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






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. There is a First amendment right of access to trials

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4. Compensatory damages are a proper remedy to avoid the injustice under a promissory estoppel claim.






5. 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






6. 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.






7. 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






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






9. Broadcasters are immune from liability if political candidates defame someone while under section 315






10. Innocent and negligent misstatement in a newspaper are protected under constitutional freedoms of speech and press.






11. 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






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






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






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






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






17. For presidential searches - MI supreme court ruled universities are 4th arm of government - and must conduct search in public.






18. Newspapers do not have an equal time requirement like broadcast has.






19. A published article must be so inaccurate that it will have more of an effect on the reader than the literal truth would.






20. No guarantee of immunity for media ride alongs.






21. 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.






22. 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.






23. Prevents ISPs from liability except on copyright.






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






25. If you get the information from outside sources - you can publish it. MCL 750.520k does not constitute an unlawful prior restraint on publication. Rather - the statute directs that the court file be withheld from the public






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






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






28. 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.






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






30. 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.






31. There is liability even if the news organization reports both sides - if the sources are not credible.






32. The First Amendment protection for students does not require a public school to print speech when they can justify their decision by stating it is lewd - indecent or offensive - or have legitimate pedagogical concerns.






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






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






35. Reading of the charges against a person






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






37. 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.






38. 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.






39. No absolute right of access to members of the media. Can be restricted within reason.






40. Reckless disregard for the truth; knowing falsity






41. 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.






42. Under FOIA - personell records may be released - subject to 'appropriate redactions.'






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






44. 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)






45. 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.






46. The OMA does not allow public bodies to bypass the law by closing meetings or doing round robin phone calls. universities are not exempt from FOIA in cases of public records.






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






48. 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.






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






50. 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.