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JMS 494 practice test
Terms in this set (40)
a trial court is a fact finding court
. The 1st Amendment guarantees journalists access to military bases.
FALSE (they have to get approval)
The U.S. Supreme Court must always follow precedent.
(equity law is an example of not following precedent)
The Espionage Act of 1917 is no longer enforced
Which case permitted the burning of the American flag?
Texas vs Johnson
What was the precedent in Morse vs. Frederick?
Tinker vs. Des Moines School District
California Penal Code Section 187 is an example of:
statutory law (CA Penal Code 187 states that murder is illegal) (statutory law: written law formally enacted by city, county, state, and federal legislative bodies)
The U.S. Supreme Court ruled in Walker vs. Texas Division, Sons of Confederate Veterans that the 1st Amendment prohibited the government from denying citizens the right to put confederate flags on a license plate.
. General William Westmoreland had to prove which standard of fault in his libel case against CBS, Inc.?
In a libel case, the plaintiff may only be identified by his/her name.
FALSE (nickname or description works)
Federal Communications Commission regulations are examples of:
If National Public Radio writes a legal brief supporting one of the parties in Elonis vs. United States, it is called:
amici curiae : -"friends of the court"
Which type of court determines if the law has been properly applied?
New York Times, Co. vs. United States is a:
administrative law case
The preferred position balancing test favors the 1st Amendment.
In most states, the statute of limitations in a libel case is generally:
1 or 2 years
Which of the following receives the highest level of 1st Amendment protection?
Time, place and manner restrictions must be:
content neutral (doesn't ban all communication, justified by state interest, rule is narrowly tailored)
Which is an example of a traditional public forum?
a public sidewalk
Which case analyzed the term "fighting words"?
Chaplinsky vs. New Hampshire
. When the U.S. Supreme Court orders a lower court to send it a case, the document is called
writ of certiorari
High school students always enjoy 1st Amendment rights without government interference.
. Which of the following are designed to punish the defendant in a libel lawsuit?
The number of justices on the U.S. Supreme Court is
The standard of fault for public officials and all-purpose public figures is negligence
false (private individuals) (public officials-malice)
In Flynt vs. Rumsfeld, the U.S. Supreme Court held that journalists have a 1st Amendment right to report on wars from the battlefield.
. In New York Times, Co. vs. Sullivan, the U.S. Supreme Court ruled that Sullivan had to prove:.
Facebook may not sue for libel
Elmer Gertz of Gertz vs. Robert Welch, Inc. was a high profile lawyer in Chicago and considered a:
In Snyder vs. Phelps, the U.S. Supreme Court ruled that the privacy of relatives during a funeral outweighed the 1st Amendment rights of protestors..
All government employees are considered public officials in a libel lawsuit
Libel injures a person's
Summary judgment motions are made:
The defense of qualified privilege covers comments made during a session of the legislature but not during a trial.
A plaintiff may not sue for libel for words posted online.
Temporary restraining orders and preliminary injunctions are examples of
What is the minimum number of U.S. District Courts in each state?
(courts of appeal-13, supreme court- 1)
The President of the United States is the only elected official who may issue an executive order.
FALSE (any executive official)
When the clerk of the court in Kentucky refused to issue marriage licenses to same sex couples, the federal judge found her in contempt and
. The five elements that a plaintiff must successfully demonstrate in a libel suit against the mass media are
publication, identification, harm, falsity and fault.
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