Law lecture

Found the first media law lecture interesting, here are a few notes.

·         Truth will get you out of 99% of lawsuits

·         Journalists are constrained by many laws

·         Law is a big source of original news

·         There are at least 40 different statutes which restrain journalists

·         There are three estates: the executive, the judiciary and the legislature (this is due to the separation of power)

·         Executive branch run the country

·         Judiciary controls the legal side

·         Legislature control the judges, the three often argue and therefore create news.

·         the press is referred to as the fourth estate and keep parliament (the executive) in check WHO POLICE’S THE POLICE?

·         Consent must be gained from the subject of stories (the example of the brick eating girl) in order not to breach the European Court of Human Rights’ right to privacy

·         However, right to privacy is balanced by the freedom of speech act.

·         CIVIL LAW

·         Civil law disputes are disputes between citizens.

·         There is no concern for the society in general

·         The principle court for civil proceedings is the county court.

·         They deal with small claims, compensation claims and civil disputes (such as fence placement)

·         Libel is a civil complaint.

·         It is very important in reporting law that you get the right sentence, for example, the difference between theft and burglary.

·         If a thief is reported as a burglar then they are then able to sue for being misrepresented.

·         If a crime carries a sentence of 5 years or more it is indictable and must be tried in a higher court, e.g. the crown court.

·         For fines and such you will get a summons and have to go to the magistrates court SUMMARY JUSTICE

·         Magistrates’ courts have no jury, and it is where all crime starts being tried.

·         Magistrates are also known as justices of the peace. Some are professional but most are volunteers.

·         Magistrates’ court will also deal with the big cases but all they will do is log the case. E.g. for murderers they will log the accused in.

·         If witnesses are in danger of death or being intimidated the case will be taken to the old bailey or, if the old bailey is full, Winchester crown court.

·         STANDARDS OF PROOF/TRUTH

·         Journalists should be more sceptical than other people

·         Standards of proof are different in civil court and criminal court.

·         Criminal= beyond reasonable doubt.

·         In practice this means that the prosecution must have a confession, forensic evidence or an eye witness.

·         Civil= balance of probability.

·         Double Jeopardy – you cannot be convicted of the same crime twice.

·         The police won’t arrest someone if they’re not absolutely sure that they will get a conviction. This is for serious crimes like murder.