JOMC 486 ELABORATED QUESTIONS
AND ANSWERS
The Pentagon Papers case (New York Times v. United States)
involved the Nixon administration's effort to halt publication of a
top secret study of - CORRECT ANSWER-how the US became
entangled in the Vietnam War
Sir William Blackstone, an 18th century British jurist, defined
freedom of the press as - CORRECT ANSWER-laying no
previous restraints upon publications
The US Supreme Court's decision in New York Times v.
Sullivan defined "actual malice" as meaning knowledge of
falsity or reckless disregard for falsity. In subsequent decisions,
the court elaborated on the meaning of "reckless disregard."
Which of the following best describes the court's definition of
"reckless disregard"? - CORRECT ANSWER-Having a high
degree of awareness of the probable falsity of the publication
Which of the following would most likely constitute invasion of
privacy by appropriation? - CORRECT ANSWER-Using a
photograph of a restaurant patron in an ad for that restaurant
One difference between the tort of appropriation and the tort of
right of publicity is that the latter protects things that are not
protected by appropriation. Which of the following is protected
, by right of publicity but not by appropriation - CORRECT
ANSWER-One's persona or distinctive identity
In the New York Times v. Sullivan decision, the US Supreme
Court said public official libel plaintiffs must prove actual malice
and must do so with clear-and-convincing evidence. The
phrase "clear-and-convincing" means the plaintiff's evidence
must establish actual malice - CORRECT ANSWER-by a high
probability
Defamation - CORRECT ANSWER-Injury to the plaintiff's
reputation
Identification - CORRECT ANSWER-Proof that the
defamation...
Publication - CORRECT ANSWER-Dissemination of the
defamatory claim
Fault - CORRECT ANSWER-Evidence of negligence or actual
malice
Injury - CORRECT ANSWER-Proof the plaintiff has been
affected with loss of reputation, mental anguish, humiliation
An advertisement for a home security system warns people to
take precautions to prevent their homes from being burglarized.
The advertisement is accompanied by a candid photograph of a
man, who is recognizable, walking past a home while looking at
it intently. This could be an example of - CORRECT ANSWER-
defamation by implication
One of the requirements for a publicity to private facts lawsuit is
that the plaintiff must show that the facts disclosed would be
highly offensive to a reasonable person in the same situation as
the plaintiff. Of the following examples of facts, which would be
a reasonable person be likely to find highly offensive if revealed
AND ANSWERS
The Pentagon Papers case (New York Times v. United States)
involved the Nixon administration's effort to halt publication of a
top secret study of - CORRECT ANSWER-how the US became
entangled in the Vietnam War
Sir William Blackstone, an 18th century British jurist, defined
freedom of the press as - CORRECT ANSWER-laying no
previous restraints upon publications
The US Supreme Court's decision in New York Times v.
Sullivan defined "actual malice" as meaning knowledge of
falsity or reckless disregard for falsity. In subsequent decisions,
the court elaborated on the meaning of "reckless disregard."
Which of the following best describes the court's definition of
"reckless disregard"? - CORRECT ANSWER-Having a high
degree of awareness of the probable falsity of the publication
Which of the following would most likely constitute invasion of
privacy by appropriation? - CORRECT ANSWER-Using a
photograph of a restaurant patron in an ad for that restaurant
One difference between the tort of appropriation and the tort of
right of publicity is that the latter protects things that are not
protected by appropriation. Which of the following is protected
, by right of publicity but not by appropriation - CORRECT
ANSWER-One's persona or distinctive identity
In the New York Times v. Sullivan decision, the US Supreme
Court said public official libel plaintiffs must prove actual malice
and must do so with clear-and-convincing evidence. The
phrase "clear-and-convincing" means the plaintiff's evidence
must establish actual malice - CORRECT ANSWER-by a high
probability
Defamation - CORRECT ANSWER-Injury to the plaintiff's
reputation
Identification - CORRECT ANSWER-Proof that the
defamation...
Publication - CORRECT ANSWER-Dissemination of the
defamatory claim
Fault - CORRECT ANSWER-Evidence of negligence or actual
malice
Injury - CORRECT ANSWER-Proof the plaintiff has been
affected with loss of reputation, mental anguish, humiliation
An advertisement for a home security system warns people to
take precautions to prevent their homes from being burglarized.
The advertisement is accompanied by a candid photograph of a
man, who is recognizable, walking past a home while looking at
it intently. This could be an example of - CORRECT ANSWER-
defamation by implication
One of the requirements for a publicity to private facts lawsuit is
that the plaintiff must show that the facts disclosed would be
highly offensive to a reasonable person in the same situation as
the plaintiff. Of the following examples of facts, which would be
a reasonable person be likely to find highly offensive if revealed
