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| 1 | |
Which of the following professions might be party to a libel suit? |
| | A) | Advertising copywriter |
| | B) | Public relations representative |
| | C) | Online journalist |
| | D) | All of the above |
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| 2 | |
Libel suits filed against the mass media: |
| | A) | Are rarely won by plaintiffs if they reach the trial stage. |
| | B) | Almost always result in large out-of-court settlements in excess of a million dollars. |
| | C) | Expend a lot of time and money just to defend. |
| | D) | Often result in criminal penalties like jail time. |
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| 3 | |
Even though it consists of many legal components, libel may generally be described as the publication or broadcast of: |
| | A) | An insult that directly harms the feelings of another individual. |
| | B) | A statement that injures someone's reputation in the community. |
| | C) | A story that critically attacks and harms another person. |
| | D) | False or misleading information about an individual or organization. |
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| 4 | |
Since its inception, a primary rationale behind libel is to: |
| | A) | Allow an injured party to repair any damage that has been caused through libelous material. |
| | B) | Restore the publisher's reputation through the awarding of monetary damages. |
| | C) | Prevent the publication or broadcast of material that may not be in the public's best interest. |
| | D) | Establish a code of conduct for the press. |
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| 5 | |
The defendants named in a SLAPP suit often involve: |
| | A) | Large media conglomerates attempting to access concealed information. |
| | B) | Corporations who have already filed a libel suit. |
| | C) | Citizen groups who criticize a company's operations or conduct. |
| | D) | Local governments who have meetings closed to the public. |
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| 6 | |
The five elements that a plaintiff must successfully demonstrate in a libel suit against the mass media are: |
| | A) | Publication, identification, harm, defamation, and falsity. |
| | B) | Publication, identification, slander, falsity, and fault. |
| | C) | Identification, harm, defamation, falsity, and malice. |
| | D) | Publication, identification, defamation, falsity, and fault |
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| 7 | |
Recent trends indicate that when people or companies are aware they won't be able to prove the necessary elements for libel they: |
| | A) | Simply refuse to bring any legal claims forward. |
| | B) | May bring forward claims that center on the conduct of journalists (e.g. trespass, breach of contract). |
| | C) | Often bring forward slander claims. |
| | D) | None of the above. |
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| 8 | |
If a local station affiliate airs a defamatory story that runs during the network evening news, the local station: |
| | A) | May be sued for libel. |
| | B) | May be sued for libel, but only if there was scienter. |
| | C) | May be sued for republication. |
| | D) | May not be sued for libel. |
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| 9 | |
An important element of defamation includes demonstrating that the communication: |
| | A) | Damaged a person's own perception of who they are. |
| | B) | Resulted in actual harm to a person's reputation. |
| | C) | Reached a significant majority of the population. |
| | D) | All of the above. |
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| 10 | |
In order for publication to occur in a libel suit against a newspaper a plaintiff must show that: |
| | A) | A significant number of readers saw the material. |
| | B) | The plaintiff personally saw the material. |
| | C) | One additional person, other than the writer and person defamed, saw the material. |
| | D) | The newspaper actually printed the material in question. |
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| 11 | |
Libelous publication on the Internet may occur in the form of: |
| | A) | E-mail. |
| | B) | Web page. |
| | C) | Real-time chat. |
| | D) | All of the above. |
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| 12 | |
As a result of the Communications Decency Act of 1996, online service providers (OSPs) like America Online who are the subject of libel suits based in the U.S.: |
| | A) | Are not liable for publishing defamatory material that originates from a third party. |
| | B) | Must monitor and censor communication over their network to prevent the publication of libelous communication. |
| | C) | May be held liable for all defamatory material that is carried on its network. |
| | D) | Must enable defamed parties a right of reply. |
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| 13 | |
In regards to a libel suit, identification: |
| | A) | May not be proven in novels or other fictional works. |
| | B) | Must be known to all readers or viewers. |
| | C) | May be demonstrated even if the person is not identified directly by name. |
| | D) | Must refer to a specific individual, not a group of people no matter how small. |
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| 14 | |
What is the difference between defamatory words that are libelous on their face and words that are innocent on their face? |
| | A) | Words that are libelous on their face were used with specific defamatory intent to injure a person while words that are innocent were accidentally used. |
| | B) | Words that are libelous on their face always carry a defamatory effect while words that are innocent require the knowledge of other facts to become defamatory. |
| | C) | The term "libelous on their face" is generally used by plaintiffs while "innocent on their face" is used by defendants. |
| | D) | The terms are used interchangeably today to refer to defamation. |
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| 15 | |
In Raye vs. Letterman (1987), the court determined defamation did not take place because: |
| | A) | No one could reasonably understand Dave's remark to be true. |
| | B) | Humor may not rise to the level of defamation. |
| | C) | Opinion may not rise to the level of defamation. |
| | D) | Defamatory statements may not take place during talk shows. |
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| 16 | |
When a trial court is determining whether or not a statement is defamatory, the: |
| | A) | Judge must first rule upon whether the words are capable of defamatory meaning. |
| | B) | Judge or jury must determine if the words convey a defamatory meaning. |
| | C) | Judge and jury usually consider the ordinary meaning of the alleged defamatory words. |
| | D) | All of the above. |
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| 17 | |
Based upon the ruling in Kaelin v. Globe Communications Corp (1998), courts may determine an article is defamatory based upon: |
| | A) | Innuendo that appears in the story. |
| | B) | Innuendo that appears in a story's headline. |
| | C) | Direct accusations of murder that appear in the story. |
| | D) | Hearsay that appears in the story. |
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| 18 | |
Employing the term alleged in a story when dealing with criminal accusations: |
| | A) | Always protects a reporter from a defamation suit. |
| | B) | Explicitly implies that a criminal charge has been made by law enforcement. |
| | C) | Fails to provide a reporter with the necessary protection from a libel claim. |
| | D) | Should be used only when the state has failed to file formal charges. |
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| 19 | |
If not used accurately, which of the following categories of words may result in defamatory meaning: |
| | A) | Sexual promiscuity. |
| | B) | Personal habits and traits. |
| | C) | Ridicule. |
| | D) | All of the above. |
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| 20 | |
If a story alleges an individual home was constructed poorly, the single mistake rule: |
| | A) | Enables the home-builder to file a libel suit against a journalist. |
| | B) | Protects a reporter from libel unless the story suggests a pattern of incompetence. |
| | C) | Requires a retraction and apology if the journalist was merely stating an opinion. |
| | D) | None of the above. |
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| 21 | |
In states that have adopted a survival statute: |
| | A) | It may be possible to continue a libel suit even if the plaintiff dies. |
| | B) | Relatives of a deceased person who has been defamed may file a libel suit. |
| | C) | Damage awards won from successful libel suits may be passed on to heirs. |
| | D) | All of the above. |
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| 22 | |
Trade libel refers directly to: |
| | A) | The selling and exchange practices involved in federal commerce. |
| | B) | Defamation on an industry-wide basis. |
| | C) | The loss of income due to defamatory communications that attack a company. |
| | D) | Criticism of a product. |
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| 23 | |
In Texas Beef Group vs. Winfrey (2000), the U.S. Court of Appeals for the Fifth Circuit: |
| | A) | Affirmed the dismissal of the libel claim because no knowingly false statements had been stated about cattle. |
| | B) | Overturned the dismissal of the libel claim because of the veggie hate law. |
| | C) | Affirmed the libel damage award because Winfrey made defamatory statements of fact. |
| | D) | Ruled that the veggie hate laws are unconstitutional because they are content-based restrictions. |
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| 24 | |
When an article defames a private person but addresses issues of public importance: |
| | A) | The court will decide whether or not the defendant or plaintiff has to demonstrate falsity. |
| | B) | The defendant must demonstrate falsity. |
| | C) | The plaintiff must demonstrate falsity. |
| | D) | Falsity matters, but only if the defamatory material occurred within the context of discussing an important public issue. |
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| 25 | |
In terms of falsity that may take place within the context of direct quotes: |
| | A) | A plaintiff has to demonstrate that they were misquoted. |
| | B) | A plaintiff has to demonstrate that quotes were made up out of thin air. |
| | C) | A defendant may make minor word mistakes, just as long as the gist of the quoted material is true. |
| | D) | A defendant must prove that their tape recording malfunctioned during the interview. |
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