Media Law Test 3

Front 1

damages

Back 1

monetary compensation that may be recovered in court by any person who has suffered injury or loss.

Front 2

seditious libel

Back 2

communication meant to incite people to change the government, criticism of the government

Front 3

SLAPP

Back 3

strategic lawsuits against public participation. Libel suits who's purpose os to harass critics into silence, often those critics first amendment rights

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Communication Decency Act

Back 4

the part of the 1996 telecomm act that largely attempted to regulate internet content

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libel per se

Back 5

a statement whose injurious nature is apparent and requires no further proof

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libel per quod

Back 6

a statement who's injurious nature requires proof

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slander per se

Back 7

slander that is apparent and requires no proof

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slander per quod

Back 8

slander that requires proof

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negligence

Back 9

the failure to exercise reasonable or ordinary care. in libel law, the minimum level of fault a plaintiff must prove in order to receive damages

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actual malice

Back 10

a statement made knowing it is false or with reckless disregard for its truth

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deposition

Back 11

testimony by a witness conducted outside a courtroom and intended to be used in preparation for trial

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public figure

Back 12

a plaintiff who is in the public spotlight, usually voluntarily and must prove the defendant acted with actual malice in order to win damages

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all purpose public figure

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a person who occupies a position of such persuasive power and influence as to be deemed a public figure for all purposes.

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limited-purpose public figure

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plaintiffs who have attained public figure status within a narrow set of circumstances by thrusting themselves to the forefront of particular public controversies

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bootstrapping

Back 15

the forbidden practice of a defendant claiming that the plaintiff is a public figure solely on the basis of the statement that is the reason for the lawsuit

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involontary public figure

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a person who dies not necessarily thrust himself or herself into public controversy, but is drawn into a given issue

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private figure

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a plaintiff who cannot be categorized as a public figure or official

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fair report privilege

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a privilege claimed by journalists who report events on the basis of official records

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fair comment and criticism

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a common law privilege that protects critics from lawsuits brought by individuals in the public eye

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innocent construction

Back 20

allegedly libelous words that are capable of being interpreted, or con trued, to have an innocent meaning are not libelous

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neural reportage

Back 21

a defense of libel law that is accepted in some jurisdictions that says that when an accusation is made by a responsible and prominent organization, reporting that accusation is protected by the first amendment even when it turns out the accusation was false of libelous

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single publication rule

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a rule that limits libel victims to only one cause of action even with multiple publications of the libel, common in the mass media and on websites

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libel-proof plaintiff

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a plaintiff whose reputation is deemed to be so damaged already that additional false statement of and concerning him or her cannot cause further harm

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retraction statutes

Back 24

in libel law, state laws that limit the damages a plaintiff may receive if the defendant had issued a retraction of the material at issue

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false light

Back 25

making a person seem in the public eye to be someone he or she is not

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fact finder

Back 26

in a trial, a judge or the jury determining which facts presented in evidence are accurate

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appropriation

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using a person's name, picture,likeness, voice or identity for commercial or trade purposes without permission

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commercialization

Back 28

the appropriation tort used to protect people who want privacy

Front 29

artistic relevance test

Back 29

a test to determine whether the use of a celebrity's name, etc, is relevant to a disputed work's artistic purpose

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transformativeness test

Back 30

a test to determining whether a creator has transformed a person name,etc, for artistic purposes

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predominant use test

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a test to determining whether th defendant used the plaintiffs name or picture more for commercial purposes or for expressive

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intrusion upon seclusion

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physically or technologically disturbing another's reasonable expectation of privacy

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private facts

Back 33

the tort under which media are sued for publishing highly embarrassing private information that is not newsworthy or lawfully obtained from a public record

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moral rights

Back 34

the rights of artists to have their and only their name attached to their work

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statutory damages

Back 35

damages awarded under certain laws, including copyright, they can be awarded even if a plaintiff is unable to prove actual malice

Front 36

fair use

Back 36

a test courts use to determine whether using another's copyrighted material without permission is fair or an infringement.

Front 37

trademark

Back 37

a word, name, symbol, or design used to identify a company's goods and stings them from similar things