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






2. Anything punishable by more than a year in jail






3. Criminal matters anything less than a year in jail






4. 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.






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






6. 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.






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






8. 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






9. 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.






10. 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.






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






12. 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.






13. Have to have an open meeting when interviewing candidates for a public position.






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






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






16. 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.






17. 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.






18. US Supreme court allows inquiry into a reporters state of mind when making decisions about what to include and what not to include.






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






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






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






22. 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.






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






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






25. 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






26. 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.






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






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






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






30. 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






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






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






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






34. Failure to obey an order made by the court






35. A reporter has a qualified privilege to report on controversial matters of public interest using reputable sources.






36. 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.






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






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






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






40. Minor errors do not count as actual malice.






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

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42. Undercover efforts by news organizations could be prosecuted not for defamation - but possibly for things like breach of duty or loyalty.






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






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






45. 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






46. Reckless disregard for the truth; knowing falsity






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






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






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






50. 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.