Test your basic knowledge |

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. 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






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






3. 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






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






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






6. 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.






7. 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.






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






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






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






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






12. 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.






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






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






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






16. 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.






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






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






19. Newspapers do not have an equal time requirement like broadcast has.






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






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






22. 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.






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






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






25. (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.

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






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. Minor errors do not count as actual malice.






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






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






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






32. 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.






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






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






35. 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.






36. 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.






37. To claim exemption for investigative records - they must show how disclosure would interfere with proceedings. The burden of proof is on the party claiming exemption.






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






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






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. Limited decision. Closure of preliminary hearing is unconstitutional in California because they act as mini trials to ensure defendants right to a fair trial. Unique to that state however.






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






43. In Michigan - booking photos are available to the public.






44. Truth is only a defense in privacy cases when it's in a case of _______






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






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






47. 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






48. (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






49. No absolute right of access to members of the media. Can be restricted within reason.






50. 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.