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Journalism Law

Instructions:
  • Answer 50 questions in 15 minutes.
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  • 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. Reading of the charges against a person






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






3. Qualified privilege allows newspapers to report on both sides of a story as long as the sources are qualified. Created doctrine of neutral reportage






4. Anything punishable by more than a year in jail






5. Harm done which the law cannot remedy.






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






7. Statements of opinion that could be perceived as defamation need to be based on reliable evidence.






8. 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.






9. 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.






10. 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.






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






12. Protects all 'persons' from deprivation of life - liberty or property without due process of law.






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






14. in an invasion of privacy tort - an action which occurs when an individual's expectation of privacy or right to be left alone is breached. EX. A reporter lies about his identity to gain access to information they couldn't under normal conditions.






15. 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)






16. Failure to obey an order made by the court






17. 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.






18. Spoken defamation which causes injury to a person's reputation






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






20. Enforced freelancer/copyright actions - and publishers who were doing more than compile the stories had to pay the reporters. Electronic publications (putting it online) makes it a new publication.






21. (privacy) Ex. Beyonce has a thing of Ocean Spray orange juice. Ocean Spray uses the photo as a marketing campaign. Beyonce could go after them.

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






23. 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.






24. 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.






25. 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.






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






27. Minor errors do not count as actual malice.






28. 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.






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






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






31. Reconfirmed that you cannot censor news media and its coverage unless theirs a clear and present danger.






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






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






34. 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






35. 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.






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






37. 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.






38. 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.






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






40. A decision of a court that is recognized as an authority in deciding cases which deal with similar or identical questions of law.






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






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






43. 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






44. 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.






45. Michigan is in ____ district court in ____ -____






46. If the information is lawfully obtained - the defendant can't be held in contempt of court.






47. Reckless disregard for the truth; knowing falsity






48. 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






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






50. Reporters have no greater rights than any other citizen - there is no reporter shield from grand jury testifying. If you're attempting to harass - then reporters are protected and do not have to testify.







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