Test bank For Mass Media Law, 22nd Edition Clay Calvert, Dan V. Kozlowski and Derigan Silver Chapter 1-16 Answer are at the End of Each chapter Chapter 1
Student name:__________ TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false. 1) State constitutions can give additional rights, apart from those provided by the U.S. Constitution. ⊚ true ⊚ false 2) The Supreme Court has original jurisdiction in disputes between two or more states. ⊚ true ⊚ false 3) Juries sit in appellate court proceedings. ⊚ true ⊚ false
MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question. 4) The common law is A) a deductive system of law where the rules are expounded first and then the court decides the legal situation under the existing rules. B) an inductive system of law in which a legal rule is arrived at after consideration of a great many specific instances or cases. C) an administrative system of law in which a government official uses a panel of common citizens to develop the rule of law. D) a legislative system of law that operates at the state and local levels. 5) In the legal citation 539 U.S. 558 (2003), the number 558 refers to the A) docket number of the case. B) volume of the reporter which contains the case. C) first page number of the case. D) federal judicial number of the case.
6) The concept of "statutory construction" best refers to the process of A) legislative bodies creating and drafting the common law. B) legislative bodies creating and drafting statutes. C) courts and judges interpreting the meaning of the common law. D) courts and judges interpreting the meaning of statutes. 7) The U.S. Supreme Court's 2018 ruling in Janus v. American Federation of State, County &
Municipal Employees was an example of the Supreme Court A) following the doctrine of stare decisis. B) not following the doctrine of stare decisis. C) applying the void for vagueness doctrine. D) applying both the void for vagueness doctrine and the overbreadth doctrine. 8) A justice who agrees with the result reached by the majority of the court, but who does not
agree with majority’s reasoning or who wants to emphasize a point ignored by the majority can write is known as a A) concurring opinion. B) dissenting opinion. C) plurality opinion. D) per curiam opinion. 9) The Congress has the authority to abolish every federal court in the land, except for the U.S.
Supreme Court, because A) the Congress is the supreme government institution and it represents the people. B) the Congress controls the federal budget, including the budget for the courts. C) the Constitution specifically calls for only one court, the Supreme Court. D) federal judges are appointed by the Congress. 10) What is the Supreme Court doing when it issues a writ of certiorari? A) It is ordering a lower court to rehear a case. B) It is overturning a previous Supreme Court ruling. C) It is agreeing to hear the appeal of a lower court ruling. D) It is rejecting an appeal to rehear a case, noting that it is certain its first ruling was
correct. 11) A per curiam opinion is A) an unsigned opinion from an appellate court. B) an opinion issued by an attorney general. C) an opinion by a judge or justice who disagrees with the majority opinion. D) a written legal argument prepared by an attorney.
12) When it comes to granting a petition for a writ of certiorari, the U.S. Supreme Court applies
the A) B) C) D)
rule of three. rule of four. rule of five. rule of six.
13) Which statement about U.S. Courts of Appeals is correct? A) Each state has its own U.S. Court of Appeals. B) There are four U.S. Courts of Appeals—one each for the Eastern, Western, Southern,
and Northern United States. C) There are 13 circuits of the U.S. Courts of Appeals. D) There are nine U.S. Courts of Appeals, one for each justice on the Supreme Court. 14) The U.S. Supreme Court today typically agrees to hear A) fewer than 100 cases each year. B) between 100 and 150 cases each year. C) between 150 and 250 cases each year. D) more than 250 cases each year. 15) A trial held before a judge and without a jury is known as A) a habeas corpus trial. B) a bar trial. C) an en banc trial. D) a bench trial. 16) Organizations or entities that are not parties to a case but that nonetheless hold a vested
interest or concern with its outcome can sometimes file which types of briefs? A) habeas corpus B) stare decisis C) amici curiae D) ergo proctor hocs FILL IN THE BLANK. Write the word or phrase that best completes each statement or answers the question. 17) According to Roscoe Pound, law can be defined as_________ engineering. 18) Common law sometimes is known as_________-made law.
19) The party that commences and files a civil lawsuit against someone else is known as
the_________. SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question. 20) List the five sources of law.
21) List the four different options that courts have when offered a case as precedent by an
attorney for one of the parties in a lawsuit.
22) List three typical forms of judicial decrees in equity law.
23) In addition to naming the parties in a case, identify three things that a complaint filed in a
civil law case will include.
24) What is the legal test or rule for determining when a statute will be declared void for
vagueness?
25) A court will generally overrule a precedent only when there are changes in what three things?
26) What are the two primary ways to argue that a statute violates the First Amendment?
Answer Key Test name: chapter 1 1) TRUE 2) TRUE 3) FALSE 4) B 5) C 6) D 7) B 8) A 9) C 10) C 11) A 12) B 13) C 14) A 15) D 16) C 17) social 18) judge (judge-made) 19) plaintiff 20) Short Answer
The five sources of law are as follows: 1) common law; 2) equity law; 3) statutory law; 4) constitutional law; and 5) executive orders and administrative rules. 21) Short Answer
The four different options that courts have are as follows: 1) follow/accept it; 2) modify/update it; 3) distinguish it; and 4) overrule it. 22) Short Answer
Three typical forms of judicial decrees in equity law are as follows: 1) temporary restraining orders (TRO); 2) preliminary injunctions; and 3) permanent injunctions. 23) Short Answer
The complaint will include the following: 1) a statement of the relevant facts upon which the plaintiff is suing; 2) the legal theory or theories (known as causes of action) upon which the plaintiff is suing; and 3) a request for a remedy or relief (typically, the plaintiff requests monetary damages in a civil lawsuit, although equitable relief also can be sought in some instances). 24) Short Answer
A law will be declared void for vagueness if a person of reasonable and ordinary intelligence would not be able to tell, from looking at its terms, what speech is allowed and what speech is prohibited. Put differently, people of ordinary intelligence should not have to guess at a statute's meaning. 25) Short Answer
Courts generally overrule prior options as bad law only when there are changes in: 1) factual knowledge and circumstances; 2) social mores and values; and/or 3) the judges/justices on the court. 26) Short Answer
(1) By attacking problems with its wording, terms and language (known as a facial attack) (2) By attacking problems with its actual application to a particular factual scenario (known as an asapplied attack)
Student name:__________ TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false. 27) The outcome of the seditious libel trial involving John Peter Zenger represents an example of jury nullification. ⊚ true ⊚ false 28) The counterspeech doctrine maintains that the remedy for speech that offends us is not
censorship or violence, but rather the remedy is to add more speech to the marketplace of ideas to counteract or contradict the disagreeable speech. ⊚ true ⊚ false 29) Initially, the First Amendment was an effective tool in blocking prosecutions under the
Espionage Act of 1917. ⊚ true ⊚ false 30) The First Amendment protects only against government censorship. ⊚ true ⊚ false 31) The First Amendment safeguards, or protects, unpeaceful riots or looting. ⊚ true ⊚ false 32) Viewpoint-based discrimination is a subset of content-based regulation and is considered
even worse than a content-based regulation. ⊚ true ⊚ false MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question. 33) In 2011, the U.S. Supreme Court in Brown v. Entertainment Merchants Association A) upheld a law that allowed the censorship of sexually explicit movies. B) struck down a law that allowed the censorship of sexually explicit movies. C) upheld a law that restricted minors' access to violent video games. D) struck down a law that restricted minors' access to violent video games.
34) Laws limiting minors' access to video games depicting violent images are subject to the
standard of judicial review known as A) intermediate scrutiny. B) reasonable review. C) strict scrutiny. D) rigorous review. 35) The primary goal of free speech in Meiklejohnian theory is A) self-realization. B) the voting of wise decisions. C) protecting artistic expression. D) discovery of the truth. 36) The U.S. Supreme Court's 2012 ruling in United States v. Alvarez struck down part of a
federal law known as the A) Stolen Valor Act. B) Patriot Act. C) Anti-Terrorism Prosecution Act. D) Sedition Act. 37) According to the textbook, a great "historical myth" regarding the First Amendment is that A) it only protects political speech. B) John Peter Zenger was the individual who drafted it. C) it is first because it is the most important right. D) George Washington was the individual who drafted it. 38) The 2009 appellate court ruling in Plame Wilson v. Central Intelligence Agency best
illustrates the point that A) government employees who sign secrecy agreements may be subject to prior restraints. B) community censorship of the speech of government employees is unconstitutional. C) jury nullification is a key problem in cases involving the Central Intelligence Agency. D) the access theory supports the disclosure of Central Intelligence Agency documents. 39) As described in the textbook, the access theory of freedom of expression can be seen as a
remedy to correct some of the flaws with which one of the following other theories? A) Meiklejohnian theory B) marketplace of ideas theory C) absolutist theory D) self-realization theory
40) The incorporation doctrine links the First Amendment with the A) Second Amendment. B) Third Amendment. C) Tenth Amendment. D) Fourteenth Amendment. 41) The Brandenburg test for incitement is also commonly used in A) libel cases. B) invasion of privacy cases that involve the intrusion tort. C) obscenity cases. D) wrongful death actions aimed at the mass media. 42) The case of United States v. Bell involved a prior restraint on A) national security secrets. B) fraudulent tax advice. C) a newspaper publishing false statements about public officials. D) a newspaper publishing false statements about a child.
FILL IN THE BLANK. Write the word or phrase that best completes each statement or answers the question. 43) The First Amendment was adopted in the year_________. 44) The balancing theory that weighs the interests in any situation on a case-by-case basis is
known as_________ balancing. 45) In order to justify a regulation on speech under the strict scrutiny standard of judicial review,
the government must prove that it has a_________ interest. SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question. 46) Explain what "community censorship" means and provide an example of it.
47) Set forth the four components or elements of the test articulated by the U.S. Supreme Court
in Brandenburg v. Ohio.
48) Identify the two basic elements or parts of the symbolic speech doctrine.
49) As listed and described in the textbook, set forth the four key rules that are important to
understand when the government engages in a prior restraint on speech.
50) Explain what is meant by absolutist theory.
51) Explain the distinction between content-based and content-neutral regulations.