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






2. If the information is lawfully obtained - the defendant can't be held in contempt of court.






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






4. Series of pre trail hearings: court created devices to weed out inadmissible evidence prior to trial. Often determine bargaining of prosecution and defendant to come up with plea bargain. Most cases are ended with plea bargain and don't go to trial.






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






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. 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.






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






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






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






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






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






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






14. 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.






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






16. (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.


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






18. 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.






19. 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.






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






21. Friend of the court.






22. 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.






23. 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.






24. Innocent and negligent misstatement in a newspaper are protected under constitutional freedoms of speech and press.






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






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






27. 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.






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






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






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






31. 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






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






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






34. 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.






35. 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.






36. A judgment made by the court before or during a trial. This judgment is in repsonse to a motion by the plaintiff or defendant - who claims there is not enough evidence or there is no dispute that the information given is fact.






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






38. Prevents ISPs from liability except on copyright.






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






40. 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






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






42. For purposes of defamation - a person who has thrust themself into the spotlight and has the power to gain media publicity. these individuals must prove actual malice to prevail in a libel suit






43. 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.






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






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






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






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






48. Anything punishable by more than a year in jail






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






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