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Journalism Law

Instructions:
  • Answer 50 questions in 15 minutes.
  • If you are not ready to take this test, you can study here.
  • Match each statement with the correct term.
  • Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.

This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.
1. Recognized first amendment right of privacy for private figures against media.






2. Only in Massachusetts - you can close a preliminary hearing if the case is a sexual assault case.






3. Guarantees freedoms of speech - religion - press and assembly.






4. To claim exemption for investigative records - they must show how disclosure would interfere with proceedings. The burden of proof is on the party claiming exemption.






5. Minor errors do not count as actual malice.






6. Have to have an open meeting when interviewing candidates for a public position.






7. The declaration of a final judgment based on the evidence presented






8. Money damages awarded to the injured party as compensation for a specific loss






9. The speech and debate clause only covers members of congress within the halls of congress - not outside of it. I.E. press releases - speeches - etc.






10. Publication of private matters that violate ordinary decency - 2. Intrusion on physical solitude - 3. False light - 4. Appropriation of another's likeness for commercial profit - 5. Right to publicity






11. An invasion of privacy tort which occurs when information about a person's private life is published - and there is not relevant newsworthy tie.






12. First Amendment protects even false statements about the conduct of public officials except when statements are made with knowledge that they are false or in reckless disregard of their truth or falsity. (actual malice)






13. Prevents ISPs from liability except on copyright.






14. Any communication - true or false - which exposes a person to hatred - ridicule or contempt. the person's reputation is harmed or damaged






15. Judge has an absolute duty to ensure fair trial rights. Judge must be able to control what's going on in the courtroom.






16. Newspaper must have known material falsity - material falsity became standard of proof in Michigan.






17. If a statement 'results in a material change in the meaning conveyed by the statement -' the person who says it can be sued for libel.






18. Motions for summary judgment is applicable if the publication is not private facts and is newsworthy.






19. There is a first amendment right of access to the public to cover and attend trials.






20. If an ongoing - criminal investigation is actively underway - discretion may be used under the exemption claim in FOIA to withhold some documents.






21. The right to exploit one's name and likeness is personal to the artist and must be exercised - if at all - by him during his lifetime.' This resulted in a loss of inheriting personality rights in California.






22. Federal if between two states (although try to get it back to states) - telecommunications - crossing state lines - anything violating state law






23. (Privacy) Ex. Kim Kardashian's sex tape






24. A constructive trust is a proper manner of relinquishing the profits of one who abuses a confidential position.






25. A court created device to weed out inadmissible evidence in advance of trial






26. Private members of society are not required by the First Amendment to meet the 'actual malice' standard in order to recover damage.

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27. Published work of copyrighted material is a violation and isn't protected under Section 107 as 'fair use.'






28. Permission given by SCOTUS to allow a case to be appealed






29. Criminal matters anything less than a year in jail






30. The Sixth Amendment rights of a defendant outweigh the First Amendment of the press in cases where the press can have prejudicial outcome of the defendant's trial.






31. Requires certain information held by various federal and state agencies to be made available to the public unless the information falls under one of the exemptions.






32. Journalists and citizens must first obey court orders first before seeking appeal - even if they believe the order is unconstitutional






33. In Michigan - booking photos are available to the public.






34. Series of pre trail hearings: court created devices to weed out inadmissible evidence prior to trial. Often determine bargaining of prosecution and defendant to come up with plea bargain. Most cases are ended with plea bargain and don't go to trial.






35. Police have to disclose incident report records. Do have to keep submitting FOIAs.






36. Damages presumed - Falsely accusing someone of a crime - Statements concerning race or political belief - Damaging someone in their business - Ex. calling brain surgeon 'butterfingers'






37. Plaintiffs are not entitled to an order unmasking an anonymous author when the statements in question cannot support a cause of action for defamation.






38. No liability for publishing information that was lawfully obtained.






39. The burden of proof imposed on public officials extends to anyone involved in a matter of public concern - regardless of whether they were famous or unknown.






40. MI Supreme Court ruled directory information of teachers cannot be disclosed. (home address and phone number)






41. In an invasion of privacy tort - an action that characterizes a person falsely. Often the person is misrepresented by quoting out of context - the careless use of photos or cutlines - or by using a picture from one story as a picture for another.






42. Failure to obey an order made by the court






43. 3rd party has no obligation to notify media when there's been a government subpoena of phone records. Also includes any form of electronic communication.






44. In an invasion of privacy tort - the right an individual has to profit from their likeness - or to prevent others from gaining value for their own commercial benefit






45. Words that may be innocent on face - but facts make story damaging






46. The power of authority of a particular court to hear and adjudicate matters in dispute






47. Upon the request of the counsel or the victim - you can order that the names of the victim and actor and details of the alleged offense be suppressed until such time as the actor is arraigned - the charge is dismissed - or the case is otherwise concl






48. hearing where the judge decides whether or not there is sufficient evidence to prove a crime. In michigan - takes place in district court






49. Lowest court handles: Tickets - civil matter - Misdemeanor - Felonies






50. Written defamation which causes injury to another's reputation