Deck 11: Legal

Question 1

Justice Breyer says in his 2015 book The Court and the World: American Law and the New Global Realities, "At a moment when ordinary citizens may engage in direct transactions internationally for services available only locally before, it has become clear that, even in ordinary matters, judicial awareness can longer stop____________."

A) Criminal activity
B) At the border
C) Public relations mistakes
D) In the courtroom

Answer 1

B

Question 2

At its core, the practice of public relations in democratic societies is a communication function dependent on __________.

A) Commercial speech
B) Political speech
C) Free speech
D) Informed speech

Answer 2

C

Question 3

Public relations professionals must be aware that it is important to obtain permission (or seek legal counsel) before publicly discussing private information about any current or past __________.

A) Acquaintance
B) Employee
C) Colleague
D) Friend

Answer 3

B

Question 4

Legally speaking, __________ is a statement that injures someone's reputation.

A) Defamation
B) Backstabbing
C) Deprecation
D) Vilification

Question 5

Susan is the head of a PR firm in New York. She searches to hire a PR media specialist. In addition to a resume, she asks the applicants to write a personal statement about themselves and their goals. To filter the applicants, she puts quotation marks around a couple of sentences in the personal statement and discovers that one of the applicants used the exact words and phrases from someone else's statement. What she found is known as __________.

A) Plagiarism
B) Patent infringement
C) Trademark infringement
D) Counterfeiting

Question 6

Profiting from someone else's work or taking it out of context without permission can be treated as a form of stealing and is legally termed __________.

A) Literary theft
B) Trademark infringement
C) Copyright infringement
D) Fraud

Question 7

Courtney is a media specialist with the sports website SBNation. She is aware of baseball's disclaimer "Any rebroadcast, retransmission, or account of this game, without the express written consent of Major League Baseball, is prohibited." She posts short GIFs of key MLB plays on SBNation. This is an example of applying the concept of _____________.

A) The marketplace of ideas
B) Social media fraud
C) Fair use
D) Social media innovation

Question 8

In 2002, National Public Radio (NPR) tried to make users obtain permission to link to stories with a policy stating, "Linking to or framing of any material on this site without the prior written consent of NPR is prohibited." It did not go over well. Author and Boing Boing editor Cory Doctorow called the policy "brutally stupid," in that an organization dedicated to public discourse would obstruct users from accessing content that would otherwise be freely available. This special type of link NPR tried to block is known as a ___________.

A) Shallow link
B) Hyperlink
C) Bridge link
D) Deep link

Question 9

Miley is challenged for sharing someone else's intellectual property on Facebook without permission. Online sharing that may have legal implications is known as __________.

A) Linking
B) Reposting
C) Framing
D) Social media gossip

Question 10

William works for the U.S. federal government in the Department of Energy. He is responsible for providing information to U.S. citizens. He received a request from a citizen for the location of oil and gas wells in Texas. William declined the request. Under what federal law did he justify his response?

A) Renewable Energy Act (REA)
B) Freedom of Information Act (FOIA)
C) Environmental Management Act (EMA)
D) Fossil Energy Act (FEA)

Question 11

Depending on the area of public relations that you work in, you will need to become familiar with various government agencies that are responsible for protecting your key publics. For example, one of your publics is concerned about the ingredients in antibacterial handwashing soap. What agency would be involved in this area?

A) The Federal Trade Commission (FTC)
B) Securities and Exchange Commission (SEC)
C) The Occupational Safety and Health Administration (OSHA)
D) The Food and Drug Administration (FDA)

Question 12

Fitbit, the company that makes fitness tracking bracelets, went public in 2015 and hired two major public relations agencies, Fleishman Hillard and Burson-Marsteller, to help it gear up to sell more than 22 million shares of stock. This is an example of what financial event that usually involves public relations firms?

A) NYSE meet and greet
B) Stock split
C) Initial public offering
D) Ringing the opening bell

Question 13

Benjamin, a public relations media specialist, is assigned Amazon as a client. His responsibilities include tracking and forecasting customers' interactions with Amazon by both collecting and analyzing data that will help Amazon better serve its customers. This process is an example of _________.

A) Client service management (CSM)
B) Prospect relationship management (PRM)
C) Shopper relationship management (SRM)
D) Customer relationship management (CRM)

Question 14

Abercrombie & Fitch made a YouTube video titled "Super C-U-T-E," featuring a model who looked a lot like Paris Hilton, and the video registered more than 2 million views. When Hilton sued, the video was removed from YouTube. This lawsuit falls into what category of privacy issues?

A) Public disclosure of private facts
B) Social media publicity
C) Appropriation of likeness or identity
D) Appropriation of appearance

Question 15

Cayce works for a public relations firm. He has set up separate Facebook accounts, one for his personal network and one for his business network. Cayce decided to have two separate accounts because organizations can legally claim ownership of an employee's social media account __________.

A) In certain circumstances
B) In every circumstance
C) Under no circumstance
D) In the legal sense

Question 16

Soleil noticed her class textbook was much less expensive in her home country than in the United States, where she attends college. She asks her mother to purchase a few copies in her home country and mail them to her at college. Soleil kept one book for herself, but sold the remaining copies to some of her classmates. This action was legal under the _______ because she lawfully purchased the copies abroad.

A) Publishing proclamation
B) International court
C) Abroad clause
D) First sale doctrine

Question 17

____________ is any product of the human mind that is protected by law from unauthorized use by others.

A) Intellectual property
B) Legal protective property
C) Personal information
D) Custodial property

Question 18

While ______ may have been originally defined as "the right to be let alone," in the context of data protection, it can also be defined as someone's right to control access to and use of their personal information.

A) Piracy
B) Seclusion
C) Privacy
D) Confidentiality

Question 19

Miao works as an account executive in a public relations agency. She has been reading blogs on public relations law because she wants to increase her ________ to help determine legal issues for herself and her clients.

A) Knowledge of business regulations
B) Literacy
C) Judicial awareness
D) Intellectual property rights

Question 20

In a classic 1919 Supreme Court opinion, Justice Oliver Wendell Holmes wrote that you cannot falsely yell "Fire!" in a crowded theater and cause a panic. Some circumstances present enough of a possibility of harmful outcomes that they justify limits on First Amendment freedoms-this type of circumstance is sometimes called __________.

A) Best practices doctrine
B) Overreaching doctrine
C) Censorship doctrine
D) The clear and present danger doctrine

Question 21

Limitations on __________ kick in when your rights infringe on other's rights, reputations, intellectual property, financial interests, or privacy.

A) Free Speech
B) Campaigning
C) Publishing
D) Advocating

Question 22

When journalists Kantor and Streitfeld from the New York Times published a harsh article describing Amazon as a "bruising workplace," Amazon responded with a published post of its own. What legal right did both the New York Times and Amazon exercise?

A) Right of First Refusal
B) Clear and Present Doctrine
C) Copyright Protection
D) The First Amendment

Question 23

An executive from a fast-food restaurant lied to a reporter by claiming something negative about a competitor. This executive was trying to damage the competitor's reputation and harm the business. From a legal perspective, this executive's behaviour could be considered _________.

A) Falsehoods
B) Slander
C) Libel
D) Rumors

Question 24

If you, as a public relations professional, work for a public figure, for example, a politician, a celebrity, or a CEO, the standard for claiming libel is much higher than if you represent __________.

A) A non-profit organization
B) A private citizen
C) A newspaper
D) Facebook friends

Question 25

Following a dispute over payments for wardrobe items, Courtney Love Cobain tweeted to her many Twitter followers that fashion designer Dawn Simorangkir was a "nasty lying hosebag thief" and encouraged police to arrest her for dealing drugs, assault and burglary. These claims weren't true, and the two settled out of court. Since Cobain's false comments were made on twitter, they could be called __________.

A) Twibel
B) Defamatweetion
C) Twittander
D) Tweetlie

Question 26

In cases of defamation, public figures have to deal with libelous comments unless they can prove ___________. This means that the statements were "made with knowledge of its falsity or with reckless disregard of whether it was true or false," according to the Supreme Court in New York Times Co. v. Sullivan.

A) Actual harm
B) Actual malice
C) Actual intent
D) Actual impact

Question 27

Mike is a photographer many public relations professionals hire to take photos at various events. In every case, the photos Mike takes are original and his own work. In this case, Mike technically owns the ___________ for these photos, though he may license their use to the PR people who hire him.

A) Patent
B) Trademark
C) Copyright
D) Registration

Question 28

While trademarks are any words, names, phrases, symbols or designs used to distinguish a product or service from others in the competitive marketplace, ___________ cover the inventions themselves.

A) Patents
B) Copyrights
C) Licenses
D) Fair Use

Question 29

Wyatt is conscientious and wants to make sure his clients do not get into legal trouble because of his actions. For example, to avoid ____________, Wyatt carefully attributes words or specific ideas if they are not his own.

A) Slander
B) Plagiarism
C) Trademark infringement
D) Retribution

Question 30

Elianna is editing a video her client will distribute via paid downloads. She wants to use a Jack Johnson song as the soundtrack, but fails to get permission to use the material. As a result, Elianna is committing __________.

A) Patent violation
B) Fraud
C) Trademark infraction
D) Copyright infringement

Question 31

According to the U.S. Copyright Office, four factors are taken into consideration when determining whether use of copyrighted material without permission qualifies as __________. Some of these factors include the nature of the copyrighted work and the amount and substantiality of the portion taken in relation to the copyrighted work as a whole.

A) Creative commons
B) Plagiarism
C) Fair use
D) Licensed

Question 32

In the age of participatory media, users have to balance enthusiastic participation in a culture of sharing with respect for _________. Therefore, social media users should use caution when posting anything that may be seen as offensive or illegal.

A) Twitter terms of service
B) Royalty-free licenses
C) Publication guidelines
D) Intellectual property

Question 33

Rowan is hoping to build up her reputation as a graphic designer. She wants to make some of her poster templates available for others to use, share, revise and redistribute. She is working with ______________ to designate the permissions she wants to allow. Rowan simply answers some questions to help determine rules for licensing out her work to protect herself and licensors.

A) Creative Commons
B) Creative Registry
C) Legal License Agreements
D) Legal Protection Agency

Question 34

When a web page includes a clickable photo, graphic, or chunk of text from another page, that is considered ______________, which at least one court has found to be copyright infringement when the link duplicates or recasts material from the original page.

A) Deep linking
B) Framing
C) Chunking
D) Shadowing

Question 35

Preston, a public information officer for a federal government agency, is working on new ways of making his agency's information available in a useful form, instead of merely responding to requests. Preston has a legal obligation to proactively improve the delivery of information for public consumption as part of the _______________.

A) Public Records Availability Act
B) Freedom of Information Act
C) Citizens Right to Know Act
D) Public Information Act

Question 36

Archer works in state government, and according to the __________, he must make certain state documents, records, meetings, and events open to the public.

A) Lantern laws
B) Radiance laws
C) Sunshine laws
D) Glimmer laws

Question 37

Aphrodite is a public relations professional whose client builds wind turbines and makes the claim that their product is environmentally friendly and unobtrusive. Which government agency would require evidence to back up those claims?
Age reference: Safety and Accuracy

A) The Alternative Energy Agency (AEA)
B) The Federal Trade Commission (FTC)
C) The Department of Energy (DOE)
D) The Wind Energy Agency (WEA)

Question 38

Renee and her firm, Fraser Communications, were contacted by Google for marketing and public relations support during its acquisition of LinkedIn. The very next day after agreeing to take on Google as a client, Renee bought 10,000 shares of LinkedIn stock. She sold all of her shares after the stock's price jumped 55 percent after the public announcement of the acquisition. She was caught and fined by the government. Her actions are an example of ____________.

A) Insider trading
B) Outbound trading
C) Conspiracy trading
D) Crony trading

Question 39

Laurel is the head of investor relations for a publicly held company. As part of her job, she writes, edits, and presents annual reports, quarterly reports, and material news releases. The government agency that regulates these reports is the _____________.

A) Securities and Exchange Commission (SEC)
B) Federal Reserve Board (FRB)
C) Federal Deposit Insurance Corporation (FDIC)
D) Consumer Financial Protection Bureau (CFPB)

Question 40

Elon Musk has been in legal trouble due to tweets from his personal account about Tesla. Why does the government have a right to control his communication?

A) Musk is a public figure and his tweets influence the stock market
B) The government can control the personal social media accounts of all CEOs
C) Private citizens receive less constitutional protections than public figures
D) The government can have authority over any social media accounts over a certain size

Question 41

Elsie heard about an employee winning a local community service award and thought this was a great post for the company's blog. Elsie found the information online she needed to write the post. Elsie didn't have time to ask this employee for a photo, so she took one from the employee's Facebook page. Even though she had positive intentions, Elsie ______________.

A) Violated the employee's First Amendment rights
B) Plagiarized
C) Violated the employee's privacy
D) Violated the Facebook license agreement

Question 42

__________ is what most people think of when they hear "invasion of privacy." It includes trespassing into someone's private space such as a home or car, but it also includes electronic surveillance to access online activity that someone could reasonably expect to be private.

A) Portrayal in a false light
B) Hacking
C) Intrusion into seclusion
D) Defamation

Question 43

A Southwest Airlines gate agent sued a customer for social media complaints that the agent felt cast her in a false light. The customer ranted on Twitter and Facebook, specifically calling out the gate agent by name, when not allowed to board a flight at the same time as her young children. A court ruled that the customer's tweet skewed the incident and portrayed the agent in such a way that it actually caused her harm. Legally, this is known as _________.

A) Demoted defamation
B) Portrayal in a false light
C) Public disclosure of private facts
D) Intrusion into seclusion

Question 44

According to Cayce Myers, _________ are trained to be risk adverse and see communication of any kind, even good PR, as potential evidence. As a result, they will probably always have some level of disagreement with PR practitioners.

A) Executives
B) Journalists
C) Regulators
D) Lawyers

Question 45

Kentucky Fried Chicken has kept the ingredients of its famous chicken coating locked up in a safe for decades and only a few people know the combination. This information is not generally known to others and is not readily available to others who could profit from its disclosure or use. Maria is the public relations specialist who safeguards this information, which is known in business law as __________.

A) The secret sauce
B) Classified information
C) The secret method
D) A trade secret