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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. An order issued by the court to prevent attorneys and witnesses from discussing the case outside the courtroom - or reporters from publishing information obtained during a court proceeding.






2. The press has no greater constitutional right to access penal facilities than any member of the general public






3. 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.






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






5. Motions for summary judgment is applicable if the publication is not private facts and is newsworthy.






6. Publication - identification - defamation - harm and damages






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






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






9. Friend of the court.






10. Reading of the charges against a person






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






12. 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.






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






14. No guarantee of immunity for media ride alongs.






15. 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.






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






17. Minor errors do not count as actual malice.






18. Reckless disregard for the truth; knowing falsity






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






20. 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






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






22. 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.






23. 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.






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






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






26. 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.






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






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






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






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






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






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






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






35. 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.






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






37. Prevents ISPs from liability except on copyright.






38. (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






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






40. The First Amendment protection for students does not require a public school to print speech when they can justify their decision by stating it is lewd - indecent or offensive - or have legitimate pedagogical concerns.






41. MI Supreme Court ruled directory information of teachers cannot be disclosed. (home address and phone number)






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






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. 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.






45. A court order preventing a person or group from doing or continuing to do a specific act.






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






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






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






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






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

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