NR 503 Final EXAM Quiz.

NR 503 Final Quiz Question 1 2 / 2 pts Which of the following is not a valid source of law? Executive orders Equity law Administrative Law Legislative intent A sidewalk preacher stands out on a street coroner in a residential neighborhood at 10:30 pm on a Tuesday night and exercises his rights to freedom of expression by yelling at the top of his lungs that God is going to end the world the following morning. Police arrest the preacher, accusing him of violating a city ordinance against disturbing the peace. The ordinance, among other things, makes it a crime to make continual loud noises on public property in a residential neighborhood between the hours of 8pm and 7am. A court would likely consider the ordinance: Content-Neutral Content-Based A violation of the First Amendment Constitutional because it addresses the residents' right to peace and quiet A state law requires protesters to obtain a permit if they want to hold a rally that involves politics. A court would use which type of scrutiny in assessing the constitutionality of this law? Strict scrutiny Intermediate scrutiny Rational scrutiny Political scrutiny An anti-government vigilante group holds a rally. The group leader riles up his members and yells, "The time is now for us to take matters into our own hands!" One week later, a member of the vigilante group shoots the town mayor. If a judge applied the Incitement Test to the scenario, the vigilante group leader's speech would be protected by the First Amendment. True False Applying the elements required for a libel claim to be successful, which of the following scenarios is most likely to succeed in a claim for libel? A newspaper story inaccurately describes a restaurant as having been raided by the health department. The reporter was relying on a normally reliable source. The owner of the restaurant sues for libel. The mayor of Pleasantville sues for libel after a newspaper article falsely reports his campaign contributions total for the year was $5,500.00. In reality, the total was $4,700. The mistake was an error by the reporter who wrote the story. The Pleasantville police chief sues for libel after a newspaper publishes the results of an internal investigation that shows the chief used $500 from the police budget for personal use. After the newspaper article is published, a review board finds that the internal investigation was flawed and that the $500 was actually used for police business. A newspaper reporter is preparing to write an article about the owner of a local bakery. After being confronted by the reporter in the empty bakery parking lot, the baker files a suit for libel, claiming the reporter falsely accused him of using expired milk in his recipe for donuts. In which of the following scenarios would the journalist most easily be protected from a libel claim? The information in the article that was incorrect was taken word-for-word from testimony in a trial. Although the information in the article was wrong, the plaintiff is a public official and the newspaper issued a retraction as soon as it discovered the error. The information in the article came from the reporter overhearing a private conversation between the mayor and vice mayor during a break in the city council meeting. The mayor said he heard a local business owner was going to lose his business license because of some failed inspections. The reporter writes a blurb in the paper, quoting the mayor, but the information ends up being false. The facts are incorrect, but the reporter has a strong argument that it was an opinion piece, and not a regular news story. The reporter is normally a news reporter and not an opinion columnist. A reporter would likely be liable for intrusion after using a remote-controlled helicopter fitted with a camera to video tape a local politician skinny-dipping in her back yard swimming pool. The pool is not visible in plain sight from the ground, due to a 10-foot tall wall that surrounds it. But if someone were to stand on the roof of a nearby building, the pool would be plainly visible to that person. However, the roof has no public deck and is not open to occupants of the building or the public. True False Which of the following is NOT an essential element in a claim for negligent infliction of emotional distress? The defendant owed the plaintiff a duty to use due care The defendant's conduct was the proximate cause of the plaintiff's emotional distress The conduct involved malice per se. The defendant negligently breached the duty to use due care