exam 3

Question 1

elements of trespass

Answer 1

• entering private property without lawful consent or lawful profession
• entering private property under circumstances of “wrongful invitation”

Question 2

tortious news gathering

Answer 2

the use of reporting techniques that are wrongful and unlawful and for which the victim may obtain damages in court

Question 3

copyrightable works

Answer 3

original works of authorship that are fixed in a tangible medium of expression from which they can be perceived, reproduced or otherwise communicated either directly or with the aid of some device

Question 4

copyright infringement

Answer 4

to receive damages one most prove:

• work is copyrighted work
• there was access to the work
• substantial similarity

Question 5

factors of fair use

Answer 5

• purpose and character
• nature of the original copyrighted work
• amount and substantiality of the portion used
• effect on the potential market for the original

Question 6

parody

Answer 6

a work created to comment on, mock or make fun at an original work by means of satiric or ironic imitation

Question 7

satire

Answer 7

literary genre which pokes fun at a larger issue rather than a literary work

Question 8

transformative use

Answer 8

adding new expression or meaning

Question 9

genericity

Answer 9

when a term becomes generic, it is no longer eligible for trademark protection

Question 10

a reporter’s privilege to withhold information likely does not exist if they gov’t can demonstrate:

Answer 10

• possession: probable cause to believe that the reporter has information clearly connected to a specific violation of law
• no alternatives: the information sought cannot be obtained by alternative means less destructive to the first amendment values
• relevance: there is a compelling and overriding interest in the information

Question 11

qualified privilege test

Answer 11

1. there is probable cause to believe the reporter has information that is clearly relevant to a probable crime
2. the information cannot be obtained by alternative means less destructive of the first amendment rights
3. there is a compelling and overriding interest in the information

Question 12

doctrine of promissory estoppel

Answer 12

legal doctrine requiring liability when a clear and unambiguous promise is made and is relied on and injury results from the breaking of the promise

Question 13

elements a plaintiff must prove to win a lawsuit addressing promissory estoppel

Answer 13

• clean and ambiguous promise is made
• that promise is relied on
• harm results from that promise being broken

Question 14

privacy protection act (PPA) of 1980

Answer 14

• limits government’s ability to get search warrants for newsroom searches
• illegal to search or seize work products or other documentary materials possessed by a person with the purpose of disseminating to the public newspaper when the person is not suspected of a crime

Question 15

sixth amendment

Answer 15

gives criminal defendants the right to a speedy public trial by an impartial jury

Question 16

continuance

Answer 16

trial continued later

Question 17

sequestration

Answer 17

cutting jury off from society

Question 18

voir dire

Answer 18

process of finding out info

Question 19

judicial admonition

Answer 19

instruction form judges

Question 20

venir

Answer 20

composition of jury

Question 21

change of venue

Answer 21

attorneys try to protect by a change of location

Question 22

factors to apply to assess whether closure is justified

Answer 22

1. was there an overriding interest supporting closure
2. were there other alternatives available to ensure fairness
3. would the closure be effective in ensuring fairness

Question 23

Federal Communications Commission

Answer 23

• federal agency that regulates broadcast

- bases its decision on the communications act of 1934

Question 24

fairness doctrine

Answer 24

broadcasters must devote a reasonable a mount of their programming to controversial issue of public importance and provide controversial viewpoints on those issues

Question 25

restrictions in section 315 of the communications act

Answer 25

• requires equal opportunity for legally qualified candidates for elective office when there are 2 or more candidates
• it means getting free time if a candidate’s opponent appeared on a station or cable system without paying
• it applies to broadcast stations and cable TV
• a candidate must make a written request within 7 days of the appearance

Question 26

how have first amendment protections evolved

Answer 26

by receiving more or less protection through rulings in previous cases

Question 27

political speech

Answer 27

core of what the first amendment is designed to protect and is highly protected

Question 28

commercial speech

Answer 28

• used to promote a commercial transaction
• receives some protection from the first amendment as long as the speech is truthful and non-misleading and not promoting an unlawful action

Question 29

how does the federal trade commission define a deceptive advertisement

Answer 29

• must be a material representation, omission or practice
• material representation must be likely to affect a reasonable consumer with regard to the service or product
• representation, omission or practice must be likely to mislead a reasonable consumer acting reasonably under the circumstances

Question 30

symbolic speech

Answer 30

nonverbal expression that warrants some first amendment protection because its primary purpose is to express ideas

Question 31

what does not receive first amendment protection

Answer 31

true threats, incitements to violence and obscenity

Question 32

incorporation doctrine

Answer 32

• applies the fourteenth amendment’s due process clause to limit the power of state and local government to abridge the guarantees of the bill of rights
• basically, it prevents states and the federal government from abridging protected first amendment rights

Question 33

content based regulation

Answer 33

• regulation aimed at restricting specific expression and the regulation focuses on what is expressed
• strict scrutiny applied

Question 34

defamation

Answer 34

malicious publication or expression in any manner, to anyone other than the party defamed, of anything which tends”

• to expose them to hatred, contempt or ridicule or to deprive them of the benefit of public confidence or social intercourse
• to expose the memory of one deceased to hatred, contempt or ridicule
• to injure any person, corporation or association of persons in their business or occupation

Question 35

4 privacy torts

Answer 35

false light, appropriation, public disclosure of private facts, intrusion

Question 36

false light

Answer 36

• giving publicity to a matter concerning another that places the other in a false light
• publicizing facts that place another in a false light, about someone who is identified, that would be highly offensive to a reasonable person, acting intentionally or recklessly with actual malice or negligence

Question 37

appropriation

Answer 37

use for one’s own benefit or other commercial purposes of plaintiff’s name, image or likeness without permission

Question 38

public disclosure of private facts

Answer 38

publicizing private facts that would be highly offensive to a reasonable person and are not a matter of legitimate public concern

Question 39

intrusion

Answer 39

a reasonable expectation of privacy intentionally intruded, physically or otherwise upon and the intrusion would be highly offensive to a reasonable person

Question 40

privacy amendments

Answer 40

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