Accounting
Anthropology
Archaeology
Art History
Banking
Biology & Life Science
Business
Business Communication
Business Development
Business Ethics
Business Law
Chemistry
Communication
Computer Science
Counseling
Criminal Law
Curriculum & Instruction
Design
Earth Science
Economic
Education
Engineering
Finance
History & Theory
Humanities
Human Resource
International Business
Investments & Securities
Journalism
Law
Management
Marketing
Medicine
Medicine & Health Science
Nursing
Philosophy
Physic
Psychology
Real Estate
Science
Social Science
Sociology
Special Education
Speech
Visual Arts
Journalism
Q:
Journalists who trespass are subject to:
A.civil liability
B.criminal prosecution
C.both civil liability and criminal prosecution
D.neither civil liability nor criminal prosecution
Q:
In a public disclosure of private facts lawsuit, courts will always consider how a story was reported, as well as what information was reported.
Q:
Since taking office in January 2009, President Barack Obama
A.vowed to make government transparency and access to government records a priority.
B.eliminated the problems with FOIA that existed under President George W. Bush.
C.both "a" and "b" are correct.
D.neither "a" nor "b" is correct.
Q:
While most courts in libel actions have rejected the notion of the involuntary public figure, courts have generally recognized this concept in privacy cases.
Q:
Explain the general principle about newsgathering that is illustrated by the case of Lawrence Matthews and his investigation for a news story on child pornography.
Q:
While a few newspapers have codes of ethics, journalism organizations like the Society of Professional Journalists have not developed such codes, for fear of alienating some of their members.
Q:
As described in the textbook, define trespass.
Q:
American businesses enthusiastically adopted Internet privacy provisions identical to those adopted in the European Data Privacy Directive.
Q:
Identify the four factors articulated by a federal judge in 2009 for determining whether a government agency as sufficient "control" over a document to render it an "agency record" for purposes of the federal Freedom of Information Act.
Q:
Publication of private facts cases are the easiest type of privacy case for a plaintiff to win.
Q:
In general, explain how the courts have responded to the argument that the First Amendment protects the right to gather news?
Q:
In 2012, the 9th U.S. Circuit Court of Appeals in Marsh v. County of San Diego became the first federal appellate court to recognize a U.S. constitutional right to privacy in
A.public places.
B.death images.
C.social security numbers.
D.restrooms and changing rooms.
Q:
Which of the following would provide a plaintiff with a strong chance of winning a private facts lawsuit?
A.Publication of the school records of a student charged with shooting a classmate during a gym class.
B.Publication of the contents of a conversation between a man and a woman sitting in a booth in a Denny's restaurant that was overheard by a reporter.
C.Posting a video on the Internet of a man and woman having sexual relations in a car parked in a public parking lot at an airport.
D.None of these would give a plaintiff much of a chance of winning.
Q:
Legislation adopted by states and the federal government since the terrorist attacks of 9/11 has
A.increased personal protection for privacy on the Internet, but not in other forms of communication.
B.placed national security interests above the right to privacy.
C.has made it harder for corporations to gather personal information about individuals.
D.has resulted in an increase in right to privacy lawsuits.
Q:
The publication of the name of the victim of a rape is regarded as
A.wrong both ethically and legally.
B.always permissible both ethically and legally.
C.permissible legally, but highly questionable ethically.
D.permissible ethically, but legally wrong.
Q:
Vanna White brought a successful right of publicity case based upon the unauthorized use of:
A.her photograph.
B.her name.
C.both her photograph and her name.
D.neither her photograph nor her name.
Q:
If Debra Price sued a newspaper for invasion of privacy after it reported that in 1971 she was arrested for planting a bomb under a police car during a protest demonstration, most courts would rule
A.that the publication of such information today no longer has any public interest and is an invasion of her privacy.
B.that publishing a story about her arrest was an invasion of privacy because the newspaper did not report whether she had been convicted of the charge.
C.that it is permissible to relate stories about a person's past public life.
D.that the statute of limitations for the lawsuit had expired.
Q:
Discuss briefly whether American courts consider it possible for a well-known person to pass his or her right of publicity on to an heir.
Q:
To succeed in a cause of action for public disclosure of private facts, the private fact must be communicated:
A.to one person other than the plaintiff and the defendant.
B.to the public at large.
C.by the defendant for at least a 24-hour period.
D.by the defendant for at least five business days.
Q:
What are the circumstances in which written consent may not suffice as a defense in an appropriation case?
Q:
Which of the four invasion of privacy torts has received the least recognition by state courts?
A.appropriation
B.public disclosure of private facts
C.false light
D.intrusion
Q:
While celebrities can stop the use of their names or likenesses in commercial vehicles like ads or films, they can't protect the use of their voice in such vehicles.
Q:
Courts have suggested that which one of the following is tantamount to the opposite of newsworthiness?
A.a morbid and sensational prying into a person's private life for its own sake.
B.reporting on the social lives of celebrities.
C.reporting on the sex lives of politicians.
D.anything to do with any one of the Kardashians.
Q:
The use of a name or likeness in any publication sold to a reader for a profit is considered an appropriation.
Q:
The two areas of the law of privacy that currently seem most affected by the Internet are
A.appropriation and intrusion.
B.appropriation and public disclosure of private facts.
C.public disclosure of private facts and intrusion.
D.false light and private facts.
Q:
A corporation enjoys the same personal right of privacy as a living person.
Q:
A public-figure plaintiff in a false light privacy suit must prove that
A.the defendant's behavior amounted to actual malice.
B.the false light in which the plaintiff is portrayed is highly offensive to a reasonable person.
C.both "a" and "b" was be proven.
D.neither "a" nor "b" must be proven.
Q:
The publication of information that has been obtained through an illegal intrusion is not considered an invasion of privacy if the reporter or editor had nothing to do with the intrusion.
Q:
What must a plaintiff, who is suing for the publication of private facts, prove to the court to win his or her suit?
Q:
Courts are in agreement that a person using wi-fi to send or receive material via the Internet enjoys a reasonable expectation of privacy.
Q:
Persons who send e-mail messages and participate in chat rooms on the Internet do not have a reasonable expectation of privacy under the law.
Q:
The use of the likeness of a celebrity on a shirt, trading cards or other such items is always regarded as an appropriation.
Q:
The defense of newsworthiness in a privacy lawsuit extends to stories about important governmental, economic, foreign policy or political issues, but it does not extend to stories about social or cultural issues.
Q:
An employee who uses a company computer has a reasonable expectation of privacy with regard to the e-mails he or she sent or received.
Q:
To win a lawsuit for the publication of private facts, the plaintiff must show that
A.the facts were private.
B.the revelations would be highly offensive a reasonable person.
C.the public would not have a legitimate interest in the facts.
D.all of the above are correct.
Q:
A libelous comment may be answered with a libelous comment under the defense of right of reply.
Q:
In privacy law, the doctrine of incidental use means
A.a person whose image appears in a news story about a public incident cannot sue for invasion of privacy.
B.the public incidents in a person's life cannot be shielded by privacy law.
C.a brief or fleeting use of a person's name or likeness in a commercial vehicle is permitted.
D.a claim of invasion of privacy might accompany a claim of incidental libel in a lawsuit.
Q:
Comments made during a civil court proceeding are not protected by the defense of qualified privilege.
Q:
In 2013, which one of the following states attempted to adopt an anti-paparazzi statute known as the "Steven Tyler Act"?
A.California
B.New York
C.Florida
D.Hawaii
Q:
The statute of limitations for libelous matter on the Internet begins the day the matter is first accessed by a user.
Q:
The statute of limitations in most states is three years.
Q:
The First Amendment defense of opinion also protects false statements of fact contained in an article that is mostly opinion.
Q:
The Supreme Court has barred the award of punitive damages in libel suits.
Q:
Special damages are no longer allowed because of First Amendment concerns.
Q:
If a plaintiff has consented to the publication of a defamatory statement, he or she cannot later sue for damages because of that publication.
Q:
Most courts have ruled that the typical reader or listener or viewer can't distinguish between factual assertions and opinion statements.
Q:
News stories based on inaccurate government reports will normally be protected by the defense of qualified privilege.
Q:
Sources of privacy rights in the United States today include:
A.The U.S. Constitution
B.Statutory law
C.both "a" and "b" are sources of privacy rights
D.neither "a" nor "b" is a source of privacy rights
Q:
Transformative use in a right of publicity case refers to
A.a use that transforms the plaintiff's likeness into something the defendant can sell.
B.a use that is not a literal depiction of the plaintiff's likeness but that adds creative elements.
C.the judicial transformation of an appropriation claim into a right to publicity claim.
D.a use that takes a person who is a celebrity in one field and transforms that celebrity to another field; like making a musician into a TV actor.
Q:
Defenses against libel actions, in addition to qualified privilege and the opinion defenses, include
A.consent and innocent action.
B.right of reply and innocent action.
C.consent and right of reply.
D.innocent action and mitigating circumstances.
Q:
One of the most important scholarly articles contributing to the legal recognition of a right to privacy in the United States was published in 1890 in the Harvard Law Review and was co-authored by:
A.Warren and Brandeis B. Pember and Calvert
C.Holmes and Smithfield
D.Rowan and Martin
Q:
Courts can usually assess four kinds of damages in a libel suit. These include
A.special and nominal damages.
B.punitive and actual damages.
C.nominal and extraordinary damages.
D.presumed and additional damages.
Q:
A person's whose photo is taken without her permission while she is walking down a public street sidewalk cannot successfully sue for public disclosure of private facts but could successfully sue for:
A.the right to be forgotten.
B.trespass.
C.intrusion.
D.none of the above.
Q:
How does the Ollman test differ from the Milkovich test as a means of distinguishing fact from opinion?
Q:
The intrusion tort differs from other right to privacy torts (appropriation, public disclosure of private facts and false light) because:
A.publication is not required to establish a legitimate cause of action for intrusion.
B.intrusion is recognized in only a minority of the states in the nation.
C.while litigation in the other three tort areas has grown sharply in the past two decades, the number of intrusion cases has dropped sharply.
D.only celebrities or well-known individuals can successfully sue for intrusion.
Q:
Right of reply and consent are regarded as secondary libel defenses. What does this mean?
Q:
The Booth rule is applicable in which of the four varieties of invasion of privacy?
A.appropriation
B.intrusion
C.private facts
D.false light
Q:
In libel law, a public controversy is defined as a controversy in which the resolution of the issues will affect a larger group of persons than those involved in the controversy.
Q:
The New York Times rule was generated by a lawsuit stemming from the Bush-era invasion of Iraq.
Q:
Whether or not a reporter sought a comment from the subject of a libelous story will always be a critical factor in determining actual malice.
Q:
A business regulated by the government is always regarded as a public figure.
Q:
Under the statute of limitation libel rules, the date of publication (when the time limit begins) for a newspaper is
A.the date of publication that appears on the newspaper.
B.the date of the most recent sale of a copy of the newspaper.
C.the date the libelous story was written and edited, regardless of when it was published.
D.None of the above.
Q:
A difference between absolute and qualified privilege is
A.absolute privilege protects the speaker; qualified privilege protects reports about what the speaker said.
B.absolute privilege has roots in the Constitution, qualified privilege developed through the common law and state statutes.
C.qualified privilege only applies if the report is a fair and accurate report; accuracy and fairness do not apply to absolute privilege.
D.all of the above.
Q:
In which of the following situations would an individual most likely be deemed to be a public official in a libel suit?
A.A newspaper story that reports that a public school teacher said she was born in the United States on her job application, when she was really born in France.
B.A story that claims that a custodian at a state office building was accused of stealing cleaning supplies.
C.A story that alleges that a city councilwoman has taken money from a developer in exchange for her vote to approve a rezoning applications.
D.None of the above.
Q:
Courts have generally agreed that the publisher of a libel on the Internet
A.can be sued in any state since a resident of any state can access the libelous material.
B.must be sued in federal court.
C.cannot be sued because of Section 230 of the Communications Decency Act.
D.there is no real consensus yet on answering the jurisdictional questions involving libel on the Internet.
Q:
Most judges tend to focus on one of the four elements of the tort of intentional infliction of emotional distress when evaluating a defendant's actions. It is
A.whether the defendant's conduct was intentional or reckless.
B.whether the defendant's conduct was outrageous.
C.whether the defendant's conduct caused the emotional distress.
D.whether the plaintiff's emotional distress was severe.
Q:
In defending a lawsuit based on statements of opinion, a defendant may win the case
A.by arguing that the statements are rhetorical hyperbole.
B.by arguing that the statements are protected by the First Amendment.
C.by arguing that the statements are fair comment and criticism.
D.all of the above.
Q:
What are the criteria for a limited-purpose public figure?
Q:
Which of the following would not be covered by the defense of qualified privilege?
A.Comments made by a protester on the steps of a police station.
B.Comments contained in a police blotter or jail register.
C.Statements made by a mayor during her annual state of the city address.
D.All of the above would be covered.
Q:
Distinguish between negligence and actual malice.
Q:
The criteria in the Ollman test for libelous opinion includes
A.the provability of the statement, the context of the remarks, and the ordinary meaning of the words.
B.the provability of the statement, the context of the remarks, and the status of the speaker.
C.the context of the remarks, the status of the speaker, and the nature of the audience.
D.all of the above.
Q:
A plaintiff must only prove that a story has serious errors to prove actual malice.
Q:
The libel defense of neutral reportage
A.emerged in England in the 1800s.
B.protects exaggerated opinion statements.
C.has been accepted by most state courts.
D.None of the above is correct.
Q:
An individual can be regarded as an all-purpose public figure if he or she is well known nationally, or well known exclusively in the geographic area (such a state or city) in which the libel was circulated.
Q:
Most criminal libel prosecutions
A.are brought against terrorist groups.
B.are brought for political reasons by police officers and public officials.
C.are caused by comments by talk radio hosts.
D.are brought by banks and insurance companies against the press.
Q:
Once a person is considered a public figure for purposes of a libel suit, he or she will always be regarded as a public figure in future libel cases, regardless of the subject matter of the subsequent libelous publication.
Q:
All elected government employees are regarded as public officials.
Q:
Individuals whose actions inadvertently or innocently push them into a public controversy are rarely regarded as public figures.
Q:
Lower courts have consistently ruled that persons married to or closely associated with public persons are also public persons for the purposes of libel action.
Q:
In an effort to stop so-called libel tourism cases
A.great Britain is considering making it more difficult for plaintiffs to win such cases.
B.congress passed legislation that protects American defendants.
C.some states prohibit their courts from enforcing foreign libel judgments.
D.All of the above are true.