JOMC 486 Final Test-100% Pass

JOMC 486 Final Test-100% Pass Falwell was unable to prove his libel claim against Hustler because: -Answer-he was lacked proof of actual injury. In the Hustler case, the Supreme Court ruled that public figures and public officials: - Answer-can never recover damages for the tort of emotional distress According to the Snyder court, speech deals with matters of public concern when it: - Answer-relates to any matter of political, social or other concern to the community The trial court said the Phelpses could be held liable for IIED based on the outrageousness of their speech. The Supreme Court said outrageousness: -Answer-is too subjective and allows juries to impose their own biases on the speech What law does McNeil accuse Pfizer of violating in this case? -Answer-Lanham Act Of the two studies that Pfizer conducted on the effect of Listerine on plaque -Answer- both studies showed Listerine as effective as floss McNeil's surveys on the message consumers take away from the Big Bang ad found - Answer-a significant percentage of respondents believed Listerine can replace flossing The McNeil court said the plaintiff, to establish an ad contains a false implication, must show that the implication was taken away by at least what percentage of the audience? -Answer-20% The FTC says it will find advertising deceptive only if there is evidence consumers have actually been misled. -Answer-False In cases of implied claims, the FTC will often be able to determine meaning through all of the following except -Answer-Using words like "best" or greatest" without empirical evidence to back up those claims According to the FTC, the woman's belief that all Greek yogurt comes from Greece shows she -Answer-is acting unreasonably under the circumstances When an advertisement targets a specific group, such as children, the FTC will determine its effect on -Answer-a reasonable member of that group To be considered deceptive, an advertising claim must be material. The FTC defines "material" as a representation or practice that is -Answer-likely to affect a consumer's choice regarding the product The Federal Trade Commission defines "advertising" as any action, method or device - Answer-that draws the attention of the public to goods, services, people or organizations The enforcement tool most commonly used by the FTC is -Answer-Consent agreements If an advertiser fails to abide by a consent agreement or a litigated order, it can expect the FTC will -Answer-impose fines on the advertiser Which of the following is NOT a factor the FTC considers when determining what constitutes a reasonable basis for a claim? -Answer-the likelihood that the average person will believe the claim Firms are not responsible for possessing substantiation for implied claims they do not believe their ad makes, even though the implication may be a reasonable one. -Answer- False The FTC expects that advertisers will have substantiation for their claims -Answer- before the advertisements are published The FTC will always defer to the judgment of self-regulatory groups on matters of substantiation of advertising claims. -Answer-False Originally, 18 U.S.C. Section 1304 prohibited radio or television broadcast by any licensed station of -Answer-any advertisements or information about lotteries or games of chance Which of the following standards does the court apply to resolve the First Amendment issue in this case? -Answer-The Central Hudson test Which of the following is an interest the government claimed it was upholding in this case? -Answer-reducing the social costs of gambling The Supreme Court said the ban on casino advertising failed to directly advance the government's interest because -Answer-exceptions