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Journalism Law

Instructions:
  • Answer 50 questions in 15 minutes.
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  • Match each statement with the correct term.
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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. Criminal matters anything less than a year in jail






2. This protects the media from liability of defamatory statements made during official proceedings. The published story must be a fair and accurate account of what happened.






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






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






5. 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






6. Publication - identification - defamation - harm and damages






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






8. First Amendment protects media to report information from official records available in open court.






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






10. Friend of the court.






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






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






13. An order issued by the court to prevent attorneys and witnesses from discussing the case outside the courtroom - or reporters from publishing information obtained during a court proceeding.






14. 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.






15. Institutes procedures to ensure every citizen has the right to access government documents - as well as the right to inspect and receive copies of records from state and local government bodies.






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






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






19. 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.






20. 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.






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






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






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






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






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






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






27. 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.






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






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






30. 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.






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






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






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






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






35. (privacy) a. Because of who you are - you have a right to profit from your image b. Endorsements






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






37. Incidental use of someone's image cold be an invasion of privacy or defamation.






38. What is shot in public place is fine - but if there is intrusion on physical solitude it is not protected.






39. 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.






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






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. 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.






43. 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






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






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






46. Prevents ISPs from liability except on copyright.






47. 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.






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






49. 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.






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







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