Question 1

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 2

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.

Accepted Answer

A) True 
 B)False

Question 3

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 to the 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 to the court or administrative agency. 
D) requires the person to bring specified documents to the court or administrative hearing.

Question 4

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 5

Assume that in December 2006,the Environmental Protection Agency (EPA)filed an administrative complaint against Marlin Firearms Co.alleging that the company exceeded chromium emissions limits.The EPA proposed a $257,162 fine.Which statement is correct concerning the administrative agency adjudication?

Accepted Answer

A) A jury decides the matter. 
B) The Federal Rules of Criminal Procedure govern the admissibility of evidence. 
C) The losing party has a right to appeal. 
D) The parties are not represented by attorneys. 
A) A jury decides the matter. 
B) The Federal Rules of Criminal Procedure govern the admissibility of evidence. 
C) The losing party has a right to appeal. 
D) The parties are not represented by attorneys.

What is the major distinction between executive and independent agencies?

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.

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

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:

Introduction to Law

Business Ethics and Social Responsibility

Dispute Resolution

Constitutional Law

Torts and Product Liability

Crime

International Law

Introduction to Contracts

Agreement

Consideration

Legality

Capacity and Consent

Written Contracts

Third parties

Performance and Discharge

Remedies

practical Contracts

Introduction to Sales

Ownership and Warranties

Performance and Remedies

Negotiable Instruments

Secured Transactions

Bankruptcy

Agency

Employment and Labor Law

Employment and Discrimination

Starting a Business

Corporations

Government Regulations:Securities and Antitrust

Consumer Protection

Cyberlaw

Intellectual Property

Real and Personal Property

Filters

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

What is the major distinction between executive and independent agencies?

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.

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

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:

Introduction to Law

Business Ethics and Social Responsibility

Dispute Resolution

Constitutional Law

Torts and Product Liability

Crime

International Law

Introduction to Contracts

Agreement

Consideration

Legality

Capacity and Consent

Written Contracts

Third parties

Performance and Discharge

Remedies

practical Contracts

Introduction to Sales

Ownership and Warranties

Performance and Remedies

Negotiable Instruments

Secured Transactions

Bankruptcy

Agency

Employment and Labor Law

Employment and Discrimination

Starting a Business

Corporations

Government Regulations:Securities and Antitrust

Consumer Protection

Cyberlaw

Intellectual Property

Real and Personal Property

Filters