Exam 4: Common Law, statutory Law, and Administrative Law

Psychologist Holtz is working with a patient,Rebecca,who has expressed the intention to seriously harm two of her acquaintances.If you apply the principle set forth by the Supreme Court of California in the Tarasoff v.Regents of the University of California case,Psychologist Holtz:

ATC,Inc.offered health insurance benefits to unmarried,same-sex domestic partners but not to unmarried,cohabiting heterosexual couples.Ray,an employee of ATC,Inc.,challenged the benefit plan,claiming that it was in violation of Title VII of the Civil Rights Act.Under the Civil Rights Act,an employer may not discriminate against any individual on the basis of sex.Discuss the tools that a court may use in interpreting the Civil Rights Act.

Statutory law is to legislative bodies as common law is to:

Most Congressional work is accomplished:

Which of the following is not a reason for a bill to be introduced in a legislature?

What is the major distinction between executive and independent agencies?

The Consumer Product Safety Commission (CPSC)is an independent federal administrative agency.Which statement is correct about the chairperson?

A subpoena duces tecum is different from an ordinary subpoena in that a subpoena duces tecum:

Which of the following methods of administrative agency rulemaking requires a public hearing?

Almost all criminal law is statutory because statutory law,unlike common law,is prospective.

Define the common law.Discuss its conflicting goals and the doctrine created to serve one of these goals.

The common law is judge-made law;it is the sum total of all the cases decided by appellate courts.

The Occupational Safety and Health Administration (OSHA)has proposed rules aimed at reducing repetitive-stress injuries.ATC,Inc.disagrees with the proposed rules.ATC,Inc.should challenge the proposed rules in court to prevent them from becoming final rules.

The Federal Trade Commission promulgated Telemarketing Sales Rules regulating the activities of telemarketers.One of the rules prohibits telemarketers from calling a person's residence at any time other than between 8:00a.m.and 9:00 p.m.This agency legislative rule has the effect of a statute.

If in 1900 the Minnesota Supreme Court ruled that a minor can void a contract at any time during minority and in 2010 the courts in Minnesota still follow this ruling,this is an example of:

Even if a statute's words have ordinary,everyday significance,the court will look at the legislative history of the law and public policy in order to interpret the statute.

The largest source of new law is court decisions.

If legislation is lengthy,such as the Civil Rights Act of 1964,it may be divided into smaller parts,each of which covers a major issue.These smaller parts of the statute are called:

The U.S.Supreme Court was asked to decide whether same-sex sexual harassment is a violation of Title VII of the Civil Rights Act.This law forbids discrimination in employment on the basis of sex.In interpreting statutes,the court may use which of the following?

From tax returns,the Internal Revenue Service (IRS)has information concerning Elizabeth Jones.Generally,the IRS may not divulge this information to the Federal Bureau of Investigation unless Elizabeth has given written consent.