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

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

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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 the agency's actions reviewed?

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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.

(True/False)
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The doctrine of stare decisis,though vital to the creation of the common law when this country was settled,is not important to our modern,complex society.

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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:

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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.

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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:

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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.

(True/False)
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The power of federal agencies is limited by:

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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?

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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?

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

(True/False)
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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.

(True/False)
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The largest source of new law is court decisions.

(True/False)
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The purpose of the Freedom of Information Act (FOIA)is:

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If in 1900 the Minnesota Supreme Court ruled that a minor can void a contract at any time during minority and in 2008 the courts in Minnesota still follow this ruling,this is an example of:

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

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Which law regulates how federal agencies make rules,conduct investigations,hold meetings and hearings,obtain information,and reach decisions?

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

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

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