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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. A person vs. a person (corporation can be a person too






2. When you have a private figure plaintiff - even though state standards controls - if it's a matter of public concern - the burden of proof shifts from the defendant who no longer has to prove truth - to the plaintiff who has to prove falsity of what






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






4. A judgment made by the court before or during a trial. This judgment is in repsonse to a motion by the plaintiff or defendant - who claims there is not enough evidence or there is no dispute that the information given is fact.






5. For purposes of divorce - there may be some elements of a public person's private life that make them a private figure.






6. NYT actual malice rule is extended form just public officials to include public figures






7. 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






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






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






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






11. In Michigan - there's an absolute right of public to be present during jury selection.






12. 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.






13. For purposes of defamation - a person who has thrust themself into the spotlight and has the power to gain media publicity. these individuals must prove actual malice to prevail in a libel suit






14. The First Amendment protects college students' freedom of expression - and the Hazelwood case should not be applied to college media.






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






16. The First Amendment protection for students does not require a public school to print speech when they can justify their decision by stating an educational purpose.






17. NYT actual malice standard does not extend to private figures. However - it's up to the states to determine what a private figure is - and there's a new standard that says you have to prove harm and damages.






18. Undercover efforts by news organizations could be prosecuted not for defamation - but possibly for things like breach of duty or loyalty.






19. Publication - identification - defamation - harm and damages






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






21. As long as speech was about a public official (figure) could not reasonably be construed to state actual facts about its subject - it is protected by the first amendment.






22. A proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the First Amendment rights to freedom of the press.






23. Recognized first amendment right of privacy for private figures against media.






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






25. Prevents ISPs from liability except on copyright.






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






27. Michigan court trials have to remain open. Parts can be closed - but never all of the trial. M.C.L.A 750.520k only applies to pre-trial hearings.






28. If a quote is altered - in order for a publication to be sued the plaintiff must prove the meaning portrayed in altered quote is dramatically different than the actual quote






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






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






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






32. Opinion - privilege - fair comment - truth - constitutional defenses






33. 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.






34. In the case where a party challenges the underlying facts that support a trial court's decision - the appellate court must defer to the trial court's view of the facts.






35. Under the language of the statute - these media representatives are not subject to an investigative subpoena.






36. Limited decision. Closure of preliminary hearing is unconstitutional in California because they act as mini trials to ensure defendants right to a fair trial. Unique to that state however.






37. A form of qualified privilege which gives the media the right to publish articles as long as opinions are based on relevent facts. These aretiles include opinion - columns - editorials - book reviews - movie reviews - etc.






38. 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






39. Reading of the charges against a person






40. Set the standard in MI that negligence is needed to prove libel - as the legislature had not acted.






41. Guarantees people the right to be secure in their homes and property against unreasonable searches and seizures. Also protects against the issuance of a warrant without probable cause.






42. 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






43. For the purpose of defamation - a person who does not have regular - continuing access to the media - or on matters of public controversy. These individuals have a lesser burden of proof under most state libel laws.






44. The right of an individual to a speedy trial by an impartial jury - to be informed of the changes against them - to confront witnesses - the right to have compulsory proceedings to obtain witnesses in their favor - and the right to have assistance of






45. 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.






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






47. The media must make sure that permission is acquired in commercial situations.






48. If you knowingly run ads that advocate criminal activity - you can be held liable. Got off on the first case - but on the second case they should have known better.






49. If you obtain material from a third party illegally - media are still protected and can publish.






50. Michigan statute M.C.L.A. 750.520k violated the First - Fifth - and Fourteenth Amendments