quiz
1.
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Question 1
2 Points
Which of the following cannot sue for civil libel?
1. Any living person who has been libeled
2. Any corporation that has been libeled
3. The estate of any dead person who has been libeled
4. Any corporate officer who has been libeled
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2.
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Question 2
2 Points
In evaluating the truth or falsity of an article, a court will consider:
1. The motives of the defendant
2. Material errors of fact
3. Whether there was time to check the story
4. All of these answers
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3.
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Question 3
2 Points
In the 21st century, most states regard libel and slander as:
1. The same tort
2. Criminal actions
3. Federal matters
4. First Amendment violations
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4.
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Question 4
2 Points
A libel-proof person will have difficulty winning a libel suit because:
1. The fault rule applies.
2. There is insufficient identification.
3. The person resides outside the court's jurisdiction.
4. The person’s reputation was seriously damaged even before the publication of the libel.
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5.
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Question 5
2 Points
Anti-Strategic Lawsuit Against Public Participation (SLAPP) laws:
1. Only exist in California and Florida
2. Have been ruled to be unconstitutional
3. Have been adopted in about 30 states
4. Are largely ineffective
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6.
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Question 6
2 Points
A defamatory statement causes:
1. Reputational harm to the plaintiff
2. Emotional distress to the plaintiff
3. The plaintiff to lose self-esteem
4. Financial harm
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7.
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Question 7
2 Points
A publication could be regarded as exhibiting actual malice if it published material:
1. That had been rejected by other publications
2. That had been aggregated from various online blogs
3. That it knew was false
4. None of these answers
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8.
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Question 8
2 Points
If a reporter deliberately alters a direct quote from a news source, they may be guilty of actual malice if:
1. The alteration results in a material change in the meaning of the statement.
2. The altered material turns out to be false.
3. The alteration puts the quoted individual in a bad light.
4. The alteration is the result of a failure to exercise reasonable care.
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9.
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Question 9
2 Points
In determining whether an individual is a limited-purpose public figure for purposes of a libel action, what will a court consider?
1. They will consider whether the individual was involved in a public controversy.
2. They will consider the nature of the defamatory statement and whether it is related to a controversy in which the individual was involved.
3. They will consider if the individual attempted to sway public opinion about a controversy.
4. All of the answers are correct.
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10.
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Question 10
2 Points
In which of the following situations would an individual most likely be deemed to be a public official in a libel suit?
1. A newspaper story reports that a public school teacher said she was born in the United States on her job application; however, she was actually born in France.
2. A story claims that a custodian at a state office building was accused of stealing cleaning supplies.
3. A story alleges that a city councilwoman has taken money from a developer in exchange for her vote to approve a rezoning application.
4. None of these answers are correct.
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11.
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Question 11
2 Points
Which of the following would be considered a public official?
1. A person who is elected to public office, even if the office has little power, would be considered a public official.
2. A person who is appointed or hired for a government job if the job has or appears to have a great deal of power would be considered a public official.
3. A person who is appointed or hired to a government job who has a lot of visibility to the public would be considered a public official.
4. All of the above answers are correct.
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12.
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Question 12
2 Points
Under the statute of limitation for libel rules, the date of publication (i.e., when the time limit begins) for an online publication is:
1. The last time the website containing the defamatory content was viewed
2. The date the defamatory content was published
3. The date the libelous content was created, regardless of when it was published
4. None of these answers
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13.
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Question 13
2 Points
Which of these describes the difference between absolute privilege and qualified privilege?
1. Absolute privilege protects speakers in legislative forums, while qualified privilege protects those who report communications in official government proceedings.
2. Absolute privilege has roots in the U.S. Constitution, while qualified privilege developed through the common law and state statutes.
3. Qualified privilege only applies if a report is fair and accurate, while accuracy and fairness do not apply to absolute privilege.
4. All of the answers are correct.
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14.
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Question 14
2 Points
In defending a lawsuit based on statements of opinion, the defendant may win the case by arguing that the statements are:
1. Rhetorical hyperbole
2. Protected by the First Amendment
3. Fair comment and criticism
4. All of the above answers
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15.
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Question 15
2 Points
Defenses against libel actions, in addition to qualified privilege and the opinion defense, include:
1. Consent and innocent action
2. Right of reply and innocent action
3. Consent
4. Innocent action and mitigating circumstances
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16.
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Question 16
2 Points
Which of the following statements about damages is true?
1. Compensatory damages are designed to compensate the plaintiff for injuries.
2. Punitive damages are designed to punish the defendant.
3. Actual damages are designed to compensate for intangible injuries of reputation.
4. Special damages are specific items of monetary loss, such as lost wages, caused by defamatory statements.
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17.
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Question 17
2 Points
Transformative use in a right of publicity case refers to:
1. A use that transforms the plaintiff's likeness into something the defendant can sell
2. A use that is not a literal depiction of the plaintiff's likeness, but that adds creative elements
3. The judicial transformation of an appropriation claim into a right to publicity claim
4. A use that takes a person who is a celebrity in one field and transforms that celebrity to another field (e.g., making a musician into a TV actor)
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18.
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Question 18
2 Points
In 1890, the Harvard Law Review published 1 of the most important scholarly articles contributing to the legal recognition of a right to privacy in the United States. Who co-authored it?
1. Warren and Brandeis
2. Calvert, Kozlowski, and Silver
3. Holmes and Smithfield
4. Alito and Sotomayor
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19.
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Question 19
2 Points
To sue for publication of private facts, the plaintiff must demonstrate that the revelation of the private facts were:
1. Highly offensive to the plaintiff
2. Highly offensive to a reasonable person
3. Highly offensive to the average person
4. Highly offensive to the judge
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20.
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Question 20
2 Points
When Lindsay Lohan sued Rockstar Video games over a "Grand Theft Auto V" character, she lost the case because the court ruled:
1. The use of her image was not highly offensive.
2. The use of her image was transformative.
3. The character was not based on Lohan's "likeness."
4. Video games were not a commercial use.
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21.
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Question 21
2 Points
Under the appropriation law, a celebrity's likeness includes much more than his or her name or face.
1. True
2. False
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22.
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Question 22
2 Points
A corporation enjoys the same personal right of privacy as a living person.
1. True
2. False
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23.
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Question 23
2 Points
The use of a celebrity’s likeness on a shirt, trading cards, or other such items is always regarded as an appropriation.
1. True
2. False
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24.
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Question 24
2 Points
It is not an invasion of privacy to record a conversation between 2 people if the conversation takes place in a public place where there is not a reasonable expectation of privacy.
1. True
2. False
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25.
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Question 25
2 Points
The First Amendment prohibits appropriation lawsuits for plays, films, books, and TV programs, even if they make money.
1. True
2. False
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