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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. 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






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






3. 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






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






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






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






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






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






9. There is a First amendment right of access to trials

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10. Anything punishable by more than a year in jail






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






12. (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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13. 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






14. Friend of the court.






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






16. Publication - identification - defamation - harm and damages






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






18. 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.






19. 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






20. 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.






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






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






23. 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.






24. 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.






25. Failure to obey an order made by the court






26. 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.






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






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






29. A court order preventing a person or group from doing or continuing to do a specific act.






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






31. 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.






32. 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)






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






34. 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.






35. 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.






36. Harm done which the law cannot remedy.






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






38. Minor errors do not count as actual malice.






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






40. 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.






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






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






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






44. 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.






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






46. Civil cases when the amount in dispute is less than $25 -000






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






48. No guarantee of immunity for media ride alongs.






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






50. 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.






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