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Flashcards in Comm Law Practice Questions Deck (79):
1

The federal and state judicial systems consist of two basic kinds of courts. they are?

a) justice courts and equity courts

b) jury courts and justice courts

c) local courts and supreme courts

d) trial courts and appelate courts

D

2

In Cohen v CA a man had been convicted for displaying a jacket with profane language in a courthouse corridor. Did the Supreme Court uphold the conviction?

a) yes, bc the message amounted to "fighting words"

b) no, because the state failed to demonstrate a compelling reason for the prosecution

c) no, because evidence showed that no one was actually offended by the language

B

3

The Supreme Court ruled that "hate speech" is protected by the First Amend. in the case of:

a) Ward v. Rock

b) R.A.V. v. St. Paul

c) Whitney v. CA

d) Heffron v. KKK

B

4

In the case Texas vs. Johnson, the surpreme court ruled that the first amend. protects:

a) the KKK
b) the Communist Party
c) anti-abortion protestors
d) those who desecrate the American Flag as a political protests
e) civil rights demonstrators

D

5

The first amendment says, "Congress shall make no law...", and it never mentions state or local governments. Why does the first amendment apply to the states today?

a) bc the supreme court simply rewrote it without any specific legal basis for doing so.

b) bc of the "due process" clause of the 14th amendment

c) bc of the fourth amendment's safeguard against unreasonable searches and seizures

B

6

In most cases, content restrictions on protected expression can be upheld only if...

a) the expression is offensive to the average person

b) the restriction is in the form of a statute

c) the restriction furthers a compelling government interest

d) the expression is political in nature

C

7

Which of the following is true about the 1st amendment?


a) Forms of expression that communication ideas are protected

b) both expression and conduct are protected

c) conducted in not protected

d) Both A and C

D

8

The 1st Amendment was for the first time applied to the states in the landmark 1925 case of....


a) Marbury vs. Madison

b) Gitlow vs. NY

c) TX vs. Johnson

d) Chaplinsky vs. NY

B

9

The 1st Amendment was for the first time applied to the states in the landmark 1925 case of....


a) Marbury vs. Madison

b) Gitlow vs. NY

c) TX vs. Johnson

d) Chaplinsky vs. NY

B

10

Which of the following is NOT a common justification for freedom of speech?

Freedom of speech....

a) ...helps deter abuse of power by government

b) ....is essential to the discovery of truth

c) ....helps assure individual responsibility

d)...is an inherent, natural right of human beings

e) All of them are justifications for freedom of speech

C

11

One of the first published argument in favor of freedom of the press was made by the poet John Milton in his book titled?

Areopagitica

12

Promoting ill opinions of government in the seventeenth and eighteenth centuries was often known as?

a) expressive conduct

b) seditious libel

c) criminal profanity

d) none of the above

B

13

When an appellate court remands a case, that means?

a) the verdict if affirmed

b) a lower court is directed to reconsider the case

c) the verdict is affirmed in part and revered in part

B

14

the term "sate decisis" refers to?

a) decisions of the infamous English court of the star chamber

b) extraordinary relief granted by a court of equity

c) ruling of early common law courts that were later reversed

d) the principle that courts normally follow judicial precedents

D

15

the rules and regulations adopted by the federal trade commission are examples of?

a) statutory law

b) common law

c) administrative law

d) none of these

c

16

the common law is derived from?

a) acts of Congress

b) acts of state legislatures

c) court decisions

d) rulings by federal agencies

a

17

the final arbiter on all legal questions involving the US constitution is?

a) congress

b) the US Attorney General

c) the supreme court of the US

d) the various state supreme courts

c

18

the term jurisdiction refers to...


a) the geographical territory within which a government may excercise authority

b) the subject area or type of dispute over which legislatures and court systems have authority

c) both a and b

d) none of the above

c

19

the federal government exercises exclusive jurisdiction over.....

a) advertising regulation

b) privacy laws

c) copyright

C

20

How could a US Supreme Court decision interpreting the meaning of the Constitution be overturned?

a) by the Constitutional amendment

b) by an act of Congress

c) by a later Supreme Court decision

d) all of the above

?

21

How could a US Supreme Court decision interpreting the meaning of the Constitution be overturned?

a) by the Constitutional amendment

b) by an act of Congress

c) by a later Supreme Court decision

d) all of the above

?

22

How could a US Supreme Court decision interpreting the meaning of the Constitution be overturned?

a) by the Constitutional amendment

b) by an act of Congress

c) by a later Supreme Court decision

d) all of the above

?

23

The main trial court in the federal system is called the?


a) US district court

b) Superior court of the US

c) US Court of Appeals

d) Federal Circuit Court

C? this is number 4

24

How could a U.S. Supreme Court decision interpreting the meaning of the Constitution be overturned?

a) by a Constitutional amendment;

b) by an act of Congress;

c) by a later Supreme Court decision;

d) all of the above;

e) both choices A and C

E

25

In legal terminology, a code is:

a) an indexed collection of court decisions;

b) an organized body of statutory law;

c) a list of constitutional amendments;

d) a collection of executive orders;

e) a secret message from one judge to others.

b

26

Products liability, medical malpractice, battery, invasion of privacy, trespass, wrongful death and libel all fall within a field of civil law known as:

a) torts;

b) contracts;

c) stare decisis;

d) negligence;

e) certiorari.

A

27

In a court of equity, an aggrieved party may secure:

a) only monetary compensation for his/her injuries;

b) monetary compensation for injuries plus additional money for “pain and suffering;”

c) non-monetary remedies such as injunctions, restraining orders, and orders of specific performance;

d) none of these

C

28

Decisions of a U.S. District Court are normally appealed to the:

a) Court of Claims;

b) District Court of Appeal;

c) Court of Regulatory Appeals;

d) U.S. Circuit Court of Appeals;

e) U.S. Supreme Court.

D

29

Which of these courts hears appeals of decisions by federal regulatory agencies such as the Federal Communications Commission?

a) Court of Claims;

b) District Court;

c) Court of Regulatory Appeals;

d) Circuit Court of Appeals;

e) Supreme Court.

D

30

Legal precedents are normally established by decisions of all of these except:

a) a state’s highest court;

b) the U.S. Supreme Court;

c) U.S. Circuit Courts of Appeals;

d) jury verdicts in trial courts;

d

31

During most lawsuits, each side is allowed to ask questions of the opposing side before trial. This process is called:

a) discovery;

b) inquiry;

c) inquisition;

d) rejoinder;

e) remittitur.

A

32

When an appellate court distinguishes a previous decision, that means:

a) the court ranks it as very important and agrees with it;

b) the court follows it as a precedent;

c) the court declines to follow it as a precedent, citing differences between its facts and those of the current case;

d) none of these.

C

33

Under the doctrine of judicial review, it is the role of each state court system to

a. administer the applicable precedent accordingly.

b. interpret that state's constitution.

c. determine whether statutes make good public policy.

d. None of the above

B

34

Without the _______, common law would simply be a worthless muddle of disjointed rules.

a. federal judicial system

b. doctrine of precedent

c. U.S. Constitution

d. doctrine of judicial review

B

35

In most jurisdictions, statutes passed by legislative bodies are systematically arranged in bound volumes. These compilations are referred to as

a. statutory law.

b. statutory journals.

c. codes.

d. decisional law.

C

36

When there is no contested issue of fact, a judge may end a case prior to trial by granting a motion for

a. settlement.

b. change of venue.

c. injunction.

d. summary judgment.

D

37

A weaker substitute for a majority opinion is a

a. dissenting opinion.

b. plurality opinion.

c. concurring opinion.

B

38

The First Amendment’s guarantees of free speech and free press were made binding on the states in the case of:

a) Gitlow v. New York;

b) Abrams v. U.S.;

c) Near v. Minnesota;

d) Whitney v. California;

e) New York Times v. Sullivan.

A

39

Justice Oliver Wendell Holmes first set forth his famous clear and present danger test for determining whether controversial speech is protected by the First Amendment in the case of:

a) Fiske v. Kansas;

b) Schenck v. U.S.;

c) Brandenburg v. Ohio;

d) Whitney v. California;

e) Gitlow v. New York.

B

40

Justice Oliver Wendell Holmes used the clear and present danger test to uphold the conviction of a man who actively opposed World War I, but he later rethought the meaning of the clear and present danger test and joined Justice Louis Brandeis in a famous concurring opinion that advocated broader First Amendment safeguards for unpopular speech in:

a) Fiske v. Kansas;

b) Gitlow v. New York;

c) Brandenburg v. Ohio;

d) Whitney v. California;

e) Yates v. U.S

D

41

A Ku Klux Klan member’s prosecution under a criminal syndicalism law was invalidated by a Supreme Court decision holding that even those who express violent racist views are protected by the First Amendment unless they create an imminent danger of violent action. The case:

a) Yates v. U.S.;

b) Gitlow v. New York;

c) Whitney v. California;

d) Brandenburg v. Ohio;

e) Schenck v. U.S.

D

42

What website generated public and legal concern when its owners released thousands of classified government documents?

a) Amazon.com;

b) WikiLeaks;

c) Google;

d) MSN;

e) Yahoo.

B

43

Areopagitica was a famous early defense of freedom of expression. Its author was:

a) Ben Franklin;

b) J.J. Rousseau,

c) John Milton;

d) Thomas Jefferson;

e) John Locke

C

44

The Supreme Court first clearly held that prior censorship of the news media by government is usually unconstitutional in:

a) Dennis v. U.S.;

b) New York Times v. U.S.;

c) Near v. Minnesota;

d) Whitney v. California;

e) Abrams v. U.S

C

45

In the “Pentagon Papers” case (New York Times v. U.S.), the Supreme Court overruled an attempt by the federal government to censor the nation’s leading newspapers. The court so ruled primarily because:

a) all nine justices felt the First Amendment should never allow prior restraint of major newspapers;

b) seven justices felt prior restraint should never be allowed;

c) the government did not adequately prove that national security was in jeopardy in this particular case;

d) the government dropped its attempt to censor the press before the Supreme Court could decide the case;

e) the case arose in the summer and the nine justices didn’t want to interrupt their vacations.

C

46

In the case of U.S. v. Eichman, the Supreme Court overturned an act of Congress banning:

a) the Ku Klux Klan;

b) the Communist Party;

c) anti-abortion protests;

d) desecration of the American flag as a political protest;

e) civil rights demonstrations.

D

47

The U.S. Supreme Court allowed a state to create free expression rights at private shopping centers under the state Constitution when no such rights exist under the U.S. Constitution. That occurred in:

a) Frisby v. Schultz;

b) Board of Airport Commissioners v. Jews for Jesus;

c) Hudgens v. National Labor Relations Board;

d) Pruneyard Shopping Center v. Robins;

e) Fashion Valley Mall v. NLRB.

D

48

In 2007, the California Supreme Court reaffirmed that there is a right to picket a store in a private shopping mall under the California state Constitution even though very few other states have chosen to follow its earlier decision recognizing this right. The case:

a) Frisby v. Schultz;

b) Board of Airport Commissioners v. Jews for Jesus;

c) Hudgens v. National Labor Relations Board;

d) Pruneyard Shopping Center v. Robins;

e) Fashion Valley Mall v. NLRB.

E

49

In 2003 the Supreme Court clarified the decision cited in the previous question by holding that cross-burning is not protected by the First Amendment if it can be shown that it was intended to intimidate anyone. The 2003 case:

a) R.A.V. v. St. Paul;

b) Virginia v. Black;

c) Wisconsin v. Mitchell;

d) Scheidler v. National Organization for Women;

e) Ward v. Rock Against Racism.

B

50

In U.S. v. National Treasury Employees Union, the Supreme Court:

a) overturned a ban on federal employees being paid for speaking or writing articles even on topics unrelated to their work;

b) upheld the ban described in choice A;

c) rejected a pay raise for federal workers;

d) upheld a pay raise for federal workers;

e) ordered the Internal Revenue Service (IRS) to safeguard taxpayers’ rights.

A

51

In the “Hit Man” case (Rice v. Paladin Press), the Fourth Circuit said that the publishers of “Hit Man” could be sued for damages because the book:

a) talked abstractly about murder for hire;

b) incited readers to commit murder;

c) named particular individuals to be killed;

d) offered payment for the murder of someone;

e) all of the above.

B

52

The Supreme Court once held that a state’s tax on large newspapers but not small ones violated the First Amendment because it was obviously intended to punish most of the large papers for opposing that state’s governor. That happened in:

a) Grosjean v. American Press;

b) Minneapolis Star and Tribune Co. v. Commissioner of Revenue;

c) Texas Monthly v. Bullock;

d) Leathers v. Medlock;

e) Arkansas Writers’ Project v. Ragland.

A

53

The Supreme Court held that a state tax on ink and newsprint was unconstitutional because it applied to large newspapers but exempted small ones, even though there was no evidence the tax was intended to punish any newspaper for its content. That happened in:

a) Grosjean v. American Press;

b) Minneapolis Star and Tribune Co. v. Commissioner of Revenue;

c) Texas Monthly v. Bullock;

d) Leathers v. Medlock;

e) Arkansas Writers’ Project v. Ragland.

B

54

The First Amendment does not excuse the mass media from paying the normal business taxes that all businesses must pay. In which of these cases was a tax on a medium of communications upheld?

a) Texas Monthly v. Bullock;

b) Arkansas Writers’ Project v. Ragland;

c) Leathers v. Medlock;

d) Minneapolis Star and Tribune Co. v. Commissioner of Revenue;

e) Grosjean v. American Press

C

55

The First Amendment does not excuse the mass media from paying the normal business taxes that all businesses must pay. In which of these cases was a tax on a medium of communications upheld?

a) Texas Monthly v. Bullock;

b) Arkansas Writers’ Project v. Ragland;

c) Leathers v. Medlock;

d) Minneapolis Star and Tribune Co. v. Commissioner of Revenue;

e) Grosjean v. American Press

C

56

Certain categories of expression have been deemed unprotected by the First Amendment. One of the unprotected categories is
a. false commercial advertising.
b. misleading political speech.
c. racial slurs.
d. pure opinion.

A

57

Which one of the following Supreme Court justices was known for being a particularly ardent First Amendment advocate?
a. Justice Rehnquist
b. Justice Harlan
c. Justice Brennan
d. Justice White

C

58

The U.S. Supreme Court first began to interpret the scope of the First Amendment
a. in 1798.
b. during the Civil War era.
c. at the time of World War I.
d. after World War II.

C

59

In Brandenburg v. Ohio the Supreme Court held that speech remains protected until
a. it is likely to offend the majority of the community.
b. it advocates overthrow of the government.
c. it is likely to incite imminent unlawful action.
d. actual physical violence occurs.

C

60

In most traditional kinds of personal injury cases, the legal basis for a lawsuit is that the defendant acted with
a. negligence.
b. utter recklessness.
c. malice.
d. intent to harm.

A

61

Why are the so-called Pied Piper cases particularly troublesome for mass communicators?
a. Because subliminal messages are hard to avoid.
b. Because malice is almost always present.
c. Because imitation typically was not an intended result.
d. Because the First Amendment is irrelevant in these cases.

C

62

In Zamora v. Columbia Broadcasting System plaintiffs alleged that the defendants should be liable for
a. the cumulative effects of television violence.
b. prompting a teenage suicide.
c. covering riots in a Florida neighborhood.
d. encouraging the acts of an arsonist.

A

63

In the “Hit Man” case the book published by Paladin Press was held undeserving of First Amendment protection because
a. it was essentially an advertisement for weapons.
b. it focused on detailed murder instructions, not ideas.
c. it was published anonymously.
d. it was not actually a form of expression

B

64

In Braun v. Soldier of Fortune the magazine was held liable under basic negligence law for the publication of an ad.
a. True
b. False

A

65

By the mid-seventeenth century in England, what two separate branches of defamation law had evolved?
a. Libel and libel by implication
b. Libel and slander
c. Slander and trade libel
d. Innuendo and personal assault

B

66

In the eighteenth and nineteenth centuries, most defamation law in the colonies and the states was
a. civil.
b. criminal.
c. administrative.

B

67

Libel may be defined as a false statement of fact that is disseminated about a person and tends to
a. injure that person's reputation.
b. cause substantial personal anguish.
c. cause significant embarrassment.
d. serve no public purpose.

A

68

The U.S. Supreme Court first injected constitutional standards into defamation law in 1964, in the landmark case of
a. Associated Press v. Walker.
b. Brandenburg v. Ohio.
c. Rosenbloom v. Metromedia.
d. New York Times v. Sullivan.

D

69

Who can be defamed?
a. Formal business entities
b. Any living individual
c. Governmental entities
d. Both a and b

D

70

"Libel per se" is language that is defamatory only when considered in light of outside facts.
a. True
b. False

B

71

Which of the following is not one of the elements a libel plaintiff needs to prove in order to win a case against a mass communicator?
a. Fault on the part of the communicator
b. Intent to injure
c. Publication
d. Harm to the plaintiff

B

72

The U.S. Supreme Court has ruled that headlines, considered alone, cannot be considered defamatory communications.
a. True
b. False

B

73

One of the most common forms of illegal, defamatory content is rhetorical hyperbole.
a. True
b. False

B

74

How false must a communicator's statement be in order for a libel plaintiff to win a lawsuit?
a. Entirely false.
b. False in any respect.
c. Substantially false.

C

75

In Philadelphia Newspapers v. Hepps the Supreme Court held that the libel plaintiff must shoulder the burden of proving defamatory statements false.
a. True
b. False

A

76

In a libel lawsuit, "publication" occurs when defamatory statements are communicated
a. to the plaintiff.
b. to at least one "third person."
c. broadly to the general public, and not until that time.

B

77

Which of the following is true about the identification element of a libel case?
a. The plaintiff must have been identified by name.
b. Identification is determined by the communicator's intent.
c. Identification occurs only when a definite, unmistakable description of the plaintiff is given.
d. Identification occurs whenever members of the audience could reasonably believe that statements referred to the plaintiff.

D

78

For private-person plaintiffs it is constitutionally permissible to win a libel lawsuit by showing no greater degree of fault than mere negligence.
a. True
b. False

A

79

The key justification for the Supreme Court's "actual malice" requirement in New York Times v. Sullivan may be stated as follows:
a. Falsehoods are just as valuable as the truth and must therefore be protected.
b. Libel judgments would otherwise lead to self-censorship of the truth.
c. Public officials have essentially waived their rights to privacy.
d. Juries are inherently biased against libel defendants.

B