OMC Study guides, Class notes & Summaries

JOMC 486 Final Exam Notes Transformative-Use Test -When a work contains significant transformative elements it is worthy of First Amendment protection and is less likely to interfere with the interests protected by right of publicity -Determining whether a work is transformative involves examining five factors No-Real-Relationship Test -Central question is whether the use of the celebrity's persona is artistically relevant to the defendant's work -If so, the use is protected, so long a...

JOMC 486 Quiz #1 with 100% Correct Answers What are the major sources of American law in addition to statues? (Name 4) -Answer-- constitutions -common law -administrative regulations -executive orders What is the main responsibility of Congress and state legislatures? -Answer-to enact laws/statues The U.S. constitution and the laws passed in accordance with it are the supreme law of the law and take precedence over any ________ constitutions or laws. -Answer-state For Congress or a sta...

JOMC 486 Final Exam Notes Transformative-Use Test -When a work contains significant transformative elements it is worthy of First Amendment protection and is less likely to interfere with the interests protected by right of publicity -Determining whether a work is transformative involves examining five factors No-Real-Relationship Test -Central question is whether the use of the celebrity's persona is artistically relevant to the defendant's work -If so, the use is protected, so long a...

JOMC 486: Exam One first amendment congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances levels of speech/expression -pure speech -intermediate speech -unprotected speech pure speech given the highest level of protection; examples: public speech, writing a letter, publish...

JOMC 486 Quizzes Pt. 2 Questions With Complete Solutions.

JOMC 486 Questions Pt. 2 Questions With Complete Solutions. What law did McNeil-PPC Inc. accuse Pfizer Inc. of violating when it ran its advertisements for Listerine mouthwash? Lanham Act. In McNeil-PPC v. Pfizer, McNeil argued the Listerine advertisement contained the _______________ that rinsing with Listerine is as effective as flossing. literal falsehood In its lawsuit against Pfizer over the Listerine advertisements, McNeil-PPC said the impact of the ads on its business was that whi...

JOMC 486 Questions With 100% Correct Answers Virginia v. Black involved two incidents of cross burning, one by Barry Black and the other by Richard Elliott and Jonathan O'Mara. Which of the following best describes the two incidents? Black burned a cross at a Ku Klux Klan rally, and Elliott and O'Mara burned a cross in a neighbor's yard. The plurality opinion in Virginia v. Black, written by Justice O'Connor, found the Virginia statute on cross burning unconstitutional because The prim...

JOMC 486 Test 2 Question and answers 2023/2024 verified to passFalwell was unable to prove his libel claim against Hustler because: - correct answer he was lacked proof of actual injury. In the Hustler case, the Supreme Court ruled that public figures and public officials: - correct 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: - correct answer relates to any matter of political, socia...