how to report the court

1. COURT COVERING
Presented by : Muhammed Irshad K
MCJ Department, University of calicut

2. WHAT IS REPORTING ?

3. Basic skills for a reporter
Nose for news
Observation- Listening
Observation- seeing
Finding things

4. Deferent areas of reporting

5. Covering courts
Covering the courts is one of the most
challenging and fascinating beats at any
news operation, one rich with human
drama. The courtroom, after all, is very
much like a stage in which the actors - the
accused, the attorneys, the judge and jury
- all have their roles to play.

6. Deferent courts in India
Supreme court
High court
District court
Village court
Lok atalath (peoples court)
Mobile court
Family court
Special court
Etc…….

7. How to Find out stories

8. CHECK FOR NEW CASES ONCE A WEEK.
 Every state has its own court system, with courts in just about every county. Many
have websites where you can look through the titles of cases that have been filed
recently. Often, you can refine your queries by looking at only civil cases exceeding
a particular amount of money, and cases filed within, say, the past week. Skim these
to see whether any local public figures or businesses are suing someone -- or
being sued.
 Some courts post these documents online. If they don’t, they’ll provide you with
the names of the attorneys involved, many of whom will be happy to share the
PDFs. Not all of them will turn out to be newsworthy, but it only takes a few
minutes to skim through them to find out what the core dispute is about -- and
what kind of legal remedies, including money, the plaintiffs are asking for.

9. LOOK UP IMPORTANT NAMES REGULARLY
 Those same court websites will also usually let you search for cases by the names
of the people or businesses involved. If they do, make a list of local figures,
including elected officials, top appointed leaders and others your newsroom
follows, as well as important local businesses. Once a week or so, look up these
names and see if they’re involved in any new litigation.
 Of course, anyone can sue over just about anything, and even in civil cases, people
are innocent until found guilty by a judge or a jury. People and companies with
money are targets for litigation (just ask Google). Cities often face lawsuits when,
for example, citizens are arrested and roughed up by police, or when someone is
harmed in a public park. Those can make good follow-ups to articles about the
underlying events.

10. GO WITH YOUR GUT
 If you look at enough court filings, after a while they all begin to look the same. The courts are full
of lawsuits claiming that electronics companies price-fixed computer components, or that a drug
company misled patients about the risks of a particular medication, so it’s tough to tease out the
newsworthy ones.
 Once in a while, a case title begs for further investigation, such as "United States v. Approximately
64,695 Pounds of Shark Fins," a case mentioned in Sarah Stillman’s recent feature for the New
Yorker, “Taken.”
 Other factors can also inspire you to dig, Stillman said in an email interview.
 “Was a child involved? What was the magnitude of this person’s alleged loss? Does the complaint
seem credible? Are there random, quirky things that just pique my interest for inexplicable reasons?
All of these can be factors driving my decision to explore further, to pick up the phone or show up
at an address," she said. “After slogging through countless documents, you’re inevitably going to
find a few that give you that ‘Wow, I have to pursue this’ feeling.”

11. UNCOVER THE STORY BEHIND THE COURT
DOCUMENTS
 Once in a while, a court filing -- or a pattern of them -- calls for a deeper look.
Although “Taken” was inspired by one of Stillman’s prior articles, it also hinged on
a pattern of perfunctory court filings that described assets seized by law-
enforcement officials, as well as the lawsuits filed by those citizens. Those lawsuits
provided a timeline, narrative structure and the names of potential sources who
could put a face on the case, Stillman said.

 “Nothing adds more to a story than actually enriching the material I've gleaned
with the in-person, flesh-and-blood insights that come from spending time with
the individuals involved,” she said.

12. CHECK OUT THE COURT’S TENTATIVE
RULINGS
 Many times, judges will post their tentative rulings the day before a hearing, so the
attorneys in a case will be able to prepare for the judge’s thoughts or questions.
These often provide basic information about the case and a quick snapshot of the
judge’s thinking on whether the case should go forward.

 If you see something that interests you, follow up the next day with the attorneys
or the court clerk to see if the judge adopted the tentative; that’s the start of a
news story. If you can spare the time, cover the hearing itself. (If your local court
has a daily law-and-motion calendar, sit in for an hour and take notes on the
arguments and rulings; something lively is likely to happen.)

13. CONVERSE WITH PEOPLE, SEARCH THE
WEB
 New York Times Supreme Court reporter Adam Liptak uncovered the story of Shon Hopwood, the
prisoner who wrote a fellow inmate’s Supreme Court petition, while chatting idly with a source on
another topic entirely.

 “After you’re done doing the story you think you’re doing, hang around and talk to people. You
never know what tidbits will turn into a story later,” he told me by phone.

 Likewise, Liptak said he’s uncovered some interesting cases simply by asking questions in the
search box on legal-research sites. (From my own experience, Google works, too). Many will turn up
public links to court filings -- like an obscure Alabama court ruling that helped him set up his article
on the Supreme Court’s recent repeal of Section 5 of the Voting Rights Act.

 “All you need is a little dab of color” when you search, Liptak said. “You already know what theme
you want to pursue; you just need something to bring it to life.”

14. Do Research Before You Go
 do as much research as you can
 if there's a highly publicized trial that's been covered in the local
media, read up on it before you go
 familiarize yourself with everything about the case - the accused,
the alleged crime, the victims, the lawyers involved (both the
prosecution and the defense) and the judge
 get as many of the documents associated with that case from the
clerk as possible (you may have to pay photocopying costs.)
Remember, a good portion of the story you write will be background material: the who, what, where,
when, why and how of the case. So the more of that you have ahead of time, the less confused you'll be
when you're in the courtroom.

15. Dress Appropriately
T-shirts and jeans may be comfortable, but
they don't convey a sense of professionalism.
You don't necessarily have to show up in a
three-piece suit or your best dress, but wear
the kind of clothes that would be appropriate
in, say, an office.

16. Leave the Weapons At Home
Most courthouses have metal detectors, so don't
bring anything that's likely to set off alarms. As a
print reporter all you need is a notebook and a
few pens anyway.

17. A Note About Cameras & Recorders
Laws can vary from state to state, but generally are pretty
restrictive about bringing cameras or recorders into a
courtroom; check with the court clerk before you go to
see what the rules are where you live.

18. Once in the Court
Take Thorough Notes
No matter how much pre-trial reporting you do,
chances are you'll find courtroom proceedings a bit
confusing at first. So take good, thorough notes,
even about things that don't seem that important.
Until you understand what's really going on, it will
be hard for you to judge what's important - and
what's not.

19. Make Note of Legal Terms You Don't
Understand
The legal profession is filled with jargon - legalese -
that, for the most part, only lawyers fully understand.
So if you hear a term you don't know, make note of it,
then check the definition online or in a legal
encyclopedia when you get home. Don't ignore a
term just because you don't understand it.

20. Watch For Moments of Real Drama
Many trials are long period of relatively boring
procedural stuff punctuated by brief moments of
intense drama. Such drama could come in the form of
an outburst from the defendant, an argument between
an attorney and the judge or the expression on the face
of a juror. However it happens, these dramatic
moments are bound to be important when you finally
write your story, so take note of them

21. Do Reporting Outside The Courtroom
It's not enough to faithfully transcribe what happens
in the courtroom. A good reporter has to do just as
much reporting outside the court. Most trials have
several recesses through out the day; use those to try
to interview the attorneys on both sides to get as
much background as you can about the case. If the
lawyers won't talk during a recess, get their contact
information and ask if you can call or e-mail them after
the trial has ended for the day

23. Media Law
(Part Two)
Main Text: Osinbajo, Y. and Fogam, K. (1991). Nigerian Media Law. Lagos: Gravitas
Publishments.

24. Contempt
Contempt of court
It is common practice in most countries of the world to establish a court system to
settle legal disputes and maintain law and order, and such a court system must
have authority which must not be revered and unimpeded.

25. Contempt
Contempt of court
The law which guarantees the authority and functioning of the legal system in such
a way that such authority is not flouted or impeded is the law of contempt, which is
a body of rules established to safeguard the due administration of justice.

26. Contempt
Contempt of court
The application of this law stems from the extraordinary powers of judges to
control what happens in and around the court premises.

27. Contempt
Contempt proceedings are subject to two principal sources of law:
1. Common Law
2. Statutes

28. Contempt
Common Law Principles on Contempt
What does contempt involve?
“Contempt of court is a generic term descriptive of conduct in relation to particular
proceedings in a court of law which tends to undermine that system or inhibit
citizens from availing themselves of it for the settlement of their disputes”.

29. Contempt
Common Law Principles on Contempt
What does contempt involve?
“any act or publication that delays or interferes with the administration of justice in
the courts, or that causes justice to miscarry, or that tends to have either of these
effects may, under the law, be held to be in contempt of court and be punished by
fine or imprisonment or both”.

30. Contempt
Common Law Principles on Contempt
What does contempt involve?
Perhaps the most favoured definition is :
“…any conduct that tends to bring the authority and administration of the law into
disrespect or disregard or to interfere with or prejudice parties litigant or their
witnesses during litigation”. (J.F. Oswald)

31. Contempt
Common Law Principles on Contempt
What does contempt involve?
It is important to note that the law of contempt is quite uncertain and inexact,
though it is frequently classified into two namely:
1. civil contempt
2. criminal contempt

32. Contempt
Common Law Principles on Contempt
Civil Contempt
Civil Contempt, also known as “Contempt in procedure” or “Constructive
Contempt” is a wrong done to a person who is entitled to the benefit of an order
or judgment

33. Contempt
Common Law Principles on Contempt
Civil Contempt
The primary purpose of civil contempt is to coerce compliance with the court order
or ruling.

34. Contempt
Common Law Principles on Contempt
Civil Contempt
A good example of civil contempt is the failure of a party to a civil suit to carry out
the terms of a verdict or decision, or the willful disobedience of court orders or
disobedience to a subpoena.

35. Contempt
Common Law Principles on Contempt
Civil Contempt
Although, civil contempt often takes place outside the court and is essentially an
infringement against private rights, the effect is usually a delay, an interference or
an obstruction of the fair administration of justice.
It is therefore punished as if it is criminal contempt, with a jail sentence which ends
whenever the court order is obeyed.

36. Contempt
Common Law Principles on Contempt
Criminal Contempt
Criminal contempt “consist of any acts or words which obstruct or tend to obstruct
or interfere with the administration of justice.”
Thus any obstruction of court proceedings or court officers, attack on court
personnel, and deliberate acts of bad faith or fraud are examples of criminal
contempt.

37. Contempt
Common Law Principles on Contempt
Criminal Contempt
There are two principal forms of criminal contempt:
*direct criminal contempt, and
*indirect criminal contempt

38. Contempt
Common Law Principles on Contempt
Direct Criminal Contempt
A direct criminal contempt consists of words spoken or act done in the precincts of the court which obstructs or interferes with the due
administration of justice or is calculated to do so.
This is also known as facie curiae.
The main factor that underlies direct contempt is the judge’s personal knowledge of the events that occurred.
Two journalistic activities – taking pictures in court and refusal to testify as to a news source or reveal the source of news have been
known to result in contempt.

39. Contempt
Common Law Principles on Contempt
Indirect Criminal Contempt
Indirect criminal contempt also called ex facie curiae is misconduct which occurs
away from the court precincts but which still interferes with the proceedings of the
court.

40. Contempt
Common Law Principles on Contempt
Indirect Criminal Contempt
Indirect criminal contempt (or constructive contempt) is misconduct which occurs
outside the vicinity of the court but which still interferes with the proceedings of
the court.
This may be:
[1] acts which interferes with the administration of justice and
[2] publications which have the same effect.

41. Contempt
Indirect Criminal Contempt
acts which interfere with the administration of justice
any act which prevents or is intended to prevent such persons as judges,
witnesses, solicitors, bailiffs, etc. from carrying out his official duties is contempt of
court.

42. Contempt
Indirect Criminal Contempt
publication which interferes with the administration of justice
these are:
1. publications of false and inaccurate report of court proceedings
2. publications which discredits the court or judge
3. publications likely to prejudice the fair trial or conduct of criminal or civil
proceedings
4. publications likely to interfere with the course of justice

43. Contempt
Indirect Criminal Contempt
publication which interferes with the administration of justice
publications likely to prejudice the fair trial or conduct of criminal or civil
proceedings
regardless of the form of the publication, there are three distinct stages in a
trial in any or all of which newsmen or others may be liable in contempt of
course because of their publications regarding a case. These are:
1. before trial
2. during trial
3. after the verdict or decision has been rendered

44. Contempt
Indirect Criminal Contempt
when is a case sub judice?
a case may be said to be sub judice once a writ or charge or summons has been
issued however there may be a contempt as soon as proceedings are imminent but
not yet initiated

45. Contempt
Indirect Criminal Contempt
the test of liability
the test is whether in the circumstances there was a real risk [not just a remote
possibility] that the fair trial of the action was likely to be prejudiced