JOMC 486 Final Test Questions With Complete Solutions.
Falwell was unable to prove his libel claim against Hustler because:
he was lacked proof of actual injury.
In the Hustler case, the Supreme Court ruled that public figures and public
officials:
can never recover damages for the tort of emotional distress
According to the Snyder court, speech deals with matters of public concern when
it:
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:
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?
Lanham Act
Of the two studies that Pfizer conducted on the effect of Listerine on plaque
both studies showed Listerine as effective as floss
McNeil's surveys on the message consumers take away from the Big Bang ad
found
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?
20%
The FTC says it will find advertising deceptive only if there is evidence
consumers have actually been misled.
False
In cases of implied claims, the FTC will often be able to determine meaning
through all of the following except
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
is acting unreasonably under the circumstances
When an advertisement targets a specific group, such as children, the FTC will
determine its effect on
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
likely to affect a consumer's choice regarding the product
The Federal Trade Commission defines "advertising" as any action, method or
device
that draws the attention of the public to goods, services, people or organizations
The enforcement tool most commonly used by the FTC is
Consent agreements
If an advertiser fails to abide by a consent agreement or a litigated order, it can
expect the FTC will
, 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?
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.
False
The FTC expects that advertisers will have substantiation for their claims
before the advertisements are published
The FTC will always defer to the judgment of self-regulatory groups on matters of
substantiation of advertising claims.
False
Originally, 18 U.S.C. Section 1304 prohibited radio or television broadcast by any
licensed station of
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?
The Central Hudson test
Which of the following is an interest the government claimed it was upholding in
this case?
reducing the social costs of gambling
The Supreme Court said the ban on casino advertising failed to directly advance
the government's interest because
exceptions to the ban on advertising made the regulation ineffective
Which of the following is NOT an action the FCC may take to enforce its rules on
indecency?
Sentence a broadcaster to prison time
The FCC limits indecency to certain subject matter. Which of the following best
describes that subject matter?
sexual or excretory organs or activity
The FCC says that "indecency" includes
any patently offensive material dealing with sexual or excretory activity or organs
The FCC says "patent offensiveness" must be judged by
contemporary national community standards for the broadcast medium
The FCC identifies three factors it will use for determining patent offensiveness
Late night vs. prime-time broadcast
Material that is indecent may be broadcast
between 10 p.m. and 6 a.m.
This case arose after the FCC changed its position on
repetition versus fleeting appearances of offensive language or images
The Supreme Court said the FCC failed to
give broadcasters adequate notice that fleeting expletives could be indecent
The Supreme Court said that because it decided the case on fair-notice grounds it
did not need to address the first amendment question
Falwell was unable to prove his libel claim against Hustler because:
he was lacked proof of actual injury.
In the Hustler case, the Supreme Court ruled that public figures and public
officials:
can never recover damages for the tort of emotional distress
According to the Snyder court, speech deals with matters of public concern when
it:
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:
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?
Lanham Act
Of the two studies that Pfizer conducted on the effect of Listerine on plaque
both studies showed Listerine as effective as floss
McNeil's surveys on the message consumers take away from the Big Bang ad
found
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?
20%
The FTC says it will find advertising deceptive only if there is evidence
consumers have actually been misled.
False
In cases of implied claims, the FTC will often be able to determine meaning
through all of the following except
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
is acting unreasonably under the circumstances
When an advertisement targets a specific group, such as children, the FTC will
determine its effect on
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
likely to affect a consumer's choice regarding the product
The Federal Trade Commission defines "advertising" as any action, method or
device
that draws the attention of the public to goods, services, people or organizations
The enforcement tool most commonly used by the FTC is
Consent agreements
If an advertiser fails to abide by a consent agreement or a litigated order, it can
expect the FTC will
, 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?
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.
False
The FTC expects that advertisers will have substantiation for their claims
before the advertisements are published
The FTC will always defer to the judgment of self-regulatory groups on matters of
substantiation of advertising claims.
False
Originally, 18 U.S.C. Section 1304 prohibited radio or television broadcast by any
licensed station of
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?
The Central Hudson test
Which of the following is an interest the government claimed it was upholding in
this case?
reducing the social costs of gambling
The Supreme Court said the ban on casino advertising failed to directly advance
the government's interest because
exceptions to the ban on advertising made the regulation ineffective
Which of the following is NOT an action the FCC may take to enforce its rules on
indecency?
Sentence a broadcaster to prison time
The FCC limits indecency to certain subject matter. Which of the following best
describes that subject matter?
sexual or excretory organs or activity
The FCC says that "indecency" includes
any patently offensive material dealing with sexual or excretory activity or organs
The FCC says "patent offensiveness" must be judged by
contemporary national community standards for the broadcast medium
The FCC identifies three factors it will use for determining patent offensiveness
Late night vs. prime-time broadcast
Material that is indecent may be broadcast
between 10 p.m. and 6 a.m.
This case arose after the FCC changed its position on
repetition versus fleeting appearances of offensive language or images
The Supreme Court said the FCC failed to
give broadcasters adequate notice that fleeting expletives could be indecent
The Supreme Court said that because it decided the case on fair-notice grounds it
did not need to address the first amendment question
