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LCN MIdterm
MidTerm Review March 2012
| Question | Answer |
|---|---|
| What are the two types of speech? | Pure: written or spoken word ; Symbolic: intend to send a particular message, likely to be understood by audience |
| What are the two types of restrictions on speech? | Content based: what is said is restricted ; Content Neutral: Speech restricted without regard to content, Time, Place, Manner restrictions. |
| What three things must be shown to prove that the speech is incitement to violence? | Intend to incite criminal action; That is imminent, and likely to result |
| What type of speech is UNPROTECTED, has NO safe harbor, and may even result in criminal penalties? | Obscene Speech |
| WHat group was responsible for causing the RIAA to place warning stickers on albums? | PMRC- Parents' Music Resource Center started by Tipper Gore |
| WHat is the name of the administrative body which regulates interstate communication by radio, wire, television and satellite? | FCC- Federal Communications Commission. Group of cops started by congress. can be held for both civil and criminal penalties |
| What is the purpose of antitrust laws? | To protect the economy and ensure competition. |
| Name three ways marketplace competition protects consumers. | Lower prices, Better quality, Greater choice. |
| Does the Sherman Act Provide for criminal penalties, civil penalties or both? | Both |
| What are the three elements of a consent degree? | No admission of guilt, Cease anticompetitive conduct, Not vulnerable to private suit piggybacking. |
| what three elements must be satisfied to establish monopolization? | Intent to control prices or destroy competition, Predatory or anticompetitive conduct, "Dangerous probability of success" in achieving monopoly. |
| Define "Market Power". | The ability to affect market price. |
| Antitrust violations: | Noncompetition Agreement; Tying; Grant-back Guarantee; Price fixing; customer Allocation Ageement; Bid Rigging |
| Define "Payola". | The act of bribing radio stations in exchange for increased airplay of certain artist of songs. This includes money and other forms of consideration. |
| What is "Respondeat Superior"? | When an employer is held liable for the acts of a borrowed servant |
| An employer is liable only if the employee's acts were committed within the... | Scope of employment |
| define "Fiduciary duty" | legal obligation between parties, must act in the best interest of another, arises automatically. |
| Define "Apparent agency" | principal is held liable if a 3rd party is injured as a result of negligence |
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beamarie
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