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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. 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.






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.






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






4. Reckless disregard for the truth; knowing falsity






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






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.






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






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






9. What is shot in public place is fine - but if there is intrusion on physical solitude it is not protected.






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






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






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.






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






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






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






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






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






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.






19. There is liability even if the news organization reports both sides - if the sources are not credible.






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.






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






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






23. A decision of a court that is recognized as an authority in deciding cases which deal with similar or identical questions of law.






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. 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.






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






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






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






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






30. No guarantee of immunity for media ride alongs.






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






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.






33. Harm done which the law cannot remedy.






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






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






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'






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






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.






40. A constructive trust is a proper manner of relinquishing the profits of one who abuses a confidential position.






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)






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.






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.






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






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






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.






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.






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






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.






50. Friend of the court.