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

The last protected trait added by Congressman Smith of Virginia to the bill which became Title VII of the Civil Rights Act of 1964 was

The Environmental Protection Agency was investigating whether Exgrow,Inc.violated the Clean Air Act.Exgrow refused to give the EPA its computerized reports concerning pollution.To get the reports,EPA should use

The largest source of new law comes from court decisions.

The purpose of the Freedom of Information Act (FOIA)is

Congresswoman Sloan introduced a bill in the House of Representatives.If the bill is approved by the House committee specializing in that subject,the bill will go to

Public hearings are required in formal administrative agency rulemaking.

The Civil Rights Act of 1964, a federal statute, forbids discrimination on the basis of national origin in employment. The Equal Employment Opportunity Commission (EEOC) is the administrative agency that oversees the law. The EEOC issued Guidelines on Discrimination because of National Origin. According to one of the guidelines, the EEOC will presume a violation of the law if an employer sets a work requirement that employees must speak only English in the workplace. This is an interpretive rule because it interprets the Civil Rights Act.

Tina wishes to learn what records the IRS has about her.Under the Freedom of Information Act (FOIA),

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.

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

While at the park,Tasha saw a small child fall into the lake.Tasha did not know the child.Under the common law of most states,Tasha has a legal duty to take reasonable steps to assist the child if Tasha is able to help and such help will not jeopardize Tasha's well-being.

SharCo and Blyron Productions are each applying for a television license.In deciding which applicant is better qualified,the FCC will hold an initial hearing before

Which statement is correct concerning judicial review of an administrative agency's action?

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 Administrative Procedure Act imposes controls on agencies by requiring basic fairness in areas not regulated by the enabling legislation.This method of reining in powerful agencies is a form of

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 all of the following EXCEPT

The Administrative Procedure Act

Because of the concept of stare decisis,the U.S.Supreme Court,in interpreting a statute in 2009,must interpret certain statutory language in the same way as the U.S.Supreme Court interpreted the same statutory language in 1971.

TECO Coal Corporation mines and ships more than six million tons of coal annually.TECO is comprehensively regulated by the U.S.Bureau of Mines.The U.S.Bureau of Mines may conduct a surprise inspection of one of TECO's mines

The President has the power to remove the chairperson of the Consumer Product Safety Commission,an independent administrative agency,if the President disagrees with the chairperson's actions.