Deck 7: The Law

Question 1

How did Taco Bell respond to a lawsuit that claimed its taco mixture had more fiber than meat?

A) It ignored the claims and asked for a private hearing
B) It made a video thanking the people for suing them
C) They decreased the amount of fiber in their taco mixture
D) They sued Facebook and YouTube

Answer 1

It made a video thanking the people for suing them

Question 2

How does advice to clients from lawyers differ from advice given clients by public relations practitioners?

A) Lawyers advise clients what they should do, within the letter of legal requirements, to defend themselves in the court of public opinion.
B) Public relations practitioners advise clients what they must do to defend themselves in a court of law.
C) Lawyers advise clients what they should do, within the letter of legal requirements, to defend themselves in a court of law.
D) Public relations practitioners advise clients what they should do to defend themselves in the court of public opinion.

Answer 2

Public relations practitioners advise clients what they should do to defend themselves in the court of public opinion.

Question 3

Careful analysis of law and ethics leads to the conclusion that

A) many illegal activities are also unethical.
B) ethics lays the foundation for laws.
C) lawyers are at heart ethicists.
D) legal advice and ethical advice are essentially the same.

Answer 3

many illegal activities are also unethical.

Question 4

Which of the following is NOT true about the First Amendment?

A) Discussions about law and public relations should start with it.
B) A court did not agree with the interpretation of it in the Judith Miller case.
C) Public relations practitioners should disregard it as they go about their business.
D) Even the U.S. government must act responsibly under it.

Question 5

One person's definition of obscenity

A) may force the media to disregard deep-held beliefs.
B) may force a defendant to use "no comment" as a legitimate response to media inquiries.
C) may force courts to suppress information.
D) may force another person to claim there is a violation in freedom of expression.

Question 6

In 2006, cartoons about the prophet Muhammad run by an obscure Danish newspaper were

A) for much of the Western world, a violation of the First amendment.
B) for much of the Western world, an example of "freedom of expression."
C) for most Muslims, an example of public relations at its worst.
D) for most Muslims, an example of "freedom of expression."

Question 7

The umbrella term to describe slander and libel is

A) "freedom of expression."
B) obscenity.
C) defamation.
D) tastelessness.

Question 8

Which of the following may NOT constitute defamation of character in the U.S.?

A) A falsehood about someone is communicated through print, broadcast, or other electronic means.
B) Media libel or slander a celebrity who is identified, or who could easily be identified.
C) An ordinary citizen experiences injury - in the form of losses in money, reputation or mental stability - based on what was written or said.
D) Media libel or slander an ordinary citizen who is identified, or who could easily be identified.

Question 9

The $50 million case of Israeli General Ariel Sharon against Time magazine

A) was about obscenity.
B) was a slander case challenging the right of people to bear arms.
C) was a case in which the jury felt Time was negligent but had not acted with "malice."
D) was about a paper covering an attempt of a police officer to cover up what had transpired.

Question 10

In the 21^st century, with more and more cable and radio talk shows and hosts and guests saying what they want,

A) defamation has become more complex but less devastating.
B) defamation is more complex and more global.
C) defamation is more devastating and more complex.
D) defamation is no longer an issue.

Question 11

Assume an employee is fired for committing an illegal act. The employer announces the cause for the firing in an accurately written e-mail. The court agrees the content of the e-mail is true; yet, it rules that the employee was libeled. The ruling challenges the long-standing belief that

A) written statements about people on behalf of the client are private.
B) employers right to announce individual firings
C) the power of an e-mail should not doubted.
D) truth is a defense against libel.

Question 12

A passerby filmed for the movie "Borat" sued the producer Sacha Baron Cohen for defamation, but lost because

A) ironic commentary can be a defense against alleged defamation.
B) proof of vulgarity can be used to win a defamation case.
C) freedom to mock an ordinary citizen is not a legitimate defense against alleged defamation.
D) ordinary citizens can win defamation suits against movie producers.

Question 13

Every public company has an obligation to deal frankly, comprehensively, and immediately with any information that is considered ________ for a decision to buy, sell, or even hold the organization's stock.

A) inside information
B) material
C) immaterial
D) a mandate

Question 14

The overriding concern of the SEC is that

A) all companies have the right to know as soon as possible whether they will be hauled into court.
B) all public relations practitioners should be the first to receive material information.
C) all investors have an opportunity to learn about material information as promptly as possible.
D) management, then public relations practitioners, then other employees are guaranteed access to material information before outside investors.

Question 15

To comply with the SEC's overriding concern for investors, public relations practitioners

A) can trade on insider information in unusual circumstances.
B) can act only on public information when trading securities.
C) must be very selective in providing historic stock information to investors.
D) can provide material information to celebrities before the general public.

Question 16

Which among the following did NOT force the SEC to reexamine and intensify its focus on disclosure?

A) realities of the "Great Depression" of the 21^st century
B) extended securities trading times
C) instantaneous online trading
D) mergers, takeovers, and consolidations

Question 17

In 2000, the SEC adopted Regulation FD, which

A) is designed to increase selective disclosure.
B) requires companies to pull back on wide dissemination of any material announcement.
C) requires issuance of a news release within 48 hours of any information that may have slipped out to an analyst.
D) requires companies to widely disseminate any material announcement.

Question 18

The Sarbanes-Oxley Act, passed in 2002,

A) has been well received by companies willing to communicate financial information.
B) bolstered Regulation FD.
C) nullified Regulation FD.
D) mandated that publicly traded companies make full financial disclosure by submitting a semi-annual report on the effectiveness of their internal accounting controls.

Question 19

In 2012, Governor Nikki R. Haley of South Carolina was cleared of charges that she violated ethics rules when she

A) spoke out against Casey Anthony.
B) was a state representative and lobbied on behalf of two businesses she worked for.
C) perjured herself during lobbying activities.
D) conspired to bribe public officials.

Question 20

A body of law that is particularly relevant to public relations writers centers around

A) licensing.
B) professional accreditation.
C) copyright.
D) rules for timely disclosure.

Question 21

An original work in which of the following "fixed forms" would have copyright protection under the Copyright Act of 1976?

A) a musical work
B) antiques
C) a short slogan
D) a symbol

Question 22

Under copyright laws, owners of copyright have the

A) exclusive right to determine fair use.
B) exclusive right to authorize what is fair use.
C) exclusive right to authorize others to prepare derivative works based on the copyrighted material.
D) exclusive right to reproduce and authorize others to reproduce their work.

Question 23

A word, symbol, or slogan-used alone or in combination-to identify a product or sponsor is

A) protected under copyright law.
B) covered under trademark law.
C) not protected under trademark law.
D) eligible for copyright after 17 years.

Question 24

Use of copyrighted material for the purposes of criticism, news reporting, teaching, scholarship, and research constitutes

A) fair use.
B) infringement.
C) commissioned work.
D) publicity.

Question 25

Understanding and following the letter of copyright laws is critical to practitioners, especially in dealing with ______________________, because some of these professionals retain the right to copyright their work.

A) a printer
B) their employer
C) freelance writers
D) the Associated Press

Question 26

A major premise in American law is that

A) all speech is created equal.
B) there is no degree of differences in types of speech.
C) all speech must be measured.
D) all speech is not created equal.

Question 27

Despite various efforts, in which of the following areas of speech and the Internet has legislation NOT been successful?

A) full disclosure
B) "indecent" speech
C) copyrighted music
D) e-fraud

Question 28

A complex legal issue in Internet law is cybersquatting, which

A) is a technique used by Wendy's to shakedown other fast-food vendors.
B) is a technique to grab domain names in bad faith.
C) is used to "shake down" illegal registrants of domain names.
D) is a technique that amazon.com introduced when it went online.

Question 29

One type of e-fraud is "click fraud", in which

A) an effort is made to register multiple clicks to get a higher search engine ranking.
B) companies strip logos or promise inheritances via email.
C) companies sue employees who anonymously post on blogs.
D) amazon.com sells more products.

Question 30

Social media has introduced an issue with employee relations, which has increased the number of companies

A) encouraging employees to criticize the company on Facebook.
B) asking for access to social media to monitor activities.
C) deliberately using their social media policies to limit discussions about wages and unionization
D) refusing to discuss employment matters.

Question 31

Litigation public relations is an outgrowth of all the media attention given to legal proceedings and requires intelligent use of acceptable, ethical public relations practices, including

A) developing a message strategy for use only at the beginning of a case.
B) advocating for lengthening the time a case is in court.
C) trying for settlement after the case is decided.
D) keeping a positive focus and battling "nicely" because the less combative, the better.

Question 32

One of the ways supporters of people who are being prosecuted help influence public opinion is

A) setting up a blog to provide information to the public.
B) trying to make the litigation as invisible as possible.
C) come up with positive things to say about the prosecutor.
D) ignoring the internet and cable to focus on network television.

Question 33

Public relations practitioners advise clients what they must do to defend themselves in the court of public opinion.

Question 34

Normally, lawyers suggest that the less said by an organization prior to its day in court, the better.

Question 35

While legal and public relations advice may differ, an effective manager today considers both before making a decision.

Question 36

As the Kobe Bryant case demonstrated, when an organization or individual's integrity is being challenged, there is value in going public early on.

Question 37

Among the frontline responsibilities of public relations is defense of the First Amendment.

Question 38

WikiLeaks worked with international newspapers to publish secret U.S. State Department diplomatic cables because, according to Julian Assange, the public had a right to know.

Question 39

Laws regarding rights to privacy are similar for people in the limelight as they are for the ordinary citizen.

Question 40

With growing numbers of blogs, podcasts, and cable and talk radio shows, the nature of defamation is more complex, more global.

Question 41

Rule 10b-5 of the Securities and Exchange Act is an antifraud statute that, among many things, prohibits investor relations people from disseminating false information.

Question 42

Regulation FD requires any publicly traded organization to widely disseminate any material announcement.

Question 43

Whether or not writers register their manuscript with the Copyright Office-or even publish-the law of copyright provides basic, automatic protection for writers.

Question 44

Copyright laws cover a symbol or slogan, used alone or in combination, that identifies a product or its sponsor.

Question 45

Under copyright laws, what constitutes "fair use"
is not subject to interpretation.

Question 46

The Supreme Court ruled in favor of the Child Online Privacy Protection Act of 1998, which made it a federal crime to knowingly communicate"
on the Internet "for commercial purposes material considered harmful to minors.

Question 47

Metallica, backed by large music companies, defeated Napster in its legal battle to allow users free exchange of music files via a central Internet server.

Question 48

Cybersquatting and "click fraud"
are just two examples of legal issues surrounding the World Wide Web.

Question 49

Cybersquatting boils down to tormenting or "shaking down"
rightful registrants of names for a Web domain.

Question 50

Because of the proliferation of news coverage, especially over cable, it is more difficult for a jury to be objective in a high-profile legal case.

Question 51

Knowledge of litigation public relations is essential for trial lawyers hoping to provide a client every advantage.

Question 52

Why should public relations practitioners be aware of various laws?

Question 53

Discuss and distinguish libel from slander as it pertains to ordinary citizens.

Question 54

What are some regulations mandated by the Securities and Exchange Commission (SEC) that a practitioner should know?

Question 55

Discuss Supreme Court rulings on censorship of material on the Internet targeted at persons under 18 years old.

Question 56

What have lawyers learned from public relations?