearing at a meeting under the law.
7. Fair use refers to the court's system in deciding whether a copyrighted work was used lawfully or would be considered infringement. Its defensive consists of four questions referring to the purpose, nature, amount, and effect of the used copyrighted work. In the Supreme Court case Sony Corp. of America v. Universal City Studios in 1984, they decided videotaping television shows for the purpose of watching later is fair use.
8. A remand occurs if a higher court decides a case needs to be sent back down to a lower one to have the facts reevaluated, and this decision for a remand cannot be appealed. Once in the lower court, the next decision must be agreed upon by two of three judges and is rarely allowed to be reconsidered, although they may be be appealed to the highest state or Supreme Court. There was not a motion to remand in the Supreme Court case ACLU v. Reno because the Supreme Court believed the information provided was sufficient and decided to hear and rule n the case.
9. Probable cause is needed in order to arrest someone or to obtain a search warrant because it gives acceptable and well-founded evidence that a crime was committed. The police in the Wilson v. Layne case had probable cause to enter the Wilson's home believing his son, who had violated probation was there.
10. Shield laws protect journalists on a state-by-state basis in keeping their sources confidential without being held in contempt of court if they are subpoenaed. These shield laws were created in thirty-six states and the District of Columbia as a response to the Supreme Court decision against a reporters' privilege in the Branzburg case. If California had a shield law blogger Josh Wolf would not have been help in contempt of court and jailed for not revealing his parts of his protest videos which were not posted online.
11. Burden of proof is evidence in a case that needs to be demonstrated in order to make a case in a court of law. The plaintiff must demonstrate these claims in libel cases. Prior to the New York Times' Supreme Court appeal, Commissioner Sullivan had the burden of proof in his defamation case against the Times in Alabama.
12. Actual damages refer to the amount of harm the plaintiff experiences in deciding a libel case and is usually the most common claim. They are extremely arbitrary due to their definition of loss, whether it is in the community, humiliation, mental suffering, or monetary loss. Humiliation and mental suffering were cited as actual damages by the alleged rape victim in the Duke lacrosse case.
13. Contempt of court refers to acts judged by the court as preventing or stopping a court case from continuing justly. Judith Miller was held in contempt of court when she refused to disclose her confidential sources in the Valerie Plame case.
14. The verdict is what the jury decides upon in a case. The verdict in the Richmond newspapers v. Virginia case was that criminal trials are to be open to the public because the First Amendment prevents judges from closing them without looking for alternative means.
15. Work made for hire refer copyright situations in which works are not created by the employer but rather an employee of the company or another company altogether. In this case the copyright does not belong to the creator but to the employer who hired them. In the court case Community for Non-Violence v. Reid court said that the organization would only have copyright rights to the work if the creator was in fact their employee, making the work a work made for hire. The court proceeded to define an employee in the case to make it clearer for the future.
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