jour 371 final practice quiz-- mitchell ole miss spring 18'

liz wyatt
Quiz by liz wyatt, updated more than 1 year ago
liz wyatt
Created by liz wyatt about 3 years ago
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Quiz on jour 371 final practice quiz-- mitchell ole miss spring 18', created by liz wyatt on 05/03/2018.

Resource summary

Question 1

Question
Two societal forces locked in a constant tug-of-war are:
Answer
  • Less filling and tastes great.
  • Neoclassical arbitrage and abstract bargaining.
  • Maximum freedom and maximum order
  • Individual liberty and collective freedom

Question 2

Question
We know that public sentiment/support for the freedoms provided by the First Amendment is strong at times and at other times people are more willing to defer to government controls. What's the controlling factor for these shifts?
Answer
  • Whether there's fear for the safety and security of the nation.
  • When there are shortages of basic supplies, such as in the aftermath of a hurricane.
  • Whether liberals or conservatives are in control.
  • Whether most people are employed and the economy is good.

Question 3

Question
Which of the following is true about courts of equity in Mississippi?
Answer
  • Cases usually involve property, wills or marital matters
  • There is usually no jury, just a judge.
  • The plaintiff is seeking something other than money damages
  • All of the above.

Question 4

Question
Mary agreed to buy a textbook for Sociology class and let Sue use it for free if Sue would lend Mary her notes from Theatre Appreciation class. This is an example of:
Answer
  • The law of mutual convenience.
  • Statutory law.
  • Common law.
  • Private law.

Question 5

Question
Bob opens an adult novelty and bookstore on the Square in Oxford, which outrages nearby merchants and many of the town's citizens. They complain to the mayor that they want the store shut down. The mayor replies that the Constitution protects Bob's right to sell explicit materials. The best he can do is to try to force Bob out of business with a law banning any door or other signs and any advertising in any form of adult novelties, books or magazines. What do you think?
Answer
  • This would be constitutional under the 10th Amendment
  • The law would be unconstitutional because it is content-specific.
  • The law would be unconstitutional because it would infringe on the right of sign-makers and ad-sellers to do business with Bob.
  • Good move. There is no right to advertise.

Question 6

Question
Why is the law sometimes different when youths are involved?
Answer
  • The law presumes that youths under a certain age do not have the capacity to make reasoned decisions.
  • The law presumes that youths under a certain age are the responsibility of their parents.
  • The law presumes that wisdom comes with age
  • The law knows young people make more wrong decisions than right decisions.

Question 7

Question
What is the relationship between law and ethics?
Answer
  • Many laws have roots in ethical considerations, but legal analysis and ethical analysis are not the same.
  • All laws derive through determining of right and wrong using ethical precepts.
  • Most laws have nothing to do with ethics.
  • There is no relationship between law and ethics.

Question 8

Question
The term "jurisdiction" references:
Answer
  • The people over which a specific court has authority
  • Whether a jury will hear a dispute or a judge will rule without a jury.
  • The people and topics over which a specific court has authority
  • The topics over which a specific court has authority.

Question 9

Question
What are the factors that will remove "incitement" expressions from First Amendment protections?
Answer
  • Intent, likelihood and imminence.
  • Volume, intensity and source.
  • Whether real harm resulted to people or whether there was real harm (significant) to property.
  • Whether the content was printed, broadcast or on the internet.

Question 10

Question
Bob removed his clothing and sprinted through the Union Food Court. University police nabbed him and charged him with indecent exposure. Bob asserts a First Amendment "symbolic speech" defense saying he was protesting food court prices. What will be determinative?
Answer
  • Whether food court prices are, in fact, unjustifiably high
  • Whether he was acting alone or had told others what he was going to do.
  • Whether viewers understood his act to carry that message.
  • Whether he can prove that really was his intent.

Question 11

Question
A widespread early method governments used to control the printed word was:
Answer
  • Requiring pre-approval of materials by government censors.
  • Only selling ink to preferred printers.
  • Requiring pre-approval of materials by church censors.
  • Licensing operation of printing presses.

Question 12

Question
Junkyard Games produced a video game in which points were scored based on creative ways to kill neighbors without alerting authorities that murders were being committed. Joe, who purchased and played the game, was arrested after his neighbor's security camera showed Joe loosening the neighbor's gas meter and directing the gas pipe into the crawl space under the neighbor's house. Joe was convicted of attempted murder, and the neighbor sued Junkyard Games for damages. What will the court require the neighbor to prove?
Answer
  • A close, causal connection between the game and Joe's action.
  • hat the game was dangerous to play.
  • Negligent infliction of emotional stress.
  • That Joe got the idea from the game.

Question 13

Question
What is the general rule about prior restraints in the United States?
Answer
  • They are almost never granted unless there is an immediate threat to national security.
  • Corporations can get them, but individuals citizens may not.
  • Obtaining one requires proof of impending harm to reputation.
  • They are liberally granted to allow a cooling off period or time to assess situations for the potential for harm.

Question 14

Question
Which of the following is a true statement about court systems in America?
Answer
  • They all have the same jurisdiction.
  • There is one federal system and each state has designed its own system.
  • Details of their structure of both state and federal systems are in the U.S. Constitution.
  • All of the above.

Question 15

Question
Conceptually, the First Amendment provides:
Answer
  • A basis for personal injury litigation.
  • Enumeration of all legal rights.
  • Validation that the power of government comes from the consent of the people to be governed.
  • All of the above.

Question 16

Question
What forces in the United States, other than government, place limits on free expression?
Answer
  • The marketplace, specifically in that a choice might lead to adverse personal or professional consequences.
  • The police, in that some choices might lead to lengthy prison terms.
  • Natural law.
  • All of the above.

Question 17

Question
George, who lives in North Carolina, was driving his Subaru through Omaha, Neb., when a local bakery delivery driver ran through a stop sign and totaled his car. What court will likely hear the case if George files a lawsuit?
Answer
  • U.S. District Court.
  • U.S. Tax Court.
  • A North Carolina trial court.
  • A Nebraska trial court.

Question 18

Question
You own and operate an imprint business. Robert comes in and wants to order 500 white cups with "GOD IS DEAD" printed in rainbow colors. You think this is distasteful, at best, and tell him you won't do it. Is this OK?
Answer
  • Yes. It is illegal to publish/print statements against religious faith in America.
  • Yes. On these facts, the First Amendment does not require private parties to do business with each other.
  • No. You will have violated Robert's First Amendment right to freedom of expression AND freedom of religion if you reject his purchase.
  • No. You will have violated Robert's First Amendment right to freedom of religion (or non-religion) if you reject his request.

Question 19

Question
The federal Americans with Disabilities Act is an example of:
Answer
  • Common law.
  • Accommodations law.
  • Private law.
  • Black-letter law.

Question 20

Question
Oxford physicians contact the town government about what they feel is an excessive rate of heart disease. They want something done about it. Local officials pass an ordinance reading, "No grocery store may sell and no restaurant may serve any unhealthy food." Anything wrong with this?
Answer
  • Yes. Local governments only have authority over local businesses. Most restaurants and grocery stores are franchises of national chains.
  • Yes. It would be too hard to enforce.
  • No. If the city charter is like most others, it allows the local government to enact provisions related to the health, safety and welfare of local citizens.
  • Yes. It appears to be unconstitutionally vague, given that "unhealthy" doesn't have a specific definition.

Question 21

Question
What's a major difference between the federal courts and the state courts in Mississippi?
Answer
  • Most federal judges are elected and most Mississippi judges are appointed.
  • Most federal courts do not have jury trials and all Mississippi courts impanel juries to hear cases.
  • Most federal courts have jury trials and most Mississippi courts do not.
  • Most federal judges are appointed and most Mississippi judges are elected.

Question 22

Question
Suppose a town has a restriction on the height of structures (62 feet) and a church wants to erect a steeple that exceeds the height specified. If the church claims freedom of religion, what does your analysis tell you would be the likely legal outcome.
Answer
  • The height restriction will be ruled constitutional because steeple height has no rational relationship to religion.
  • The town restriction places an undue burden on religious expression, and will be ruled unconstitutional.
  • The town restriction is content-neutral, and as long as it applies to all it will be deemed constitutional.
  • The height restriction will be ruled unconstitutional because it is vague.

Question 23

Question
Jim was mayor of Jimville. On the day before people voted on whether to re-elect him, a reporter called and said, "Mayor, we have just discovered that you used a city credit card to buy new cars for you, your son and your daughter. We are preparing to print a story about this and we want your reaction." Jim responds that a horrible mistake has been made by the dealership, which has both the city credit card and his personal credit card on file. The reporter says Jim's answer will be included in the story, but Jim believes the dealership's mistake will cause him to lose the election. He summons the city attorney and tells her, "You've got to stop them from printing anything about this." What should the city attorney do?
Answer
  • File a motion for a temporary restraining order on the basis of wrongful information.
  • Explain that she could ask a court for a prior restraint, but it is not likely a court would issue such an order.
  • Advise the car dealership to withdraw all of its advertising from the newspaper.
  • Immediately file a lawsuit against the car dealership.

Question 24

Question
How do Article III federal judges get and keep their jobs?
Answer
  • They are elected by popular majorities and serve for life. There's no removal mechanism
  • They are appointed by the president, subject to recall elections.
  • They are appointed by the president and confirmed by the Senate, subject to removal only by impeachment.
  • They are appointed by the Senate, confirmed by the president and subject to recall if shown to be inconsistent.

Question 25

Question
Which of the following best explains what the Founding Fathers were up to when they added the First Amendment?
Answer
  • They wanted a central government that would serve as a check on people harming one another.
  • They rejected religion and chose natural law instead.
  • They understood that people want order and predictability more than anything else.
  • They believed maximizing personal freedom was the best bet for creating a fair and progressive society.

Question 26

Question
"You are a crook. You were born a crook and you will die a crook," the police chief shouted at the mayor during a city council meeting during which the chief was fired. Channel Six used a video of the statement in its story about the termination. The mayor doesn't think Channel Six can prove he is a crook, so he sues for defamation. What's Channel Six's best defense?
Answer
  • Believability.
  • Privilege.
  • Opinion.
  • Vendor.

Question 27

Question
Ed and Fred, both amateur athletes, competed in a bicycle race. Ed won and Fred finished second. Ed posted a photo of himself on his Facebook page holding the trophy. In a comment, Fred wrote, "Yeah, I finished second to this guy but at least I don't use illegal performance-enhancing drugs." Assuming Ed does not use illegal performance-enhancing drugs, does Ed have a case against Fred for libel?
Answer
  • Yes., both Fred and Facebook can be required to pay damages.
  • Yes, all the elements appear to be there
  • No, Fred just said he didn't use performance-enhancing drugs. He did not specifically accuse Ed. Libel requires specific false statements of fact. Implication is not enough.
  • No. "Illegal" is not sufficiently defined.

Question 28

Question
Most libel cases arise from:
Answer
  • Carelessness.
  • False advertising.
  • Inexperienced news reporters.
  • Investigative journalism

Question 29

Question
Ed and Fred operated donut shops across the street from each other. One day Ed, feeling frisky, programmed the scrolling digital sign in front of his shop with this message: "Get your donuts here. Don't buy them from Fred's unless you like to find cat hairs in your pastries." Fred, naturally, wants to sue Ed for injury to his business reputation. Which of the following must be proved?
Answer
  • That people saw the sign.
  • At least some people believed there were or might be cat hairs in Fred's Donuts.
  • Fred lost sales because of the false statement of fact
  • All of the above.

Question 30

Question
Lumiere wrote on Instagram that Belle and the Beast were seeking a divorce because Belle was seeing Gaston. Belle was furious over this false statement of fact that damaged her reputation, but she knew Lumiere has no money to pay damages. She decided to sue Instagram. Assume this took place in the United States, not France. What result?
Answer
  • The Communications Decency Act says Instagram must pay actual damages, but is not responsible for punitive damages
  • The Communications Decency Act makes Instagram immune from paying damages.
  • Belle will have to prove she has been faithful to the Beast, which will be difficult.
  • This is a he-said/she-said case. Courts do not accept this type of case.

Question 31

Question
CBS News dispatched a team to Puerto Rico to cover hurricane damage. A CBS reporter pointed to one pile of rubble and said, "This was the home of Homer Simpson. Now, like thousands of others, it is rubble. As it happens, the neighbors are not sad about this because Simpson was a known drug dealer who often gave cocaine to neighborhood children to create addicts." When the broadcast package was completed, it was fed to CBS affiliates and many websites around the world. They aired or posted it. As it happened, Homer saw his house (or the rubble) from Denver, where he was visiting. He also immediately recognized the CBS reporter needed Spanish lessons. What the neighbors said - truthfully - was that Simpson was a beloved minister, who often gave the neighborhood children candy when inviting them to church. Simpson wants to sue every outlet that aired the story. What do you tell him?
Answer
  • Under the Wire Service Rule, we can sue CBS, but not the outlets.
  • Under the Wire Service Rule, we can sue every one of them. All we have to do is get a list.
  • This was an international story, so it will be hard to determine jurisdiction.
  • Unless there was intentional malice involved, you can't win a case like this.

Question 32

Question
Dave was a serial killer and was in prison for murder. One day he was watching TV in the day room with a "real crime" show featured his record, reporting he had killed 11 men, women and children. Dave was incensed and calls the prison lawyer in. "I want to sue for libel," I killed nine men and two children, but I didn't kill any women. That's a false statement of fact." As it happened, Dave was telling the truth. Will he win damages?
Answer
  • Not likely. His reputation has no value, or very little value.
  • Not likely. There are laws against profiting from crime.
  • Yes. Another case where carelessness leads to litigation.
  • Yes, unless there is a speedy retraction and apology.

Question 33

Question
Sales of tickets to Laura's concerts dropped like a rock after a well-known musician tweeted, "Let me warn you. I paid good money to attend a Laura concert and it was terrible." Laura is now in deep debt due to the injury to her reputation because she was depending on the concert revenue to pay her bills. She wants to sue the tweeter. What do you tell her?
Answer
  • Tweeting is not considered publishing.
  • Laura will have to prove the loss of revenue as part of her case.
  • The person who wrote this is immune from suit under the Communications Decency Act.
  • "Terrible" is a value judgment. Libel cannot be based on opinion, even if it damages reputation.

Question 34

Question
What is the effect of properly publishing a retraction in Mississippi?
Answer
  • Total damages will be set at $1
  • Punitive damages may NOT be collected.
  • The statute of limitations start date will be the date of the retraction, not the date of the original publication.
  • No damages may be collected if a full retraction is made within 24 hours

Question 35

Question
Why is determining whether a plaintiff is a public figure so important in a libel case?
Answer
  • Because public figures have to show the defendant knew a published statement was false or acted with reckless disregard to truth or falsity.
  • Because public figures have to show actual malice.
  • Because the Supreme Court says that by virtue of their positions in society or choice, they are open to more criticism, including some that may be factually inaccurate.
  • All of the above.

Question 36

Question
A newspaper story quotes an unhappy car shopper as saying, "There are 750 car salesmen in Memphis and every one of them is dishonest." Buzzy McBuzz is a car salesman and wants to sue the newspaper for libel. Because you have taken media law, you tell him:
Answer
  • You have no case because you were not identified.
  • You have no case against the newspaper, but you can sue the person who made the statement.
  • You have a solid libel case unless the newspaper can prove you are dishonest.
  • You have a solid libel case, but you will have to prove you are honest.

Question 37

Question
An English professor returned Matt's essay. On it was written, "You are the most weak-minded individual I have ever encountered. My dog writes better than this." Matt felt the evaluation was completely unfair and sued the professor for libel. What rule(s) apply?
Answer
  • Nothing was published.
  • Nothing was published and the court will not attach literal meanings to figurative statements.
  • The classroom/instructional exemption.
  • The 10th Amendment.

Question 38

Question
Is it possible in injure a person's reputation without committing libel?
Answer
  • No. The reputation of a person or any enterprise has great value. The law provides a means to recover from any publication that harms another's reputation.
  • No. The internet has strengthened libel law due to the importance of e-commerce.
  • Yes. A statement of opinion may, in fact, harm another's reputation without giving rise to a legal basis to sue for damages.
  • Yes. The Electronic Communications Privacy Act makes some categories of communication no longer actionable.

Question 39

Question
Which of the following is a factor in determining whether a defendant was legally negligent?
Answer
  • Accusing several people of conspiracy.
  • Ignoring an obvious source for the correct information.
  • Failure to attribute to a known source.
  • All of the above.

Question 40

Question
The Daily Planet, a Mississippi online news site, made the mistake of hiring an immature person and giving that person authority to post directly to The Daily Planet website. One day, when she was bored, she typed a fictional story about a girl she disliked who was a kindergarten teacher. It had the headline, "Kindergarten teacher arrested for drugging children." In the body of the story, she typed the name of her non-friend and even had fake quotes from the police chief including, "We understand she didn't like children and she made those who refused to take naps breathe nitrous oxide she had stolen from her boyfriend, a dentist." Not a word of it was true, but by accident or on purpose it appeared as a real news story on The Daily Planet website. Of course, as soon as a responsible editor saw it the story was removed and the employee who wrote it was fired. In place of the story, the website read, "A fabricated story previously appeared in this space making false allegations about a local educator. The story has been removed and our employee has been terminated." It was too late, though, as several parents had already gone to the school to pick up their kindergarteners because they believed the story was true. If the kindergarten teacher sues The Daily Planet, what does media law say will happen?
Answer
  • The kindergarten teacher will be able to receive actual damages, based on injury to her reputation, and the website will likely face punitive damages for allowing an irresponsible person to post without supervision.
  • The kindergarten teacher will be able to recover actual damages, but not punitive damages.
  • There can be no lawsuit if the post was removed within 24 hours.
  • The kindergarten teacher will receive actual damages only and will be required to prove actual malice because she became a "celebrity" by being in the news

Question 41

Question
Jane called Sue into her office with bad news. They had hoped Best Bird Feed would accept their proposal for an advertising campaign, but instead Best Bird Feed chose to hire Bob based on his proposal. Later, after Sue saw the Best Bird Feed advertisements, she noted how similar they were to the campaign she had pitched. She called Bob and said, "You are the worst kind of scum. Somehow you got my ideas and claimed them as your own. This violates every precept of decency and I will do everything I can to destroy you and make sure you never steal my ideas again." Bob is shaken by the call and consults you, a friend who has taken Media Law. He wants to sue for libel. What do you tell him?
Answer
  • Well, sorry. You see nothing was published.
  • Well, sorry. Everybody knows advertising professionals often come up with similar ideas.
  • Yes, you should sue Sue. A false statement of fact like that certainly injures your reputation.
  • Yes, you should sue Sue. In the marketing business your reputation is all you have. You've got to stop her from ruining yours, and a libel suit will do that.

Question 42

Question
Betsy, a church secretary, is intent on getting the City of Westview, where she lives, to build more bike lanes. She has written many letters to the local paper, been a guest on local radio talk shows, appeared numerous times before the city council, and even paid for a billboard urging her cause. One day a local radio station talk show host says that two years ago Betsy was convicted of speeding after her car struck a bicyclist who was riding in a bike lane. Joan says the story is false and sues the radio station for libel. What level of fault will Joan have to prove, and why?
Answer
  • Actual malice, because plaintiffs suing the media for libel are required to meet the higher burden.
  • Actual malice, because Betsy chose to become a public figure as she voluntarily thrust herself into a public matter.
  • Negligence, because Betsy is a private individual.
  • Negligence, because the libelous statement does not directly relate to the public controversy.

Question 43

Question
Due to a mixup, Applegate Butterfarms issued a press release saying that CEO Buster Brown had been replaced by the board of directors due to a series of bad acquisitions that had damaged the company's stock price. The financial press immediately picked up the press release and it was relayed to thousands of investors and investment houses. The stock price dropped even more. The press release should have said CFO Angelina Shutterbug had been replaced by CSO Buster Brown because she had given poor investment advice to the company. It's a mess. Brown wants to sue every media outlet that falsely reported he had been replaced. What's their best defense for publishing a false statement of fact that injured Brown's reputation and that of his company?
Answer
  • Statute of limitations.
  • Fair report.
  • Satire.
  • Fair comment.

Question 44

Question
Tommy did a Google search and discovered that one of the applicants for school superintendent had been convicted and served two years for embezzlement in another state in 1981. Tommy published this damaging fact and the candidate, who did not get the job, sued Tommy for libel. He claimed that because his crime occurred 37 years ago it was nobody's business. What rule applies?
Answer
  • Statute of limitations.
  • Wire service rule.
  • Once a public record, always a public record.
  • Neutral reportage.

Question 45

Question
"Tort" stems from the Greek word for:
Answer
  • Wrong.
  • Justice.
  • Damages.
  • Libel.

Question 46

Question
A blog post doesn't use her name, but says the principal of Brewer Junior High is a vegetarian. She feels very hurt by this statement because (1) she comes from a family of beef producers and (2) she eats meat every day and has never been a vegetarian. Which of the following best summarizes how the law of libel applies?
Answer
  • Assuming people believed the blog post, it appears all the elements of libel have been met. This illustrates why people should be more careful with what they publish.
  • Libel cases cannot be based on digital content.
  • The principal was identified, even if her name was not used, but there is nothing defamatory about being a vegetarian. There's no libel if there's no injury to reputation.
  • The principal's name was not used, so the element of "identification" was not met.

Question 47

Question
Members of the SOS Fraternity staged a comedy show to raise money for charity. In one of the skits, one actor walks past the back door of a neighboring frat house and spots a second actor (dressed as the beloved house mother of the neighboring house) smoking crack cocaine. "Her" plea is, "Don't turn me in. Staying high is the only way I can tolerate these nerds." Everybody laughs. The next day, when the real house mother sees a video of the skit she is horrified. She's not interested in money, but she wants to teach the members a lesson that accusing a person of illegal drug use is a bad thing to do. Does she have a libel case?
Answer
  • No. This fails on the element of belief. No reasonable person in the audience would really believe the skit was a factual accusation that the house mother smoked crack.
  • Yes, all of the elements of libel are there.
  • No. This fails on the element of identity. If all the actor did was dress like the neighboring house mother and did not use her name, then, in legal terms, she was not identified.
  • No. This fails on the element of "blameworthy." College students are notoriously irresponsible and people jut have to accept that.

Question 48

Question
he day after high school graduation, Bob Jones shipped off with the Navy for Basic Training. Time passed and Bob started hearing about a five-year high school reunion. He looked forward to meeting with his former classmates from the small school and telling them about all the places he'd been with the Navy during his three-year enlistment — but no invitation ever came. When Bob messaged classmates for details, they didn't respond. Finally, he got one response and it was, "Bob, we just don't want your kind around." He was curious, so he looked up the graduation edition of his hometown paper, published the day after he had left town. In addition to the story about graduation and photos of all the graduates, there was a story about a person named Bob Jones who had been charged with rape of a child. To his shock, the newspaper had made a big mistake. Bob's picture appeared with the rape story and some sketchy person appeared above his name on the graduation page. Clearly his reputation had been destroyed. As Bob considers suing or libel, what's the most important factor?
Answer
  • Burden of proof.
  • Statute of limitations.
  • Innocent Mistake Rule.
  • Actual malice.

Question 49

Question
Hugh had a checking account at First Union Bank. Every month he had to call them because his checking account balance was always wrong. Sometimes it was his error. Sometimes it was a bank error. One day, he posted on his web page, "Well, I finally had enough sense to move my checking account from First Union Bank. It is a lousy bank. Every month they make mistakes in thousands of customer accounts. It's only a matter of time before federal regulators shut that place down." First Union's marketing department had an alert set so that any time the bank's name appeared on the internet, the bank got an email and a link. The marketing department saw what Hugh had posted and told the president, who wants to sue Hugh for libel. Which of the following is true?
Answer
  • Hugh will win unless the bank can show a loss of business/customers based on the post.
  • The bank will win because while the statement contains opinion, it alleges a specific fact.
  • The bank will win unless Hugh can prove there are monthly mistakes in thousands of First Union Bank accounts.
  • Hugh will win because what he posted was opinion.

Question 50

Question
The editor of The Daily Mississippian answered her phone and the caller says, "Hello. This is Mary Stuart. In this morning's edition, there's a story that says, 'Mary Stuart, a student at Ole Miss, was charged with DUI after a wreck on Old Taylor Road.' My name is Mary Stuart and I am a student at Ole Miss. I have not been in a wreck and have not been arrested. My friends are calling me and texting me and my parents are having a fit. Fix this or I will sue you for libel." Upon investigation, the editor learns the published story was 100 percent factual, but that there are two Ole Miss students named Mary Stuart. The question is whether the Mary Stuart who called has a valid libel case. Does she?
Answer
  • No.
  • Maybe, especially if the innocent Mary Stuart can prove her reputation was injured.
  • Yes.
  • Maybe. The case hinges on the element of whether the newspaper was a publisher or a vendor.

Question 51

Question
Eli Manning, a famous football player, was shopping for a new car in Oxford and a Daily Mississippian photographer took his photo while he was looking at the window sticker of a Jeep. The newspaper used the photo with the caption, "Eli Manning was in Oxford and was spotted shopping for a new ride." After the photo appears, Manning's fans flock to the Jeep store and buy every vehicle, wanting to be more like their sports idol. The dealership had never had such sales volume in one day - ever. Manning's agent sees the photo and hears about what happened and wants to sue for appropriation of his famous client's name or likeness. Does he have a case? Why?
Answer
  • It depends on whether those who bought a Jeep that day will admit they were influenced by the photo.
  • No. News exception.
  • Yes. Implied endorsement.
  • It depends on how many viewers saw the photo.

Question 52

Question
Everybody at the pool agreed that Bob, a lifeguard at the Hilton Beach Hotel, had the kind of body a lifeguard should have. People were always taking his photo while he sat in the lifeguard stand. Outside a restaurant one night, he picked up one of those free "local attractions" magazines. As he flipped through, he saw a photo of himself sitting in the stand, looking really professional, to illustrate a story about the most effective remedies for sunburn. Based on the fact that he was once required to take a Media Law class, he thinks using his photo without his permission was a violation of his privacy. Is he right?
Answer
  • No. The news exception applies.
  • Yes . All the elements are there.
  • No. He saw people taking photos and didn't object
  • Yes, if he had not signed a model release.

Question 53

Question
Which of the following is most likely a lawful order when police and first responders are present?
Answer
  • Get out of the way.
  • Do not publish any still or video images from this event.
  • Stop taking pictures.
  • Give me your camera.

Question 54

Question
As a default position (nothing otherwise indicated), FERPA and HIPAA allow the release of:
Answer
  • Directory information.
  • Krackens.
  • Name and address only.
  • No information.

Question 55

Question
What's the central difference between public disclosure of private facts and libel?
Answer
  • Libel can be cured with a retraction, but there's no way to reverse a public disclosure of private facts.
  • In public disclosure of private facts, the disclosure is true while libel is based on false statements of fact.
  • Libel is subjective while public disclosure is objective.
  • There are times when neither requires proof of actual damages.

Question 56

Question
All the construction workers on Fred's crew wore white helmets except Fred. His was blue. One day as he was carrying more supplies into the construction area, he noticed a drone flying overhead. He didn't think anything about it. A few weeks later, he started getting texts from friends saying, "Hey, you're in the new ABC Construction Company TV advertisement!" Fred made a point of watching the ad and, sure enough his blue helmet was clearly visible in the drone video used in the ad. Fred was a private person and was somewhat annoyed by the attention. He talks to you about an appropriation lawsuit. Based on the rules you have learned, what would be the correct thing to tell him?
Answer
  • This was incidental use, likely too slight to fit the definition of appropriation.
  • By going to work, you give implied permission to be in your employer's advertisements.
  • Your friends recognized you, so you have a good case.
  • You have no damages because you are not famous.

Question 57

Question
What is the value proposition that describes the relationship between social media platforms and their members?
Answer
  • Protection against identity theft in exchange for discounts or other premiums.
  • Marketing information in exchange for news and/or entertainment.
  • Accurate news in exchange for loyalty.
  • The Two C's: Connectivity in exchange for Commitment.

Question 58

Question
Frank and Ernest owned competing Honda dealerships in New Orleans. Frank suspected that some of his customers would get a written price quote on a new car from him, then take it to his competitor who would offer the same vehicle for $100 less. This, Frank knew, was a violation of the contract Honda had with its dealerships. They were supposed to be mutually supportive and not undercut each other. To prove his belief, Frank got one of his cousins to take a fake price quote to Ernest to see what Ernest would do. As expected, Ernest offered the cousin the same vehicle for $100 less. After Frank confronted Ernest with the evidence, Ernest sued Frank for violation of his dealership's privacy. Does he have a valid case?
Answer
  • Yes. Public Disclosure of Private Facts.
  • Yes. Intrusion Upon Seclusion.
  • No. Businesses can't make privacy claims.
  • No. The Constitution encourages competition as healthy economy.

Question 59

Question
Betsy was an IMC major who, during the summer, delivered cakes for her family's bakery. One day, she took a birthday cake to a party for a seven-year-old. The children were so cute when they saw the special cake; they were all smiling and happy. Betsy captured this on her smart phone, but was smart enough to know that before she posted it on the bakery's social media page she needed:
Answer
  • Permission of a parent or guardian of each child.
  • Permission of the parents hosting the party.
  • To make sure there was nothing embarrassing in the video.
  • Permission of every child in the video.

Question 60

Question
Lucinda proudly walked off the Grove Stage with her IMC degree and into an $80,000 job as a marketing researcher for Delicious Candies. On her first day, her boss said, "In order to meet production deadlines, we need to know what types of candy we can make to increase our Christmas sales. Your assignment is to find out what kids like." Lucinda made an A in Media Law, so she knows:
Answer
  • Lucinda knows she will have to be creative because preteens are notorious liars.
  • Lucinda knows she will have to be creative because a federal statute prohibits harvesting marketing information directly from preteens.
  • Lucinda knows she will have to be creative because a state law prohibits harvesting marketing information directly from preteens.
  • Lucinda knows she will have to be creative because common law prohibits harvesting marketing information directly from preteens.

Question 61

Question
Which of the following technologies creates the risk that consumers will believe their privacy is being compromised?
Answer
  • Cell phones can track everywhere a person goes.
  • Drones can be equipped with explosives.
  • The aisles of grocery and other stores have video monitoring.
  • Satellites can take photos from outer space.

Question 62

Question
The hotel in which Sam was staying had a workout room for guests. Adjacent to the room was a locker area where guests could change clothes, shower and store valuables. While putting on his socks, Sam glanced as the ceiling and saw a video camera. When he got dressed, he went to ask the hotel manager about the camera. The manager said, "Yes, we had been having a problem with guests stealing from the lockers, so we put the camera up to record 24 hours/day. But don't worry, we only look at the recordings if there's a reported theft and we don't show them to anyone." Sam wants to sue the hotel for invasion of his privacy. What does the law say?
Answer
  • He will win under the Right of Publicity elements.
  • He will win if he had a reasonable expectation of privacy.
  • He will lose unless the video of him dressing is shown to others.
  • He will lose because nothing was published.

Question 63

Question
Which of the following is an accurate statement about Americans' attitude about privac
Answer
  • Americans care more about government intrusion than about information harvested through shopping cards and such.
  • Americans' attitudes have shifted, sometimes showing great concern about personal privacy and sometimes showing less concern.
  • When it comes to privacy as against government, the current question is, "Is any public purpose served by an intrusion?"
  • All of the above.

Question 64

Question
Mary Ann, a top high school athlete, was offered a full scholarship to play soccer for Hardemince University. Upon hearing the news, she tweeted, "Their team stinks and their coach is a real nitwit, so I think I can make a valuable contribution." About two hours later, the Athletic Department phoned and informed Mary Ann that, based on the Tweet, the scholarship offer was canceled. Mary Ann thinks her privacy was invaded. Was it? What rule applies?
Answer
  • No. When a person voluntarily places information in a public space, the person has no claim that the information is private.
  • Yes. The university had no right to read this communication between Mary Ann and her friends
  • No. This is part of the terms of agreement of Twitter. Too bad she didn't read the information provided to all users.
  • Yes. Her statements were purely opinion.

Question 65

Question
Jeff was on the marketing staff for CNN. He used the news network's analytics to determine which images were most popular with viewers. He selected one of them, heartwarming video of a child rushing to greet her parent returning from a combat zone, and used it in a 10-second promo encouraging people to watch CNN. The soldier in the video was a bit embarrassed when the clip first aired, thinking his privacy had been invaded. An attorney, however, said CNN could legally use the video as news, even though it was a private family moment. After seeing the promo, the soldier returned to the attorney and said, "Well, I understand about the news aspect, but I didn't agree to appear in their commercial." What happens next?
Answer
  • The attorney drafts a cease and desist letter to CNN.
  • The attorney files an appropriation suit against CNN.
  • The attorney explains the Booth Rule.
  • The attorney files a public disclosure of private facts suit against CNN.

Question 66

Question
Jane emailed her tight circle of friends and said, "I'm very embarrassed about this, but I want you to know our family has had some setbacks and we may have to file for bankruptcy." The next Sunday, she was in church when the minister was offering prayers for the people and said, "... and we need to remember Jane and her family who are having financial difficulties." Jane is horrified. She wants to sue for public disclosure of private facts. What does the law say?
Answer
  • Once she disclosed the information to others, she can no longer legally claim the information is private.
  • She will need to determine which of her friends told others (including the minister) and sue that person.
  • First, she needs to know how the minister found out.
  • None of the above.

Question 67

Question
The Electronic Communications Privacy Act treats cell phones the same as:
Answer
  • Radio broadcasts.
  • Wired phones.
  • Telegraphs.
  • Any other broadcast.

Question 68

Question
As regards reporting the identity of victims of sex-related offenses, the most common media practice today is:
Answer
  • Identify all, except juveniles.
  • Adhere to the preference of the victim.
  • Consult with the judge and prosecutor.
  • Obey so-called rape shield laws

Question 69

Question
Which of the following best describes the general public's use of stealth in making audio or video recordings?
Answer
  • They don't mind amateurs doing this, but think the media should have higher standards
  • They don't like it.
  • They are accustomed to it because cameras are everywhere these days.
  • They are OK with it if there are positive results for society.

Question 70

Question
Julie was the crime reporter for the Tuscaloosa Times. As part of her duties, she was instructed to check the county's digital archives for previous arrests every time authorities made a newsworthy new arrest. One day, prosecutors announced indictments of three people for embezzling funds from the restaurant where they worked. She checked the archives for all three names and confirmed that one of them, Bruce Farmington, had previously been charged with arson. Her story including, "For one of those accused, Bruce Farmington, the charge was a second felony. Records show he was arrested for arson in 2012." As it happened, Farmington was completely cleared in the arson case, but that fact did not appear in the digital archive. What tort has the Times committed?
Answer
  • Public disclosure of private facts.
  • False light.
  • Appropriation.
  • Intrusion.

Question 71

Question
Everybody at the pool agreed that Bob, a lifeguard at the Hilton Beach Hotel, had the kind of body a lifeguard should have. People were always taking his photo while he sat in the lifeguard stand. Outside a restaurant one night, he picked up one of those free "local attractions" magazines. As he flipped through, he saw a clear photo of himself sitting in the stand, looking really professional, in an advertisement for Hilton Hotel. Based on the fact that he was once required to take a Media Law class, he thinks using his photo without his permission was a violation of his privacy. Is he right?
Answer
  • Yes, except that he will have to prove the photo actually resulted in more business for the Hilton.
  • It depends on whether anyone recognizes him.
  • No. He was in a public place.
  • Yes. All of the elements are there.

Question 72

Question
Ed lived in Manhattan and liked to read outdoors. Central Park was his favorite place, but he found that whenever he sat on a bench, people would come up and interrupt him. Because of this, he often left the pathways and found isolated places to sit. One pretty spring day, he was reading when he heard a buzzing sound. He looked up and saw a drone flying over. He didn't think any more about it until he saw the aerial video of the park being shown on a giant screen in Times Square, including a zoomed-in shot of his face. He wants to sue based on intrusion. What does the law say?
Answer
  • It will depend on whether the video was interspersed with sponsored messages.
  • It will depend on whether he, personally, felt his space was invaded.
  • It will depend on whether his expectation of privacy was objectively reasonable.
  • It will depend on whether the drone pilot was appropriately licensed.

Question 73

Question
The only absolute defense to a privacy claim is:
Answer
  • Immunity.
  • Error.
  • Consent.
  • Accident.

Question 74

Question
To boost sales in her purse store, Billy Jean bought a life-size poster of pop star Michael Jackson, cut it out an glued it to a piece of plywood, also cut to the outline of the deceased singer's body. As it happened one of Jackson's arms was outstretched so that Billy Jean could hang purses from it. When she learned about this, an attorney for Michael Jackson's estate sued Billy Jean for appropriation. Billy Jean filed an answer to the lawsuit, saying the idea didn't work. No purses were sold from the Michael Jackson display. What does the law say?
Answer
  • Billy Jean wins. She would have lost if Michael Jackson had not died, though.
  • The Jackson estate wins. It doesn't matter whether sales increased. What matters is this was Billy Jean's intent.
  • Billy Jean wins. On the facts, it's just a photo of Jackson. He doesn't specifically endorse the purses.
  • The Jackson estate loses absent proof the appropriation increased sales.

Question 75

Question
To whom do the provisions of HIPAA apply?
Answer
  • People who are differently-abled.
  • The media.
  • Everyone with knowledge of someone else's medical information.
  • Health-care providers.

Question 76

Question
At the beginning of class, Professor Plum told the students on the first row to go to the back row. She then called out 10 students by name and told them to come to the front row. "You 10 failed my last test, so I want you to sit on the front row so (1) I can see whether you are paying attention and (2) you can ask questions as needed. Do the 10 students have any chance to recover money damages for invasion of their academic privacy?
Answer
  • No. Violations such as the one described can result in institutional penalties only.
  • No. There are no money damages for mere embarrassment if the underlying facts are truthful.
  • Yes. This is a violation of their academic privacy rights.
  • Yes. The professor has done something bad by shaming students and should be held to account for it.

Question 77

Question
Wally, who played baseball at Tri-City High School, told his father that after every loss Coach Burson routinely slapped players in the team room while he cursed them for making errors during the game. Wally's father thought this was not good, so he discretely set up a web cam in the team meeting room and watched. Sure enough, Coach Burson went into a rage after a loss and Wally's father recorded him striking players and cursing them. Wally's dad downloaded the video and sent it anonymously to the local TV station where you are the news manager. On these facts, what does the law say?
Answer
  • Making the video was illegal and showing the video would be, too.
  • While making the video was illegal, the news station may use it under the Innocent Use Rule.
  • Wally's father had a legal responsibility to corroborate his son's story and to report it to the media.
  • Making the video was legal, but it would be illegal to show it.

Question 78

Question
The Town of Tutwiler written policy on disclosing public records says, in part, "Citizens requesting public documents must provide acceptable identification and state the purpose for which the records will be used." What all, if anything, is wrong with this?
Answer
  • The law does not require requesters to be citizens.
  • The law does not require requesters to present identification or state a purpose for use of records
  • The law does not require requesters to state a purpose or reason for use of records.
  • The law does not require requesters to be citizens, to provide identification or identify a reason or purpose for the request.

Question 79

Question
Jason, a reporter for the Miami Herald newspaper, answered his phone one day. The caller said he was a pharmacy technician for a major national pharmacy retailer. He said he would provide Jason absolute, indisputable proof that his employer had a policy of knowingly filling fake opioid prescriptions because the profit margin was so high. "I can send you the emails about this from corporate, the sales volume data sheets, faked prescriptions and customer receipts ... anything you need, but I need an absolute guarantee that my identity will never be disclosed." What should Jason do?
Answer
  • Hang up the phone and call the Drug Enforcement Agency to report the call.
  • Ask the caller why he is willing to provide this information to the media.
  • Agree immediately. Opioids are killing people.
  • Ask for time to talk this over with others before making any promises.

Question 80

Question
As the beginning of the trial for a person accused of heading a major drug-trafficking ring, the judge said, "This trial will be closed to the public because several of the witnesses are confidential informants who have been promised their identifies will not be revealed. All spectators please leave the room." Pearl, a reporter for The Daily Planet, raised her hand to ask a question. What do you know about this?
Answer
  • Pearl has messed up. No one is allowed to speak in a courtroom except the judge and the attorneys.
  • Pearl may ask the judge to consider whether closing the trial is the least restrictive measure he can take to assure justice, which is what the law requires.
  • Pearl may ask to approach the bench to show her media credentials which will allow her to stay in the courtroom even though the general public must leave.
  • Pearl may inform the judge she has the right to stay if she promises to use fake names when she reports on the testimony of the informants.

Question 81

Question
What's a shortcut question that works most of the time to determine whether access to a record or a meeting has properly been denied?
Answer
  • Does closure increase the risk that an injustice will be done (or continue)?
  • Does closure create an unfair situation?
  • Does closure mostly benefit the public or mostly benefit the agency or officials in charge?
  • Does closure mean the First Amendment is being violated?

Question 82

Question
Which of the following are tools used in courts to try to assure an impartial jury?
Answer
  • Stealth technology.
  • Continuance.
  • Tax information.
  • All of the above.

Question 83

Question
The "optics" sometimes indicate media representatives have special legal access rights to news events. Is this correct?
Answer
  • Yes. Media representatives have a right to be present whenever a newsworthy event is taking place and must be provided free admission if it is a ticketed event such as a concert or sports contest.
  • No. Media representatives have the same legal right of access to places, meetings and records as any other person.
  • Not generally. But if a courtroom is closed to the public, it must remain open to the media.
  • Yes. The Constitution guarantees press freedom, and that provides media representatives rights of access to which others are not legally entitled.

Question 84

Question
In this course, what does the term "fishing expedition" describe?
Answer
  • Promising to keep the identity of a source confidential.
  • Asking questions when the answer is readily apparent.
  • Asking several sources for the same information in hopes one will provide it.
  • Seeking journalists' notes, records, photos, video to see if they contain information that might be useful in court.

Question 85

Question
Angela really wanted to hear the town council's deliberation over the finalists for police chief, but sadly for her the council appropriately moved to have the discussion in a closed session. Covertly, Angela left her smart phone in her purse in the room with the "record" function enabled. Legally speaking, is there a problem with what she did?
Answer
  • No, it was a public meeting so recording it was legal even if she was not in the room.
  • No, the public is entitled to know the reasons behind each council member's vote.
  • Yes, this is trespassing.
  • Yes, this is wiretapping.

Question 86

Question
In an all-party state,
Answer
  • A recording is legal as long as a majority agrees to the recording.
  • Any recording must be authorized by a warrant.
  • A recording is illegal unless all persons being recorded are made aware that recording is taking place.
  • A recording is legal as long as one person present knows an event is being recorded.

Question 87

Question
Teachers in the Tupelo school district are especially interested in the state court trial of one of their colleagues, accused of wrongful discipline of a student. The teachers' union rep wants to make the trial available by livestream. What does Mississippi law say about this?
Answer
  • It should not not be a problem, provided permission is sought and the rep agrees to follow the court's rules.
  • Permission will not be granted. The use of any type of recording device is banned in all American courts, state and federal.
  • No. problem. Permission is not needed. Courtrooms are First Amendment forums.
  • Permission will not be granted. Cameras may be used in federal courts, including federal courts in Mississippi, but not state courts.

Question 88

Question
John was curious about how much his city paid in medical bills for people being held in jail. He filled out the proper forms to request this information. The response was that providing copies of medical charges incurred by inmates would be a violation of the inmates' HIPAA rights, so his request was denied. What does the law say?
Answer
  • John's request was properly refused.
  • John should have made the request to medical providers, not the city office that paid the bills.
  • John may be able to obtain the information, but he will need to obtain HIPAA releases from every prisoner who received medical treatment, the mayor and the chief of police.
  • John should have been provided the records with names or other identifying information redacted.

Question 89

Question
Cynthia phoned the Town Humane Society, a public agency, and asked whether any kittens were available for adoption. The director of the center, who answered the phone, refused to answer Cynthia's question. Anything wrong with this?
Answer
  • Yes. There is no obvious reason not to answer this simple question. Besides, the director is a public employee.
  • Not legally. No one has to talk to anyone else.
  • No. Public officials are only allowed to give out information in person.
  • Yes, if the director is the custodian of records, he or she must answer a question from the public.

Question 90

Question
Marie worked for NBC News and was assigned to fly from Denver to Los Angeles to cover an epidemic of wildfires. During the flight, a passenger asked for a beer and flew into a rage when the flight attendant told her there was no beer on the plane. The passenger just lost it, screaming and cursing and opening the overhead compartments, throwing people's luggage into the aisle. After an emergency landing in Phoenix, transit police detained all the other passengers and asked to record, one at a time, statements about what they saw or heard during the disturbance. Because she is a journalist, what are Marie's rights?
Answer
  • She has the right to a Branzburg hearing.
  • She is exempt from giving a statement under the federal shield law.
  • The same as any other passenger.
  • She gets to go first so she can get on the next plane to Los Angeles.

Question 91

Question
Which of the following is a "record" under the definition in the Mississippi Open Records Act?
Answer
  • Paper documents created in the course of conducting public business.
  • Digital messages concerning public business.
  • Video and/or audio records created in conducting public business.
  • All of the above.

Question 92

Question
Jason, a reporter for the Miami Herald newspaper, answered his phone one day. The caller said he was a pharmacy technician for a major national pharmacy retailer. He said he would provide Jason absolute, indisputable proof that his employer had a policy of knowingly filling fake opioid prescriptions because the profit margin was so high. "I can send you the emails about this from corporate, the sales volume data sheets, faked prescriptions and customer receipts ... anything you need, but I need an absolute guarantee that my identity will never be disclosed." What should Jason do?
Answer
  • Call the Herald's attorneys for advice.
  • Ask for time to talk this over with others before making any promises.
  • Hang up the phone and call the Drug Enforcement Agency to report the call.
  • Agree immediately. Opioids are killing people.

Question 93

Question
A month before a major crime trial, the judge scheduled to preside sent an official order to all print and broadcast media. It read, in part, "The defendants in this case have an absolute right to an impartial jury. Therefore, I am ordering you not to write or broadcast another word about this case until the trial begins." What does the law say about this?
Answer
  • The judge's order is appropriate. The obligation to provide a public trial by an impartial jury are guaranteed by the Sixth Amendment.
  • The order is applicable to broadcasters (PICON standards), but not print media.
  • The order appears to be an unconstitutional prior restraint.
  • The order is appropriate for print media, but not broadcast.

Question 94

Question
At the beginning of class, Professor Plum told the students on the first row to go to the back row. She then called out 10 students by name and told them to come to the front row. "You 10 failed my last test, so I want you to sit on the front row so (1) I can see whether you are paying attention and (2) you can ask questions as needed," she said. Has Professor Plum done anything illegal?
Answer
  • No, She's just trying to be helpful.
  • Yes, this is a FERPA violation.
  • It would depend on whether the age of the students and whether they signed opt-out provisions.
  • Yes, this is a HIPAA violation.

Question 95

Question
Julie, a reporter for an established news organization, followed the school district's published policy to ask for copies of "all documents, including reimbursement authorizations, for travel during 2017 by the superintendent of education." The custodian of school records responded, "Sure. There are 278 pages and our charge is $25 per page for copying. We will give you the documents when you give us $1,112.00." Anything wrong with this?
Answer
  • The law says actual costs may be charged, but not collected in advance of compliance.
  • The law says actual costs may be collected from the public, but exempts the media. Julie would not have to pay anything.
  • The law exempts travel expenses from disclosure as a personnel matter.
  • The law says actual costs may be due in advance. $25/page sounds unreasonable.

Question 96

Question
The Biloxi, MS, town council wants to have a closed discussion of how much the city can afford to place in the pension fund for city government retirees. What does the law say about this?
Answer
  • The council may not legally close the session but can tell everyone in the room the discussion is off the record.
  • The meeting can be closed because this is a personnel matter.
  • There is no legal authority to have a closed session on this topic.
  • The public can be excluded from the meeting, but any media representatives must be allowed to stay.

Question 97

Question
The manager spotted Earl taking photos in Walmart for the website, "People of Walmart" and asked Earl to leave. Earl refused to leave. What does the law say about this?
Answer
  • Earl has done nothing wrong. Walmart is a public forum.
  • Earl has done nothing wrong. Walmart is a public place.
  • Earl committed trespass because he entered the store for a reason other than shopping.
  • Earl committed trespass when he refused to leave.

Question 98

Question
Frank was a consultant, hired to find ways for public universities to economize. He wrote to every public university in America and asked two questions: 1. Does your university own or operate an aircraft for faculty or staff travel? 2. If yes, please provide records showing your fuel expense during the last calendar year. Almost all universities responded. Mississippi State University did not. He wrote a follow-up request and included his phone number. The custodian of records called him and said, "You can ask all you want, but we're not providing you that information." What does the law say about this?
Answer
  • The university employee, not the university, will have to pay $1,000 fines for each of the two denials.
  • Denials must be in writing.
  • Jack must immediately file an appeal with the Mississippi Supreme Court.
  • The university will have to pay $1,000 fines for each of the two denials.

Question 99

Question
Bruce was a very private person. One day while eating lunch with friends he felt dizzy and they insisted on taking him to the emergency room of a hospital. The examining physician told Bruce he needed to be admitted for tests. Bruce said, "OK, but I don't want anyone to know I'm here ... no one at all." What does the law say about this?
Answer
  • Under HIPAA, only immediate family may know that Bruce is in the hospital.
  • Under HIPAA, the hospital may not disclose any information to anyone, including that Bruce is a patient.
  • Under HIPAA, the hospital must release directory-type information - such as his admission and status - but may not discuss his diagnosis or treatment.
  • Under HIPAA, the hospital has the discretion (may) release only his admission.

Question 100

Question
Private companies that hauled garbage were supposed to pay a "tip fee" every time they unloaded at a public dump. Bart, a reporter, staked out the gate to the dump one night and took photos showing the license plates of trucks whose drivers were using keys to get past the unattended gate and avoiding the fee for dumping their garbage. He wrote a story about this and included a photo of one truck. The District Attorney saw Bart's story and pledged to prosecute everyone engaged in illegal dumping. He issued a demand to see all of Bart's photos. What does the law say?
Answer
  • Bart must hand over all his photos.
  • Apply the Dendrite test.
  • The District Attorney has no right to the photos.
  • Apply the Branzburg test.

Question 101

Question
Earl's boss at the convenience store believed Earl, night clerk, was scanning one beer instead of a whole six-pack when his friends came shopping and had Earl arrested for stealing. Preparing for his trial, Earl knew that video evidence would conclusively show that every six-pack was properly scanned and there had been no theft. While he no longer desired to be employed at the same store, he did need a job. Earl had heard of the right to a public trial. Because he was confident in his innocence and because he didn't want hurt his chances of getting another job, he decided to waive his right to a public trial and ask that the proceedings be closed to the press and the public. Anything wrong with this?
Answer
  • The judge can exclude the press, but not the public.
  • The right to a public trial belongs to the public. A defendant cannot waive it.
  • The judge can exclude the public, but not the press.
  • Earl is wise to assert this constitutional right. The Sixth Amendment guarantees both a public trial and an impartial jury.

Question 102

Question
Amanda was already an entrepreneur when she was in high school. She had seen how many details had to be taken care of by her older brother as he neared graduation — photos, ring, diploma frame, gown rental and return, invitations and such — so she compiled a booklet that listed all the local sources for everything a graduate needs. To help pay for her college, she was selling copies of her list for $5 to members of the junior class. First day sales were good, but then second day sales were zero. Amanda discovered the principal had copied items from her list and put them on the school website. What does the law say about this?
Answer
  • The principal is guilty of copyright infringement.
  • Lists, as such, can't be protected by copyright regardless of how much effort was put into making them.
  • Amanda's copyright was on the printed version, so her copyright was meaningless once the list was converted into a digital format.
  • The principal is guilty of infringement along with every person who printed out copies.

Question 103

Question
Mary was livid. She obtained an email copy of comments one of her neighbors made at a zoning hearing. She strongly disagreed. She made a copy. After every paragraph of her copy, she inserted - in red - her comments as to why her neighbor was wrong. When she finished, she uploaded the file to the neighborhood group page. As it happened, the neighbor who offended Mary knew some copyright law and claimed infringement of his copyrighted presentation. What does the law say?
Answer
  • Using copyrighted material for the purpose of comment or criticism is, by law, not an infringement.
  • It will depend on the factual accuracy of Mary's statements vs. those of her neighbor.
  • Mary should have had permission. The neighbor has a right to statutory and actual damages, if actual damages can be proved.
  • To award damages to the neighbor would be an infringement of Mary's First Amendment rights.

Question 104

Question
Which of the following may NOT be protected by copyright.
Answer
  • Photographs.
  • Television newscasts.
  • Facts within an original work of authorship.
  • Ingredient lists of recipes.

Question 105

Question
The rights associated with copyright "attach" when:
Answer
  • An original work is created, even if not complete.
  • The creator comes up with an original idea.
  • Registration certificates are received from the U.S. Copyright Office.
  • An original work is created, even if not complete, and the copyright notice is affixed.

Question 106

Question
Which of the following is true about trademarks?
Answer
  • They never expire if used and protected.
  • They can only be used by the trademark owner.
  • They may include words and shapes, not colors.
  • All of the above.

Question 107

Question
Which of the following is a factor in the Miller test?
Answer
  • Whether the work, as a whole, appeals to prurient interests.
  • Whether the work has been measured against the sensibilities of an average person.
  • Whether the work is in violation of applicable state standards/definitions.
  • All of the above.

Question 108

Question
The term 'net neutrality' references:
Answer
  • Government control of content of the internet.
  • Government control of technology associated with the internet.
  • Government control of technology and content of the internet.
  • Government control of the technology and content of the internet and pricing for access to the internet.

Question 109

Question
Marsha, an artist, was walking around during the Double Decker Art Festival when she saw a booth with some unusual works. The artist, Roger, had painted familiar Ole Miss scenes, but made radical color changes. The Lyceum, for instance, was blue and the sky behind it was pink. Marsha thought this was neat. When she returned to her studio, she created a work featuring the Lyceum, too. She made it orange instead of white. She made the sky light brown and added some blue flowers. As it happened, Roger saw Marsha's work and believed his copyright had been violated. Roger knows you were required to take Media Law and asks you about this. What do you say?
Answer
  • As long as you are able to sell your work for the price you set, you have not been harmed. There can be no copyright infringement unless you sustain an accompanying financial loss.
  • She copied your idea and so this is clearly a violation of copyright law.
  • She only copied your idea, which can never be a copyright violation.
  • It's a fact question as to whether her work was derivative or transformative.

Question 110

Question
Which of the following falls outside First Amendment protection?
Answer
  • Obscene content.
  • Adult content, sexually explicit content and indecent content.
  • Gratuitous violence.
  • All of the above.

Question 111

Question
In the United States, the authority for Congress to define patent and trademark laws stems from:
Answer
  • The electromagnetic spectrum.
  • The Bill of Rights.
  • The Constitution.
  • The Statute of Anne.

Question 112

Question
FCC benchmarks for meeting the PICON standards are whether a licensee is:
Answer
  • Offering locally relevant content.
  • Offering diverse programming.
  • In a competitive market.
  • All of the above.

Question 113

Question
Although not specifically mentioned in the law, the most important consideration when a court determines whether using copyrighted material without permission constitutes fair use is:
Answer
  • The impact on the copyrighted work's market value.
  • Whether the copyrighted work was made for hire.
  • The popularity and quality of the original work.
  • What the owner of the copyright intended when creating the work.

Question 114

Question
The power to regulate broadcast content traces to:
Answer
  • The Industrial Revolution.
  • The necessity of spectrum allocation.
  • World War I.
  • The Bill of Rights.

Question 115

Question
In legal analysis, ownership is determined by:
Answer
  • Authorship.
  • Information in public records.
  • Rights and responsibilities associated with property.
  • Possession.

Question 116

Question
One of the strange realities about copyright law is:
Answer
  • The United States is the only country that has ever had copyright laws.
  • Rights only apply to commercially available works.
  • Works by minors can't be copyrighted.
  • Infringement can actually increase market value.

Question 117

Question
The V-chip is an example of:
Answer
  • The role of the FCC.
  • The role of the FAA.
  • Marketplace indifference to consumer preferences.
  • A public-private partnership.

Question 118

Question
What is the basis for the FCC's power to regulate broadcasting?
Answer
  • Broadcasting uses frequencies within the electromagnetic spectrum, a product of nature deemed to be a public asset.
  • The public was shaken by the sinking of the Titanic and felt fewer lives would have been lost if the government created and enforced more safety requirements.
  • It was immediately apparent that broadcasting would have mass audiences, exceeding those of any printed material and that the public's best interest would be served if the power of the medium should be controlled.
  • All of the above.

Question 119

Question
When he was in high school, Marty sold a poem about his hobby, fishing, when the local library offered $20 to buy poems about what students liked to do. He spent the $20 and never though about it again. Twenty-five years later, he was browsing through a fishing magazine and in the editor's column, he read this: "People don't often think of poetry and fishing at the same time, but I have always liked this poem about fishing." To his amazement, Marty's poem followed those words. He looked in one of his old notebooks and, sure enough, it was exactly the same as he had written it all those years ago. He had no idea how the magazine obtained a copy. What does the law say about this?
Answer
  • The library could have filed for copyright protection when the poem was submitted to the contest, but if that was not done there is no copyright on the poem.
  • Strictly speaking, the magazine has violated the library's copyright.
  • Marty had the copyright on the poem for 20 years, even if he didn't know it, but it has expired.
  • Strictly speaking, the magazine has violated Marty's copyright.

Question 120

Question
Brandy had a recipe for cheese straws that she sold under the registered trademark, "Sticks of Deliciousness." Through the years, she was well-satisfied with her sales and profits and didn't really mind that a lot of others were making and selling what they labeled, "Sticks of Deliciousness." In fact, she tasted many of the others and thought they were pretty good. Her logic was that rising sales helped everyone in the cheese straw business. One day, she saw a new package labeled "Sticks of Deliciousness." She purchased the bag and tasted one. It was terrible. Brandy immediately initiated legal action to stop that maker from using her trademark. How will this play out?
Answer
  • It depends on whether the Registered Trademark symbol was used by the new maker. If not, then there has been no infringement on Brandy's trademark, just use of the same words.
  • Brandy will win. All she has to do is show she has the original trademark for "Sticks of Deliciousness."
  • It depends on whether the Registered Trademark symbol was used by Brandy. If not, the name is in the public domain.
  • Because Brandy had not acted to keep others from using her trademark, she has likely lost legal ownership of the name.

Question 121

Question
Which of the following is NOT an FCC power?
Answer
  • Issuing licenses.
  • Imposing fines.
  • Establishing ratings.
  • Assigning frequencies.

Question 122

Question
Sue wrote a poem for her grandmother's 100th birthday. She didn't notice, but at the celebration a cousin made a video recording of her reading the poem. Sue learned it had been recorded when it appeared on her cousin's YouTube channel. She was upset because she thought this was a private, family moment. In fact, she was mad enough to sue her cousin, but knew that would cause family turmoil and, besides, her cousin didn't have any money. She decides to sue YouTube for copyright infringement. What does the law say about this?
Answer
  • Sue can't sue because the poem has no monetary value.
  • Sue can't sue YouTube due to the Digital Millennium Copyright Act.
  • YouTube will owe Sue $600/day in statutory damages until the video is removed.
  • Sue can't sue because YouTube does not charge for personal channels.

Question 123

Question
In newscasts and without permission, a local radio station that has no news staff merely reads stories reported by the local newspaper both in print and on the newspaper's website. If the newspaper sues, what will be the likely basis?
Answer
  • PICON.
  • Hot news doctrine/unfair competition.
  • Violation of the Berne Convention.
  • Trademark infringement.

Question 124

Question
Kim is a freelance journalist who writes a story about river pollution and sells one-time publication rights to the Bridgeport Daily News. Kim’s copyright on the story will last for:
Answer
  • Her lifetime plus 70 years.
  • Unless some other arrangements were made, Kim doesn't have a copyright on her story.
  • 95 years.
  • 28 years followed by an optional renewal period of 14 years.

Question 125

Question
Which of the following is a factor in analyzing a fair use claim?
Answer
  • The amount and substantiality of the alleged infringement on the original copyrighted work
  • Whether the work was translated to a different language.
  • How difficult it would have been to obtain permission.
  • Whether there international borders were crossed.

Question 126

Question
Movie ratings are assigned by:
Answer
  • Movie theater owners.
  • An industry rating board.
  • People attending the premiere.
  • The FCC.
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