Ch2- Jourmalism Choices

Question 0

What does FOIA not replace?

Answer 0

FOIA does not replace the job of reporting. Develop your Own sources in govt. Be trusting and accurate. Do NOT wait on pending FOIA requests

Question 1

What is FOIA what does it mean ?

Answer 1

Freedom of information act. Facilitates access to govt info. Information on executive branch not leg. Or judicial

Question 2

What is an unnamed source who discloses secrets especially official information to the news or media

Answer 2

Leaker

Question 3

A person who has knowledge of and reports illegal or immoral activities

Answer 3

Whistleblower

Question 4

What is burden of proof?

Answer 4

Responsibility is placed on a party to prove or disprove a faction dispute

Question 5

Strict scrutiny

Answer 5

Most rigorous form or judicial review. Courts weigh govt interest against a constitutional right or principle

Question 6

Least restrictive means

Answer 6

There cannot be a less harmful to effectively achieve the good(least harmful way to create a law)

Question 7

Presumptively unconstitutional

Answer 7

Under strict scrutiny a govt action is assumed to be unconstitutional. Burden of proof is on the govt

Question 8

Why do we protect sources ?

Answer 8

We protect sources for legal and ethical reasons. Builds trust, code of ethics

Question 9

Prevents a party from withdrawing a promise made to a second party if the 2nd party has reasonably relied on that promise

Answer 9

Promissory estoppel

Question 10

What is an order to stand before court?

Answer 10

Subpoena

Question 11

What can the first amendment not regulate ?

Answer 11

It cannot regulate freedom of expression

Question 12

What is the grand jury?

Answer 12

Legal body empowered to investigate potential criminal conduct & determine whether criminal charges should be brought

Question 13

Absolute privilege

Answer 13

An absolute privilege will always protect a journalist from having to disclose any information. (Sources too)

Question 14

Qualified privilege

Answer 14

More common as states aim to strike an interest between reporter rights and legal needs

Question 15

shield laws

Answer 15

40 states have them, federal govt does not.level of protection varies by state. Some protect in civil but not criminal. Some protect in both

Question 16

What is property?

Answer 16

In legal terms it is the right to exclude someone for your property

Question 17

What is exclusive?what is lease?

Answer 17

Exclusive is ownership, lease is license

Question 18

Intellectual property

Answer 18

A product of your own mind, this can be protected under copyright law

Question 19

What can be copyrighted?

Answer 19

Protect an original work of authorship in any tangible media of expression

Question 20

Trademark

Answer 20

Words or symbols that signify a source of goods

Question 21

Affirmative defense

Answer 21

If you must prove various points in a case

Question 22

Copyright case: what must the plaintiff prove?

Answer 22

They must prove they had the original idea first and it was copied by someone else(defendant)
51 percent more likely then not

Question 23

What must you do with copyright?

Answer 23

You must register it at US Copyright office

Question 24

What is derivative work?

Answer 24

Adding details or things to a copy

Question 25

What cannot be copyrighted?

Answer 25

Facts cannot be copyrighted

Question 26

Scenes a fair

Answer 26

Typical scenes In a story. Such as big meets girl, mythical creates etc.

Question 27

What is idea/expression dichotomy

Answer 27

Ideas cannot be copyrighted. Only expressions can be copyrighted. Not the facts of the story. You may copy right the way words are put together

Question 28

Types of evidence

Answer 28

Witness
Documents
Things (gun, comparisons )

Question 29

Direct evidence

Answer 29

See it, hear it,speaks for itself

Question 30

Indirect

Answer 30

Substantial similarity

Question 31

Striking similarity

Answer 31

Way to prove actual copying

Question 32

Negating defenses

Answer 32

Not original
Not unauthorized- has permission
First sale doctrine

Question 33

First sale doctrine

Answer 33

Doctrine permits the purchaser of a legal copy of a copyrighted work to treat copy in anyway desired as long as the copyright owners exclusive rights are not infringed

Question 34

Library of congress

Answer 34

U.S. Copyright office location