Mass Communication Law and Ethics

By Roy L. Moore | Go to book overview

New York" to include the substantive principles of state law but not any special rules affecting the authority of arbitrators. If state courts did not get the message from previous decisions, surely they heard the Court this time. This decision says loud and clear that when state laws conflict or are interpreted or misinterpreted to conflict with the Arbitration Act, the Act prevails. Case closed.


SUMMARY AND CONCLUSIONS

Each jurisdiction, whether state or federal, has its own rules of civil procedure, criminal procedure, and evidence that determine the specific steps involved in a civil or criminal case. However, most states conform fairly closely to the federal rules, with which any journalist who covers legal matters should become quite familiar. The trial process for a civil matter is similar to that of a criminal case, whereas the pretrial procedures and evidentiary standards are rather different. For example, the typical civil case begins with the filing of a complaint; a criminal case can begin with an arrest, with the prosecutor's filing of an information or with a grand jury indictment. Both usually involve discovery, whereby the two sides disclose to one another the witnesses, documents, and other evidence expected to be used at trial. In many jurisdictions, the prosecution has an affirmative duty to disclose to the defense any evidence uncovered during the investigation or otherwise found that would aid the defendant at trial. There is obviously no such duty on either attorney in a civil case, although a motion to discover is sometimes used to compel the other side to disclose books, records, and other documents relevant to the case.

The three most common evidentiary standards are preponderance of the evidence and clear and convincing evidence in civil cases and beyond a reasonable doubt in criminal cases. For example, in a libel suit by a public figure against a media defendant, the plaintiff must show, by clear and convincing evidence, that the false information was published with actual malice. In any criminal case, the jury must be convinced beyond a reasonable doubt that defendants committed the alleged crime before it can find them guilty.

Because both civil and criminal trials absorb considerable time and resources, including great strain on the courts, more judges and attorneys are using alternative ways of resolving disputes, popularly known as alternative dispute resolution (ADR). For criminal cases, the answer to the ever-growing backlog still remains plea bargaining, by which a defendant pleads guilty in return for the prosecutor's agreement to ask the judge to reduce the alleged crime to a lesser offense, that the judge be lenient in sentencing, and so on. For civil matters, there are some viable alternatives -- including minitrials, arbitration, mediation, summary jury trials, and other forms of dispute resolution -- that are much faster, considerably less expensive, and less burdensome on the participants and court systems. Not all ADR programs survive, as demonstrated by the demise of the University of Iowa Libel Dispute Resolution Program. However, as courts continue to push for better alternatives to litigation, it will become essential to most journalists to be well versed in ADR techniques. 151


ENDNOTES
1
Cable network court TV, which was launched in 1991, has carried live court proceedings such as the rape trial of William Kennedy Smith, the Jeffrey Dahmer murder trial, the parole hearing of Charles

-92-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Mass Communication Law and Ethics
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 678

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.