Test your basic knowledge |

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






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






3. If a publication accurately prints something from a false public record document - they cannot be sued for libel.






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






5. 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.






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






7. Prevents ISPs from liability except on copyright.






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






9. 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)






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






11. 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.






12. 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






13. 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.






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


15. 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.






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






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






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






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






20. 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.






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






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






23. 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






24. 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






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






27. Criminal matters anything less than a year in jail






28. 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.






29. A form of qualified privilege which gives the media the right to publish articles as long as opinions are based on relevent facts. These aretiles include opinion - columns - editorials - book reviews - movie reviews - etc.






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






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






33. 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.






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






35. 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.






36. 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.






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






38. Failure to obey an order made by the court






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






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






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






42. Reckless disregard for the truth; knowing falsity






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






44. The press has no greater constitutional right to access penal facilities than any member of the general public






45. 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.






46. 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.






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






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






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






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.