JOMC 486 Midterm UNLEXAM
QUESTIONS WITH ANSWERS.
absolute privilege - CORRECT ANSWER✅✅a witness testifying in a court or
legislature may never be sued for defamation
Actual Malice - CORRECT ANSWER✅✅proof of knowledge of falsity or proof of
reckless disregard.
Actual malice must be shown when - CORRECT ANSWER✅✅-a public official is the
plaintiff
-a public figure is the plaintiff
-a private plaintiff wants punitive damages
Actual Malice Type A - CORRECT ANSWER✅✅Knowledge of falsity; intentional lying
Actual Malice Type B - CORRECT ANSWER✅✅Reckless disregard requires showing
that the defendant
in fact entertained serious doubt as to the truth of a statement or
possessed a high degree of awareness of the probable falsity of the statement
Anti-SLAPP laws - CORRECT ANSWER✅✅Laws designed to reduce frivolous
lawsuits filed against citizens and community groups who oppose corporations,
government officials, and others.
Appellate Review - CORRECT ANSWER✅✅after a trial/hearing, the appeal to the next
level of court where the court will review the record of what happened at the lower level.
The court will not conduct a trial nor receive new evidence or testimony
Appropriation - CORRECT ANSWER✅✅-using for one's own benefit
-the name or likeness of another person without permission
beyond a reasonable doubt - CORRECT ANSWER✅✅The level of proof required to
convict a person of a crime (95%)
Brandenburg Test - CORRECT ANSWER✅✅1. Intent to incite violence or unlawful
activity
2. Imminence of violence or unlawful activity
3. Likelihood of violence or unlawful activity
, Clear and convincing - CORRECT ANSWER✅✅The standard of proof used in some
civil trials. The evidence presented must be greater than a preponderance of the
evidence but less than beyond a reasonable doubt (75-85%)
Common Law Defenses - CORRECT ANSWER✅✅-Truth
-Absolute privilege
-Fair-report privilege (qualified privilege)
-Fair-comment privilege
Content Neutrality - CORRECT ANSWER✅✅a court-imposed requirement that
government regulations of free expression not be based on the viewpoint being
expressed or the identity of the speaker
content-based regulations - CORRECT ANSWER✅✅subject to strict scrutiny
content-neutral regulations - CORRECT ANSWER✅✅judged by a less demanding
standard
content-neutral, content-based dichotomy - CORRECT ANSWER✅✅examines the
regulation, not the expression
Defamation - CORRECT ANSWER✅✅Act of harming or ruining another's reputation
defamation by implication - CORRECT ANSWER✅✅Person knowingly publishes a lie
or offending statement with reckless disregard for the truth.
Plaintiff must be a public figure.
Defamation per quod - CORRECT ANSWER✅✅a facially innocent statement becomes
defamatory when it is combined with unstated facts known to the audience
the plaintiff must prove special damages
Defamation per se - CORRECT ANSWER✅✅words are defamatory on their face
Determining truth - CORRECT ANSWER✅✅1. the jury must determine what the gist of
the publication was and whether the gist is defamatory
2. the jury must decide whether the preponderance of the evidence proves the
defamatory statements true
disparagement - CORRECT ANSWER✅✅cast doubt upon the quality of another's land,
products or services and the publisher intends the statement to cast the doubt or the
recipient's understanding of its as casting the doubt was reasonable
QUESTIONS WITH ANSWERS.
absolute privilege - CORRECT ANSWER✅✅a witness testifying in a court or
legislature may never be sued for defamation
Actual Malice - CORRECT ANSWER✅✅proof of knowledge of falsity or proof of
reckless disregard.
Actual malice must be shown when - CORRECT ANSWER✅✅-a public official is the
plaintiff
-a public figure is the plaintiff
-a private plaintiff wants punitive damages
Actual Malice Type A - CORRECT ANSWER✅✅Knowledge of falsity; intentional lying
Actual Malice Type B - CORRECT ANSWER✅✅Reckless disregard requires showing
that the defendant
in fact entertained serious doubt as to the truth of a statement or
possessed a high degree of awareness of the probable falsity of the statement
Anti-SLAPP laws - CORRECT ANSWER✅✅Laws designed to reduce frivolous
lawsuits filed against citizens and community groups who oppose corporations,
government officials, and others.
Appellate Review - CORRECT ANSWER✅✅after a trial/hearing, the appeal to the next
level of court where the court will review the record of what happened at the lower level.
The court will not conduct a trial nor receive new evidence or testimony
Appropriation - CORRECT ANSWER✅✅-using for one's own benefit
-the name or likeness of another person without permission
beyond a reasonable doubt - CORRECT ANSWER✅✅The level of proof required to
convict a person of a crime (95%)
Brandenburg Test - CORRECT ANSWER✅✅1. Intent to incite violence or unlawful
activity
2. Imminence of violence or unlawful activity
3. Likelihood of violence or unlawful activity
, Clear and convincing - CORRECT ANSWER✅✅The standard of proof used in some
civil trials. The evidence presented must be greater than a preponderance of the
evidence but less than beyond a reasonable doubt (75-85%)
Common Law Defenses - CORRECT ANSWER✅✅-Truth
-Absolute privilege
-Fair-report privilege (qualified privilege)
-Fair-comment privilege
Content Neutrality - CORRECT ANSWER✅✅a court-imposed requirement that
government regulations of free expression not be based on the viewpoint being
expressed or the identity of the speaker
content-based regulations - CORRECT ANSWER✅✅subject to strict scrutiny
content-neutral regulations - CORRECT ANSWER✅✅judged by a less demanding
standard
content-neutral, content-based dichotomy - CORRECT ANSWER✅✅examines the
regulation, not the expression
Defamation - CORRECT ANSWER✅✅Act of harming or ruining another's reputation
defamation by implication - CORRECT ANSWER✅✅Person knowingly publishes a lie
or offending statement with reckless disregard for the truth.
Plaintiff must be a public figure.
Defamation per quod - CORRECT ANSWER✅✅a facially innocent statement becomes
defamatory when it is combined with unstated facts known to the audience
the plaintiff must prove special damages
Defamation per se - CORRECT ANSWER✅✅words are defamatory on their face
Determining truth - CORRECT ANSWER✅✅1. the jury must determine what the gist of
the publication was and whether the gist is defamatory
2. the jury must decide whether the preponderance of the evidence proves the
defamatory statements true
disparagement - CORRECT ANSWER✅✅cast doubt upon the quality of another's land,
products or services and the publisher intends the statement to cast the doubt or the
recipient's understanding of its as casting the doubt was reasonable
