Law & Ethics Final

91 Questions | Total Attempts: 31

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Law & Ethics Final


Questions and Answers
  • 1. 
    The federal government exercises exclusive jurisdiction over 
  • 2. 
    2.Federal and state judicial systems consist of two basic kinds of courts. They are: 
  • 3. 
    The party who initiates a civil lawsuit is called the 
  • 4. 
    Which of the following wrongful acts most likely would be a breach of contract rather than a tort? 
  • 5. 
    The First Amendment was for the first time applied to the states in the landmark 1925 case of 
  • 6. 
    What was the most important case to formalize the doctrine against prior restraint?
  • 7. 
    Prior restraints can arise through
  • 8. 
    .In most cases, content restrictions on protected expression can be upheld only if 
  • 9. 
    What First Amendment standard emerged out of Schenck v. United States
  • 10. 
    In Brandenburg v. Ohio the Supreme Court held that speech remains protected until 
  • 11. 
    What message came out of the Pentagon Papers case? 
  • 12. 
    .In most kinds of personal injury cases, the legal basis for a lawsuit is that the defendant acted with
  • 13. 
    Why are the so-called Pied Piper cases particularly troublesome for mass communicators? 
  • 14. 
    The 1927 case of Whitney v. California is particularly noteworthy for a concurring opinion because: 
  • 15. 
    Libel may be defined as a false statement of fact that is disseminated about a person and tends to 
  • 16. 
    .The U.S. Supreme Court first injected constitutional standards into defamation law in 1964, in the case of 
  • 17. 
    Who can be defamed?
  • 18. 
    How false must a communicator's statement be in order for a libel plaintiff to win a lawsuit? 
  • 19. 
    In Philadelphia Newspapers v. Hepps the Supreme Court held that the libel plaintiff must shoulder the burden of proving defamatory statements false.
  • 20. 
    Which of the following is true about the identification element of a libel case? 
  • 21. 
    .For private-person plaintiffs it is constitutionally permissible to win a libel lawsuit by showing no greater degree of fault than mere negligence. 
  • 22. 
    The key justification for the Supreme Court's "actual malice" requirement in New York Times v. Sullivan may be stated as follows: 
  • 23. 
    The "public record" privilege allows the media to
  • 24. 
    In Milkovich v. Lorain Journal Co., the Supreme Court pulled in the reins on the scope of constitutionally protected opinion. Specifically, what was the rule of law that emerged from Milkovich
  • 25. 
    In New York Times v. Sullivan the plaintiff was required to prove a degree of fault called "actual malice." What is meant by the term actual malice? 
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