Question 1

Discuss the four most important limitations on the power of federal administrative agencies.

Accepted Answer

The four most important limitations on t

Question 2

The concept of stare decisis focuses most on

Accepted Answer

A) predictability. 
B) flexibility. 
C) legislative intent. 
D) change. 
A) predictability. 
B) flexibility. 
C) legislative intent. 
D) change.

Question 3

Administrative agencies exist at the federal,state,and local levels.

Accepted Answer

A) True 
 B)False

Question 4

Bert had his driver's license suspended by the state department of transportation.He believes his constitutional due process rights were violated by the administrative agency.Can he immediately file a court action to have agency's actions reviewed?

Accepted Answer

A) Yes.A court has the jurisdiction to immediately review an agency's alleged unconstitutional action. 
B) Yes. Bert must specifically allege his constitutional rights have been violated and file a court action in federal court - not a state court. 
C) No. Bert must first exhaust all possible appeals within the agency itself before he seeks judicial review by a court. 
D) No. A court of law does not have jurisdiction to review an administrative agency's actions. 
A) Yes.A court has the jurisdiction to immediately review an agency's alleged unconstitutional action. 
B) Yes. Bert must specifically allege his constitutional rights have been violated and file a court action in federal court - not a state court. 
C) No. Bert must first exhaust all possible appeals within the agency itself before he seeks judicial review by a court. 
D) No. A court of law does not have jurisdiction to review an administrative agency's actions.

Question 5

Big Corporation is served with a subpoena to turn over business records to an administrative agency.What are three possible legal grounds the company can raise to avoid producing the requested records?

Accepted Answer

The company can argue that the

Question 6

The Occupational Safety and Health Administration (OSHA)has proposed rules aimed at reducing repetitive-stress injuries.ATC,Inc.disagrees with the proposed rules.If ATC,Inc.wants to challenge the proposed rules,it must do so in court before the rules become final.

Accepted Answer

A) True 
 B)False

Question 7

Which law imposes controls on federal agencies by requiring basic fairness in areas not regulated by enabling legislation?

Accepted Answer

A) The 1964 Civil Rights Act. 
B) The Clean Agency Act. 
C) The Administrative Procedure Act. 
D) The Freedom of Information Act. 
A) The 1964 Civil Rights Act. 
B) The Clean Agency Act. 
C) The Administrative Procedure Act. 
D) The Freedom of Information Act.

Question 8

Discuss the two federal statutes that give Americans the power to acquire or protect personal information.

Accepted Answer

Any citizen or executive may make a Free

Question 9

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

Accepted Answer

A) The chairperson serves at the whim of the President and can be fired at any time. 
B) The chairperson can only be fired by the President for good cause. 
C) The chairperson cannot be fired by the President since the CPSC is an independent agency. 
D) The chairperson has a lifetime appointment and cannot be fired. 
A) The chairperson serves at the whim of the President and can be fired at any time. 
B) The chairperson can only be fired by the President for good cause. 
C) The chairperson cannot be fired by the President since the CPSC is an independent agency. 
D) The chairperson has a lifetime appointment and cannot be fired.

Question 10

Karen is a strong swimmer.One afternoon she is having a picnic at a lake and sees a man she does not know drowning.Generally,Karen

Accepted Answer

A) has a legal duty to rescue the man. 
B) has a legal duty to rescue the man, but only if her efforts will not pose a serious threat to her own safety. 
C) has a legal duty to rescue the man since, as a strong swimmer, she is treated as a "special class" of persons who must get involved in such situations. 
D) has no legal duty to rescue the man. 
A) has a legal duty to rescue the man. 
B) has a legal duty to rescue the man, but only if her efforts will not pose a serious threat to her own safety. 
C) has a legal duty to rescue the man since, as a strong swimmer, she is treated as a "special class" of persons who must get involved in such situations. 
D) has no legal duty to rescue the man.

Question 11

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 8:00 a.m.and 9:00 p.m.This legislative rule has the effect of a statute.

Accepted Answer

A) True 
 B)False

Question 12

TECO Coal Corporation is interested in the inspections that the U.S.Bureau of Mines has conducted over the past year.To secure this information,TECO should

Accepted Answer

A) issue a subpoena duces tecum. 
B) make a Freedom of Information Act request. 
C) make a de novo request. 
D) assert the substantial evidence rule. 
A) issue a subpoena duces tecum. 
B) make a Freedom of Information Act request. 
C) make a de novo request. 
D) assert the substantial evidence rule.

Question 13

If the President vetoes a bill and if both the House and Senate repass the bill by a two-thirds margin,the bill becomes law.

Accepted Answer

A) True 
 B)False

Question 14

The majority of work done by legislative bodies is performed in committees.

Accepted Answer

A) True 
 B)False

Question 15

The U.S.Supreme Court's holding in Ward's Cove Packing v.Atonio

Accepted Answer

A) differed from the holding in Griggs v.Duke Power Co.partly because the Court was more conservative at the time Ward's Cove was decided. 
B) upheld the ruling in Griggs v. Duke Power Co. 
C) found that overt racial discrimination existed. 
D) set forth a "business necessity" requirement for employment hiring practices. 
A) differed from the holding in Griggs v.Duke Power Co.partly because the Court was more conservative at the time Ward's Cove was decided. 
B) upheld the ruling in Griggs v. Duke Power Co. 
C) found that overt racial discrimination existed. 
D) set forth a "business necessity" requirement for employment hiring practices.

Question 16

What is the major distinction between executive and independent agencies?

Accepted Answer

A) Executive agencies govern business issues while independent agencies regulate individual matters. 
B) The President has greater control over executive agencies. 
C) The Administrative Procedure Act regulates independent agencies but not executive agencies. 
D) Subpoenas may be issued by independent agencies; executive agencies do not have subpoena power. 
A) Executive agencies govern business issues while independent agencies regulate individual matters. 
B) The President has greater control over executive agencies. 
C) The Administrative Procedure Act regulates independent agencies but not executive agencies. 
D) Subpoenas may be issued by independent agencies; executive agencies do not have subpoena power.

Question 17

Statutory law is to legislative bodies as common law is to

Accepted Answer

A) rulemaking. 
B) agencies. 
C) courts. 
D) administrative regulations. 
A) rulemaking. 
B) agencies. 
C) courts. 
D) administrative regulations.

Question 18

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

Accepted Answer

A) can only be given to an expert to require a personal appearance before a court or administrative hearing. 
B) is binding on a person even if it is mailed to the person rather than handed to her by a process server. 
C) allows for privileged or confidential information to be turned over the a court or administrative agency. 
D) requires the person to bring specified documents to the court or administrative hearing. 
A) can only be given to an expert to require a personal appearance before a court or administrative hearing. 
B) is binding on a person even if it is mailed to the person rather than handed to her by a process server. 
C) allows for privileged or confidential information to be turned over the a court or administrative agency. 
D) requires the person to bring specified documents to the court or administrative hearing.

Question 19

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.

Accepted Answer

There are three primary tools that a cou

Question 20

If in 1900 the Minnesota Supreme Court ruled that a minor can void a contract at any time during minority and,in 2014,the courts in Minnesota still follow this ruling,this is an example of

Accepted Answer

A) stare decisis. 
B) the bystander rule. 
C) statutory law. 
D) enabling legislation. 
A) stare decisis. 
B) the bystander rule. 
C) statutory law. 
D) enabling legislation.

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

Discuss the four most important limitations on the power of federal administrative agencies.

The concept of stare decisis focuses most on

Administrative agencies exist at the federal,state,and local levels.

Bert had his driver's license suspended by the state department of transportation.He believes his constitutional due process rights were violated by the administrative agency.Can he immediately file a court action to have agency's actions reviewed?

Big Corporation is served with a subpoena to turn over business records to an administrative agency.What are three possible legal grounds the company can raise to avoid producing the requested records?

The Occupational Safety and Health Administration (OSHA)has proposed rules aimed at reducing repetitive-stress injuries.ATC,Inc.disagrees with the proposed rules.If ATC,Inc.wants to challenge the proposed rules,it must do so in court before the rules become final.

Which law imposes controls on federal agencies by requiring basic fairness in areas not regulated by enabling legislation?

Discuss the two federal statutes that give Americans the power to acquire or protect personal information.

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

Karen is a strong swimmer.One afternoon she is having a picnic at a lake and sees a man she does not know drowning.Generally,Karen

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 8:00 a.m.and 9:00 p.m.This legislative rule has the effect of a statute.

TECO Coal Corporation is interested in the inspections that the U.S.Bureau of Mines has conducted over the past year.To secure this information,TECO should

If the President vetoes a bill and if both the House and Senate repass the bill by a two-thirds margin,the bill becomes law.

The majority of work done by legislative bodies is performed in committees.

The U.S.Supreme Court's holding in Ward's Cove Packing v.Atonio

What is the major distinction between executive and independent agencies?

Statutory law is to legislative bodies as common law is to

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

If in 1900 the Minnesota Supreme Court ruled that a minor can void a contract at any time during minority and,in 2014,the courts in Minnesota still follow this ruling,this is an example of

Introduction to Law

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International Law

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Introduction to Sales

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Creating a Negotiable Instrument

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Agency Law

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Starting a Business: LLCs and Other Options

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