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






2. in an invasion of privacy tort - an action which occurs when an individual's expectation of privacy or right to be left alone is breached. EX. A reporter lies about his identity to gain access to information they couldn't under normal conditions.






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






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






5. 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.






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






7. (privacy) There are areas around you that are a 'zone of privacy'






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






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






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






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






12. 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.






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






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






15. (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.


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






17. Reading of the charges against a person






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






19. Friend of the court.






20. 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






21. For purposes of divorce - there may be some elements of a public person's private life that make them a private figure.






22. Harm done which the law cannot remedy.






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






24. School officials can prohibit students from displaying messages that promote illegal drug use.






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






26. (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






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






28. Private members of society are not required by the First Amendment to meet the 'actual malice' standard in order to recover damage.


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






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






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






32. 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






33. Anything punishable by more than a year in jail






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






35. The First Amendment protects college students' freedom of expression - and the Hazelwood case should not be applied to college media.






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


37. Protects all 'persons' from deprivation of life - liberty or property without due process of law.






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






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






40. Police have to disclose incident report records. Do have to keep submitting FOIAs.






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






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






43. 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.






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






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






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






47. Publication - identification - defamation - harm and damages






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






49. 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






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