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Jour 371 - Midterm
Jour 371 - Midterm Charles Mitchell
50
Law
Undergraduate 4
05/06/2014

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Cards

Term
The duties of a chancery judge in Mississippi include:
Definition
A. 

Hearing cases involving wills and property, adoptions and divorces.

 
B. 

Hearing "family law" type cases.

 
C. 

Doing the right thing as between the parties; finding an equitable solution.

 
[image]D. 

All of the above

Term
Nonspecialized federal trial courts are called:
Definition
U.S. District Courts.
Term
Article III federal judges are appointed by the president and can be removed:
Definition
Impeachment.
Term
The legal term stare decisis refers to:
Definition
The practice of looking to see what courts have done in previous similar situations and, where appropriate, being consistent
Term
Examples of cases that might be heard in circuit court in Mississippi include:
Definition

 

None of the above.

Term
Appeals from U.S. district courts go to:
Definition
U.S. circuit courts of appeal.
Term
Some Oxford residents became ill after eating frozen treats sold during a street fair. The town council reacted with an ordinance that made “sales of food when the temperature is below 32 degrees F.” punishable by a $50 fine. Kroger complained, saying the ordinance shuts down their business on many winter days because the wording is:
Definition
Vague.
Term
Tupelo's city board was embarrassed when a national survey indicated the town's residents were, on average, the most overweight in America. The board members passed a law banning the sale or consumption of "anything overly fattening." A federal judge would likely invalidate the law as:
Definition
Unconstitutionally vague.
Term
A county had 12 high schools. Each had a dress code requiring that students wear shirts only in the respective school colors. One weekend, two students from the “orange shirt” high school were robbed and shot to death. Hearing this, Bob Jr., of a “blue shirt” high school tweeted that all students in all schools should violate school rules by wearing orange on Monday in a show of sympathy. The tweet spreads. People do it. Bob has:
Definition
Incited what would likely be seen as symbolic speech.
Term

 

After he graduates from the Meek School of Journalism and New Media, Bob’s grandfather gives him $20 million to start a business. Bob buys a building and a printing press and starts issuing “Corruption Today,” a magazine with investigative reports on all the lying, cheating and stealing in government. At the end of his first year, he receives a property tax bill. He suspects this is because he has angered public officials. Bob should:

Definition
Pay his property taxes, same as any other business. The First Amendment is not a tax avoidance mechanism.
Term
People tend to be more accepting of limitations to their First Amendment freedoms when:
Definition
National security is threatened.
Term

 

A right to privacy in America:

Definition
Exists, but by implication due to other provisions in the Constitution.
Term

 

Bob is shocked to discover that just before Bob Jr. and his friend stole Bob’s Toyota and totaled it, they were playing a video game called, “Steal Your Dad’s Toyota.” He sues the game manufacturer for the value of the car. The manufacturer claims the First Amendment protects him. What result?

Definition
The game manufacturer will win unless Bob can prove a direct, causal connection between the game and the theft.
Term
Walgreen’s is served with a lawsuit by a store discount cardholder who objects to her shopping being tracked. Walgreen’s best defense is:
Definition
Consent.
Term

 


Bob is on duty at the TV station when a woman walks in with a DVD. She says she is a school secretary and was just fired. The DVD, she says, contains images of the school principal paddling students in violation of the school’s published policy against corporal punishment. Bob has taken ethics, so after verifying her story completely and determining it is truthful, Bob calls the School District Office to complete his due diligence. He is routed to the school attorney who sprints to court and asks a judge to block use of the DVD because it involves minors. The attorney is seeking:

Definition

 

A prior restraint.

Term
Bob is on duty at the TV station when a woman walks in with a DVD. She says she is a school secretary and was just fired. The DVD, she says, contains images of the school principal paddling students in violation of the school’s published policy against corporal punishment. Bob has taken ethics, so after verifying her story completely and determining it is truthful, Bob calls the School District Office to complete his due diligence. He is routed to the school attorney who sprints to court and asks a judge to block use of the DVD because it involves minors. If the judge reviews existing law, she will likely:
Definition
Protect the interests of minors, but otherwise not interfere.
Term

 


Bob painted the outside of his house bright pink. The local TV station did a story, interviewing neighbors who said they thought the paint color was simply horrible. Bob was not interviewed. The newscast showed the house. Bob says his choice of paint colors was his private decision and sues based on all the attention and embarrassment. Which of the following is true?

Definition
A. 

There can be no privacy claim based on things in public view.

 
B. 

Bob has no reasonable expectation of privacy based on these facts.

 
C. 

The TV reporter didn't have to interview Bob if she didn't want to.

 
[image]D. 

All of the above

Term
Bob has a bad day at work. When he gets home, he posts to Facebook: “If I have to spend one more day under the thumb of my boss I will surely lose my mind.” Bob is not "friends" with his boss on Facebook, but someone who is reposts Bob's post. The next morning, Bob’s boss calls him in and says, “No worries. You’re fired.” Bob says he had no idea posted items could be reposted and seen by others who were not in his friends list. What’s the rule?
Definition
Any person who voluntarily chooses to place what he or she considers private information on the Internet will be deemed to have consented to other people knowing and having access to and sharing the information.
Term
Bob opens a bar and calls it “Bob’s.” To his surprise, another bar opens across the street using the same name, the same logo, the same colors, the same interior design, the same menu. Bob sues for appropriation of his business name or likeness for trade purposes. He loses his case. Why?
Definition
Businesses can't make privacy claims.
Term

 

Bob’s Beer is not selling well. He has an idea. He goes to the NFL Shop online and buys a poster of Eli Manning and scans it. Using Photoshop, he replaces the football in Manning’s hand with a beer, prints and displays the poster. Sales shoot up. Bob has violated the football star’s:

Definition
Right of publicity.
Term
The prime question to ask in an intrusion upon seclusion case is:
Definition
Was there an objectionably reasonable expectation of privacy?
Term
Jane sells yarn. She knows she can’t use a famous person’s image to promote her business without permission, but her sister can imitate (famous person) Martha Stewart’s voice perfectly and, in fact, her sister is even named Martha. She gets the sister to record a radio commercial in which she says, “Hi, this is Martha. Please buy your yarn from Jane.” Which of the following is true?
Definition
A. 

'Name or likeness' extends to voice, profiles, imitations or hints.

 
B. 

The element of 'name or likeness' is usually a fact question.

 
C.

If the similarities are beyond coincidental, it doesn't matter whether "Martha" fully claimed to be "Martha Stewart" or not.

 
[image]D. 

All of the above.

Term
Jane sells yarn. She knows she can’t use a famous person’s image to promote her business without permission, but her sister can imitate (famous person) Martha Stewart’s voice perfectly and, in fact, her sister is even named Martha. She gets the sister to record a radio commercial in which she says, “Hi, this is Martha. Please buy your yarn from Jane.” Instead of sales increasing, however, Jane's yarn sales actually decline. Which of the following is true?
Definition
The real Martha Stewart will not be able to recover damages because her damages would be based on the value of her image. If using her image does not result in increased sales, then her image had no value and there are no damages to recover.
Term
Beyonce is interviewed by Spin magazine and poses for a cover photo. To help sales, Spin’s marketing department decides to use the cover on a billboard. Beyonce did not agree to this. What do we call it?
Definition

 

Incidental use.

Term
Jane sees a cute kid sitting on a public street outside a Pinkberry eating a cup of yogurt. She shoots some video and suddenly realizes Pinkberry might like to use it in its advertising, so she asks the child to sign a full model release. The child signs. Jane sells the video to Pinkberry for $100,000 and it is used on the Pinkberry website. What comes to your mind?
Definition

 

Minors do not have the legal capacity to give consent.

Term
This federal law makes eavesdropping on (intercepting) cell or cordless phone calls illegal.
Definition
The Electronic Communications Privacy Act.
Term
Jane is a videographer for WMC-TV in Memphis. She’s walking around the annual Memphis in May barbecue contest and sees a woman clearly enjoying a rack of ribs. She pushes the “record” button and captures the woman chowing down. The woman does not see Jane, nor does she sign any release. WMC shows the video during the weather portion of the evening newscast, while the weather dude talks about the contest and how great the weather has been. The woman’s BF is watching and calls her into the room, saying, “Hey. I thought you told me you didn’t leave the office all day today.” The woman is horrified and immediately calls WMC-TV. You answer the phone. Based on your JOUR 371 class, what words come immediately to mind?
Definition

 

News exception.

Term
At the end of his workday on a road construction crew, Bob liked to sit on the tailgate of his pickup and enjoy a beer. Jane, with her trusty camera, happened to see him and asked to take his picture. He agreed. The picture was classic — weary, rough-hewn man in the streams of a setting sun. A smokeless tobacco company saw the image, bought it from Jane and used it on its packaging. Bob saw the picture and was horrified. His brother had died of cancer and the last thing he would endorse was tobacco. He hired a lawyer and sued, but, sadly, was hit and killed by a passing 18-wheeler before the case went to trial. Bob’s wife and children want to continue the case. What results?
Definition
Sorry, but Bob's damages would have been based on his emotional distress. As he is no longer in distress, he no longer has damages.
Term
Which of the following is not an inquiry in the Poynter/SPJ test for appropriate use of stealth?
Definition

 

Who else knows about this?

Term
Most media companies:
Definition

 

Voluntarily do not disclose the names of sex crime victims unless the victims choose to self-identify.

Term
The purpose of First Amendment freedoms is to:
Definition
To empower the people to manage the government and the society in which they live.
Term

 

Bob sent a letter to the editor of The Campus Chronicle, which was printed in its entirety. In it, Bob said he thought Oxnard needed a new police chief because there is never enough parking near the town square. It turns out parking near the town square is controlled by the town council, exclusively. The police chief sues because she feels she has been defamed, accused of not doing her job. She has absolutely nothing to do with parking spaces. What is the correct analysis?

Definition
Bob's letter is his opinion, protected by the First Amendment.
Term
Bob sent a letter to the editor of The Campus Chronicle, which was printed in its entirety. In it, Bob said he thought Oxnard needed a new police chief because there is never enough parking near the town square. It turns out parking near the town square is controlled by the town council, exclusively. The police chief sues because she feels she has been defamed, accused of not doing her job. She has absolutely nothing to do with parking spaces. On these facts, The Campus Chronicle is:
Definition
The republisher.
Term
Historically speaking, writing or speaking against the interests of government is known as:
Definition
Sedition
Term
In America, a founding principle is that the power or authority to govern (meaning tell people what they can and can’t do) comes from:
Definition
The consent of the people to be governed.
Term

 

Courts are extremely hesitant to decide whether expression is or isn't constitutional if the objection is based on:

Definition
A. 

Content.

 
B. 

How many people object.

 
C. 

Popularity of a viewpoint.

 
[image]D. 

All of the above.

Term
Bob, a reporter, opened an email from the local sheriff's department. He accurately turned the contents of the press release into a news story, reporting that Homer Simpson, 42, of 111 Lakeview Drive had been arrested for armed robbery. Turns out, the police clerk who wrote and sent the email was formerly married to Homer and just wanted to embarrass him. It was not true. Homer wants to sue the newspaper where Bob works. What comes to mind?
Definition

 

Qualified privilege.

Term
You work in the marketing department of a toy company. The CEO comes to you and says, "Hey, you're a 'digital native.' Use your skills on the Internet to find out what kinds of toys kids want next Christmas." You consider several options, but you remember:
Definition

Harvesting market data from children under 13 is a violation of federal law.

 

Term

The Communications Decency Act provides that:

 
Definition
No provider of any interactive computer service shall be regarded shall be treated as the speaker or publisher of any information provided by another information content provider.
Term

 

Bob owns a tire dealership. Its website says “Icestone Tires Are Simply The Best” and invites customers to write about their experience with Icestones. You handle Bob’s account for a PR agency and Bob tells you to let customers to brag about the good mileage, smooth ride and such. He doesn’t want any criticism. “You check anything that comes in,” Bob says. “Don’t let anyone put up anything bad.” You respond:

Definition

 

OK, Bob.

Term

 

Editors of the Town Press decide they are tired of how people posting comments to their stories always tend to start calling each other names, never really talking about the issues in the story. The editors tell you, the webmaster, to start screening comments and not to allow any that don't relate to the subject matter at hand. You tell them:

Definition
OK, but if any slip through that turn out to be libelous, we'll likely be held responsible as republishers.
Term

 

Actual malice is a legal term that means a defendant:

Definition

 

Knew published information was false or acted with reckless disregard to truth or falsity

Term

 

The reason determining whether the plaintiff is a libel case is a public official, person or figure is so important is because:

Definition
Plaintiffs in this group must prove actual malice.
Term

 

Published information is defamatory when it:

Definition
A. 

Tends to make people think less of another person.

 
B. 

Gives a person public "cooties."

 
C. 

Lowers the esteem in which a person is regarded.

 
[image]D. 

All of the above.

Term

 

Most libel cases arise from:

Definition

 

Carelessness.

Term

 

Bob was proud of his career as a college student, especially when he graduated summa cum laude. However, immediately after the commencement exercises he went to boot camp and then into active military service. He did not get back to his home town for more than two years. When he did, his mother said, "You know, the University sent you a letter about graduating, but it didn't mention your honors." Bob was pretty furious, feeling he has been demeaned. Which of the following is true?

Definition
A. 

There's nothing defamatory about graduating without honors.

 
B. 

The statute of limitations has likely run.

 
C. 

Nothing was published about Bob.

 
[image]D. 

All of the above.

Term
Which of the following is NOT a factor in determining whether negligence occurred?
Definition
A. 

Pertinent documents were not read.

 
B. 

There was reliance on an untrustworthy source.

 
C. 

An obvious source of correct information was overlooked.

 
[image]D. 

The error was irrelevant.

Term

 

Which of the following is true about stories from news services such as The Associated Press?

Definition

 

They are liable for libel in their stories but media companies using the stories are exempt.

Term

 

Bob covered a murder trial for The Washington Times. His story included a direct quote from a witness, Lucy, who pointed to the defendant, Johnny Brown, and said, "That's him. He's the guy who killed Bill. I saw him do it." Asthings turned out, Lucy was lying. She had really killed Bill and was later convicted of the murder and of lying on the witness stand. People still eyed Johnny Brown suspiciously, though, which angered him. He felt The Washington Post and others had defamed him by printing as fact a completely false statement. He calls you about this and you console him. You say:

Definition

 

I know it's hard, but the news report of Lucy's testimony was accurate. And technically, the newspaper can claim a qualified privilege for publishing this false and defamatory information.

Term

 

Negligence is defined as:

Definition
Failure to exercise reasonable care.
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