cHAPTER 6 MCOM Flash Cards

 
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20. News stories based on inaccurate government reports will normally be protected by the defense of qualified privilege.

t OR F
Answer: T 0 daden1789 Tue, 25 Oct 2011 02:12:56 GMT view revision history
19. Most courts have ruled that the typical reader or listener or viewer can't distinguish between factual assertions and opinion statements.

t OR F
Answer: F 0 daden1789 Tue, 25 Oct 2011 02:12:56 GMT view revision history
18. If a plaintiff has consented to the publication of a defamatory statement, he or she cannot later sue for damages because of that publication.

T OR F
Answer: T 0 daden1789 Tue, 25 Oct 2011 02:12:56 GMT view revision history
17. To win special damages, a plaintiff must show specific monetary or economic loss.

T OR F
Answer: T 0 daden1789 Tue, 25 Oct 2011 02:12:56 GMT view revision history
16. The Supreme Court has barred the award of punitive damages in libel suits.

t OR F
Answer: F 0 daden1789 Tue, 25 Oct 2011 02:12:56 GMT view revision history
15. The First Amendment defense of opinion also protects false statements of fact contained in an article that is mostly opinion.

t OR F
Answer: F 0 daden1789 Tue, 25 Oct 2011 02:12:56 GMT view revision history
14. The statute of limitations in most states is five years.

t OR F
Answer: F 0 daden1789 Tue, 25 Oct 2011 02:12:56 GMT view revision history
13. The statute of limitations for libelous matter on the Internet begins the day the matter is first accessed by a user.

t OR F
Answer: F 0 daden1789 Tue, 25 Oct 2011 02:12:56 GMT view revision history
12. A court trial is one government proceeding excluded from the application of qualified privilege.

t OR F
fALSE 0 daden1789 Tue, 25 Oct 2011 02:12:56 GMT view revision history
11. A libelous comment may be answered with a libelous comment under the defense of consent.

t OR F
Answer: F 0 daden1789 Tue, 25 Oct 2011 02:12:56 GMT view revision history
10. Courts can usually assess four kinds of damages in a libel suit. These include
a. special and nominal damages.
b. punitive and actual damages.
c. nominal and extraordinary damages.
d. presumed and additional damages.
Answer: B 0 daden1789 Tue, 25 Oct 2011 02:12:56 GMT view revision history
9. Defenses against libel actions, in addition to qualified privilege and the opinion defenses, include
a. consent and innocent action.
b. right of reply and innocent action.
c. consent and right of reply.
d. innocent action and mitigating circumstances.
Answer: C 0 daden1789 Tue, 25 Oct 2011 02:12:56 GMT view revision history
8. Most criminal libel prosecutions
a. are brought against terrorist groups.
b. are brought for political reasons by police officers and public officials.
c. are caused by comments by talk radio hosts.
d. are brought by banks and insurance companies against the press.
Answer: B 0 daden1789 Tue, 25 Oct 2011 02:12:56 GMT view revision history
7. What statement best describes the response of the nation’s courts to the libel defense neutral reportage?
a. Nearly all courts have embraced it.
b. About half of the courts accept it.
c. Most courts have not adopted it.
d. No court has yet accepted it.
Answer: C 0 daden1789 Tue, 25 Oct 2011 02:12:56 GMT view revision history
6. The criteria in the Ollman test for libelous opinion includes
a. the provability of the statement, the context of the remarks, and the ordinary meaning of the words.
b. the provability of the statement, the context of the remarks, and the status of the speaker.
c. the context of the remarks, the status of the speaker, and the nature of the audience.
d. all of the above.
Answer: A 0 daden1789 Tue, 25 Oct 2011 02:12:56 GMT view revision history
5. The defense of qualified privilege covers comments made
a. during a trial.
b. by a governor.
c. at a legislative hearing.
d. in all of the above situations.
Answer: D 0 daden1789 Tue, 25 Oct 2011 02:12:56 GMT view revision history
4. In defending a lawsuit based on statements of opinion, a defendant may win the case
a. by arguing that the statements are rhetorical hyperbole.
b. by arguing that the statements are protected by the First Amendment.
c. by arguing that the statements are fair comment and criticism.
d. all of the above.
Answer: D 0 daden1789 Tue, 25 Oct 2011 02:12:56 GMT view revision history
3. Most courts follow a rule that the publisher of a libel on the Internet
a. can be sued in every state, since a citizen in any state can access the libel.
b. can be sued only in a state if the libelous material was directed to residents in that state, and the libel inflicted harm to the plaintiff in that state.
c. can be sued only in the state where the libel originated—that is, the place where the defendant created and sent the message.
d. can’t be sued because the courts have ruled that communications via the Internet are not subject to libel laws.
Answer: B 0 daden1789 Tue, 25 Oct 2011 02:12:56 GMT view revision history
2. A difference between absolute and qualified privilege is
a. absolute privilege protects the speaker; qualified privilege protects reports about what the speaker said.
b. absolute privilege has roots in the Constitution, qualified privilege developed through the common law and state statutes.
c. qualified privilege only applies if the report is a fair and accurate report; accuracy and fairness do not apply to absolute privilege.
d. all of the above.
Answer: D 0 daden1789 Tue, 25 Oct 2011 02:12:56 GMT view revision history
1. Under the statute of limitation libel rules, the date of publication (when the time limit begins) for a newspaper is
a. the date of publication that appears on the newspaper.
b. the date of the most recent sale of a copy of the newspaper..
c. the date the libelous story was written and edited, regardless of when it was published.
d. None of the above.
Answer: A 0 daden1789 Tue, 25 Oct 2011 02:12:56 GMT view revision history

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