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The US Constitution
The Supreme law
Came to force in
1789
Has been amended 27 times
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Sources of law
Constitutional law
US Constitution
State constitutions
may grant
more rights that the US Constitution, but not fewer
(mer)
Judicial
review
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Sources of law
Constitutional law
Statutory law
Congress
State legislatures
Local authorities
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Sources of law
Constitutional law
Statutory law
Administrative law
Federal Communications Commission
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US Supreme Court
Final word on US Constitution
Takes cases
through a writ of certiorari – “granting cert”
Only four
of the nine justices are needed to grant cert
Chief justice is also administrative head of federal court system
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The appeals process
Justiciable controversy
- Courts cannot rule on
cases that are not before them
Appeals courts do
not retry cases
- Ruling are decided on narrow grounds, and cases are usually sent back to lower court
Judges must follow precedent
- Relevant higher-court ruling prevails
- Ruling from another district can be a guide
-State and federal judges must consider each other’s rulings
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Criminal and civil law
Criminal = offence against society
Civil
= offense against individual(s)
How would you categorize:
- Obscenity?
- Copyright
infringement?
- Reporting on the movement of troops in time of war?
- Invasion of privacy?
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Types of civil law
Contracts
Torts
- Common media torts:
- Libel
-
Invasion of privacy
- Copyright infringement
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State law
All states are separate sovereigns, with their own state constitutions, state
governments, and state courts.
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Alabama
Incestuous marriages are legal.
You may not have an
ice cream cone in your back pocket at any
time.
It is illegal to sell peanuts in Lee County after sundown on Wednesday.
It is illegal to wear a fake moustache that causes laughter in church.
Bear wrestling matches are prohibited.
You may not wear blue jeans down Noble Street.
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Alaska
It is considered an offense to push a
live moose out of a moving airplane.
No one may
tie their pet dog to the roof of a car.
Owners of flamingos may not let their pet into barber shops.
Huskies are not allowed in school buildings.
No child may build a snowman taller than himself on school property.
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Arizona
It's illegal to play cards in the street
with a Native American
In Maricopa County no more than
6 girls may live in any house.
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Georgia
Chickens are not allowed to cross the road
It's
illegal to tie a giraffe to a telephone pole.
It's
illegal to change the cloths on a store storfront maniquin unless the shades are drawn.
A school girl must offer to carry a school boy's books if they are walking together.
In Johnsboro it's illegal to say "Oh,boy".
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California
Sunshine is guaranteed to the masses.
Women may not
drive in a house coat.
It's illegal to eat an
orange while in the bathtub.
In Pasadena it's illigal for a secratary to be alone in a room with her boss
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Colorado
In Logan County, it is illegal for a
man to kiss a woman while she is asleep.
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Florida
A special law prohibits unmarried women from parachuting
on Sunday or she shall risk arrest, fine, and/or
jailing.
If an elephant is left tied to a parking meter, the parking fee has to be paid just as it would for a vehicle.
It is illegal to sing in a public place while attired in a swimsuit.
Men may not be seen publicly in any kind of strapless gown.
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Idaho
It’s illegal for a man to give his
fiancé a box of candy that weighs more than
22.5 kg
In Tamarack it's illegal to purchase onions after dark except with a special permit from the sheriff.
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Iowa
Kisses can't last for more than 5 minutes
Within
Ottumwa city limits a man
can't wink to any
woman he doesn't know.
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Indiana
It’s illegal to attend a public event or
use public transport within 4 hours of eating an
onions or garlic
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Louisiana
It's illegal to wear an alligator costume.
Catching lizards
at night is prohibited.
In Sulphur it's illegal to be
an alcholic.
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Massachusetts
Mourners at a wake can't eat more than
3 sandwiches.
Snoring is illegal unless all bedroom windows are
shut and securly locked.
It's illegal to wear a goatee with out a license.
It's illegal to go to bed without first having a full bath.
It's illegal to have a water gun fight/duel.
In Boston a citizen may not own more than 3 dogs.
In Salem even a married couple can't sleep together in the nude in rented rooms.
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Minnesota
It's illegal to sleep naked.
All men riding motorcycles
must wear shirts.
In International Falls dogs can't chase cats
up a telegraph pole, owners can be finned.
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New-Mexico
It’s forbidden for a female to appear unshaven
in public
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North Carolina
It’s against the law to sing off-key
It's
illegal for a bingo game to last longer
than
5 hrs (unless this game is being played
at a fair).
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New York
A fine of $25 can be levied
for flirting. This old law specifically prohibits men from
turning around on any city street and looking "at a woman in that way."
It is against the law to throw a ball at someone's head for fun.
The penalty for jumping off a building is death.
In NYC a woman is premited to go toppless in public provided it's not being used as a business. They can also ride the subway toppless (since it's okay for the men to do it too).
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Nebraska
It is illegal for bar owners to sell
beer unless they are simultaneously brewing a kettle of
soup.
In Lehigh it's illegal to sell donut holes.
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Ohio
Policemen are allowed to bite a dog if
they think it will calm the dog down
It is
illegal to fish for whales on Sunday.
It is illegal to get a fish drunk.
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Oregon
It's illigal to be seen in public with the
number 69 on any of ones clothing.
In Portland people are
banned from wistling underwater.
In Stanfield no more than two people
can share a single drink.
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Texas
It’s illegal to sell your eyeballs
In San Antonio,
flirting is against the law
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Utah
Marriage between cousins is against the law only
if they are younger than 65
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Wisconsin
It is illegal to cut a woman's hair.
It
is illegal to kiss on a train.
Raccine women may
not walk down a public street at night unless accompanied by a man.
In St. Croix, women are not allowed to wear anything red in public.
Sun Praire cats are forbidden from entering cemetaries.
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Wyoming
You may not take a picture of a
rabbit from January to April without an official permit
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It's illegal to remarry the same man four
times. (Kentucky)
After Jan 14th a person can be fined
for having Christmas decorations still up. (Maine)
It's Illegal to mistreat oysters. (Maryland)
It's against the law to serenade your girlfriend in Kalamazoo. (Michigan)
In Helana a woman's cloths must weigh more than 3lb 2oz before she can legaly dance on a saloon table. (Montana)
In Dyersburg, it is illegal for a woman to call a man for a date.
It is illegal to use a lasso to catch a fish. (Tennessee)
A woman must obtain written permission from their husband to wear false teeth. (Vermont)
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In Lebanon it's illegal to kick your wife
out of bed. (Virginia)
All lolipops are banned. (Washington)
If you
are found stealing soap, you must wash yourself until the bar of soap has been completely used up (Arizona)
If you have mustaches, it’s illegal for you to kiss a woman (Nevada)
It’s against the law for a woman to drive a car in Main Street unless her husband is walking in front of the car waving a red flag (Virginia)
Twins can't work for the same company. (Hawaii)
In Hartford it's illegal to educate a dog. (Connecticut)
It's illegal to fall asleep in a cheese factory. (South Dakota)