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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. Anything punishable by more than a year in jail






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






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






4. Minor errors do not count as actual malice.






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






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






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






8. Publication - identification - defamation - harm and damages






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






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






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






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






13. (Privacy)a. Very close to libel - If you're a public official/figure you have the actual malice rule - Portraying someone in a lie - Truth is a defense - Consent is a defense - Public newsworthy event is okay






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






15. To claim exemption for investigative records - they must show how disclosure would interfere with proceedings. The burden of proof is on the party claiming exemption.






16. 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.






17. 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)






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






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






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






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






23. 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






24. 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.






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






26. 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.






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






28. Prevents ISPs from liability except on copyright.






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






30. Criminal matters anything less than a year in jail






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






32. Harm done which the law cannot remedy.






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






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






35. No guarantee of immunity for media ride alongs.






36. 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






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. 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.






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






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






41. 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.






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






43. 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.






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






45. 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.






46. Even though university foundations are privately incorporated - they might be subject to comply with FOIA and OMA if the majority of funding comes from the university.






47. 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






48. 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.






49. 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.






50. 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.