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

Because of the concept of stare decisis,the U.S.Supreme Court,in interpreting a statute in 2011,will necessarily interpret certain statutory language in the same way as the U.S.Supreme Court interpreted the same statutory language in 1971.

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:

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:

In the Buckley v.Valeo case in 1976,the Supreme Court permitted Congress to limit campaign contributions from individuals and groups,but not to cap the amount that a candidate could spend.During the first nine years of this millennium,Congress made several statutory attempts to curb campaign spending,but these attempts were unsuccessful.

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 provide positive assistance and the assistance will not jeopardize Tasha's well being.

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

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.

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:

Congress creates a federal agency by:

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

The power of federal agencies is limited by:

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

The Consumer Product Safety Commission (CPSC)is an independent federal administrative agency.The Internal Revenue Service (IRS)is an executive federal administrative agency.Contrast an executive agency and an independent agency.

The Administrative Procedure Act:

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 has:

On the federal level,bills must be originated in the House of Representatives and then must be voted on and approved by both the House and the Senate.

The "business necessity" requirement was placed in the 1964 Civil Rights Act through:

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

Courts generally defer to an agency's fact finding but will not defer to an agency's interpretation of the law.

Generally,an initial adjudication before an administrative agency is conducted by: