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Test your basic knowledge |
Journalism Law
Start Test
Study First
Subject
:
journalism-and-media
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. 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.
Tasini v. NYT
Qualified privilege
Booth & Ann Arbor News v. EMU Board of Regents
Fair comment
2. 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.
Jurisdiction
Eimann/Braun v. Soldier of Fortune Magazine
5 Areas of privacy
Milkovich v. Lorain Journal Co
3. Money damages awarded to the injured party as compensation for a specific loss
Florida Star v. B.J.F
Libel Perquod
Actual Damages
Private figure
4. Reckless disregard for the truth; knowing falsity
Amicus curiae
Right to publicity
Globe Newspapers v. Superior Court
Actual malice
5. hearing where the judge decides whether or not there is sufficient evidence to prove a crime. In michigan - takes place in district court
Hazelwood v. Kuhlmeier
Miami Herald Co. v. Tornillo
District Court
Preliminary hearing
6. 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.
Florida Star v. B.J.F
Fair comment
Galella v. Onassis
Reporters Committee v. AT&T
7. First Amendment protects media to report information from official records available in open court.
Private figure
Defenses of libel
Cox Broadcasting Corp. v. Cohn
False light
8. Incidental use of someone's image cold be an invasion of privacy or defamation.
Branzburg v. Hayes
Felonies
Clark v. ABC
Publication of private matters that violate ordinary decency
9. What is shot in public place is fine - but if there is intrusion on physical solitude it is not protected.
State News v. Michigan State University
Pretiral hearing
Time Inc. v. Firestone
Shulman v. Group W. Productions
10. Spoken defamation which causes injury to a person's reputation
Sixth amendmen
Detroit Free Press v. Macomb Circuit Judge
Alander
Florida Star v. B.J.F
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
Precedent
Shepherd v. Maxwell
Masson v. New Yorker Magazine
MCLA 750.520k
12. 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.
Sipple v. Chronicle Publishing Company
Publication of private matters that violate ordinary decency
Gertz v. Welch
Pearson v. Dodd
13. Reconfirmed that you cannot censor news media and its coverage unless theirs a clear and present danger.
First amendment
Cantrell v. Forest City Publishing
Nebraska Press Association. v. Stuart
Eimann/Braun v. Soldier of Fortune Magazine
14. Michigan statute M.C.L.A. 750.520k violated the First - Fifth - and Fourteenth Amendments
Morse v. Frederick
Arraignment
WXYZ v. Hand
Wolston v. Readers' Digest Association
15. Police have to disclose incident report records. Do have to keep submitting FOIAs.
Bradley v. Saranac Community Schools Board of Education
Actual Damages
State News v. Michigan State University
6th - cincinnati OH
16. The declaration of a final judgment based on the evidence presented
Booth Newspaper v. U of M Board of Regents
Adjudication
Circuit Court
Pearson v. Dodd
17. Compensatory damages are a proper remedy to avoid the injustice under a promissory estoppel claim.
Nebraska Press Association. v. Stuart
Cantrell v. Forest City Publishing
Florida Star v. B.J.F
Cohen v. Cowles Media Co
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.
Bradley v. Saranac Community Schools Board of Education
Fourteenth amendment
Booth Newspaper v. U of M Board of Regents
Adjudication
19. There is liability even if the news organization reports both sides - if the sources are not credible.
Zacchini v. Scripps-Howard Broadcasting
Kincaid v. Gibson
Sipple v. Chronicle Publishing Company
Harte-Hanks Communications - Inc. v. Connaughton
20. 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.
Right to publicity
Pearson v. Dodd
Freedom of information act
Injunction
21. Permission given by SCOTUS to allow a case to be appealed
Rouch 2
Certiorari
Felonies
Houchins v. KQED Inc.
22. Lowest court handles: Tickets - civil matter - Misdemeanor - Felonies
District Court
Defenses of libel
In re Closure of Voir Dire (People v. Lawrence)
Fair comment
23. A decision of a court that is recognized as an authority in deciding cases which deal with similar or identical questions of law.
Clark v. ABC
Precedent
Booth Newspaper v. U of M Board of Regents
Sipple v. Chronicle Publishing Company
24. 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
Right to publicity
Curtis Publishing v. Butts and AP v. Walker
Miami Herald Co. v. Tornillo
First amendment
25. 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.
Doctrine of neutral reportage
Detroit Free Press v. Macomb Circuit Judge
First amendment
Rouch 1
26. US Supreme court allows inquiry into a reporters state of mind when making decisions about what to include and what not to include.
Clark v. ABC
Herbert v. Lando
Civil contempt
Sipple v. Chronicle Publishing Company
27. Any communication - true or false - which exposes a person to hatred - ridicule or contempt. the person's reputation is harmed or damaged
Defamation
Right to publicity
Evening News Association v. Troy
Wilson v. Layne
28. Michigan is in ____ district court in ____ -____
Private figure
Doctrine of neutral reportage
6th - cincinnati OH
Farmers Education Cooperative v. WDAY
29. (privacy) a. Because of who you are - you have a right to profit from your image b. Endorsements
Midland Publishing Co v. District Judge
Public figure
Right to publicity
Dendrite v. John Does
30. No guarantee of immunity for media ride alongs.
Wilson v. Layne
Branzburg v. Hayes
Tasini v. NYT
5 Areas of privacy
31. Civil cases when the amount in dispute is less than $25 -000
Circuit Court
Tickets
Detroit Free Press v. Macomb Circuit Judge
Freedom of Information Act
32. 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.
Detroit Free Press v. Macomb Circuit Judge
Miami Herald Co. v. Tornillo
Defamation
Eric Jackson v. Eastern Michigan University Foundation
33. Harm done which the law cannot remedy.
Preliminary hearing
Detroit Free Press v. Recorder's Court Judge
Irreparable harm
Hazelwood v. Kuhlmeier
34. For purposes of divorce - there may be some elements of a public person's private life that make them a private figure.
Time Inc. v. Firestone
Injunction
A.Z. v. Jane Doe
Certiorari
35. Recognized first amendment right of privacy for private figures against media.
Booth Newspapers v. City of Kalamazoo
McCracken v. Evening News Association
Certiorari
Cantrell v. Forest City Publishing
36. Damages presumed - Falsely accusing someone of a crime - Statements concerning race or political belief - Damaging someone in their business - Ex. calling brain surgeon 'butterfingers'
Libel Per Se
Snepp v. United States
Circuit Court
Doctrine of neutral reportage
37. Private members of society are not required by the First Amendment to meet the 'actual malice' standard in order to recover damage.
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38. Written defamation which causes injury to another's reputation
MCLA 750.520k
In re Closure of Voir Dire (People v. Lawrence)
Cohen v. Cowles Media Co
Libel
39. The government cannot censor. In order to exercise prior restraint - the Government must show sufficient evidence that the publication would cause a 'grave and irreparable' danger.
Masson v. New Yorker Magazine
Hazelwood v. Kuhlmeier
New York Times v. United States
McIntosh v. The Detroit News
40. A constructive trust is a proper manner of relinquishing the profits of one who abuses a confidential position.
Snepp v. United States
Eimann/Braun v. Soldier of Fortune Magazine
Private figure
Reporters Committee v. AT&T
41. 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)
New York Times v. Sullivan
Sipple v. Chronicle Publishing Company
Sixth amendmen
Summary judgment
42. 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.
Defamation
Pearson v. Dodd
Fourth amendment
Preliminary hearing
43. 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.
Preliminary hearing
Private figure
Tickets
McCracken v. Evening News Association
44. Newspaper must have known material falsity - material falsity became standard of proof in Michigan.
Actual malice
Rouch 2
Right to publicity
McCracken v. Evening News Association
45. Journalists and citizens must first obey court orders first before seeking appeal - even if they believe the order is unconstitutional
5 Elements of libel
U.S. v. Dickinson
Freedom of information act
Wilson v. Layne
46. 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.
New York Times v. United States
Libel Perquod
Cohen v. Cowles Media Co
Fair comment
47. Plaintiffs are not entitled to an order unmasking an anonymous author when the statements in question cannot support a cause of action for defamation.
A.Z. v. Jane Doe
Globe Newspapers v. Superior Court
Defenses of libel
Pearson v. Dodd
48. Statements of opinion that could be perceived as defamation need to be based on reliable evidence.
Libel Per Se
Milkovich v. Lorain Journal Co
Civil contempt
Alander
49. 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.
Evening News Association v. Troy
Masson v. New Yorker Magazine
Gannett v. DePasquale
Branzburg v. Hayes
50. Friend of the court.
Amicus curiae
Jurisdiction
Any civil matter
Press-Enterprise v. Superior Court in Riverside