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 2009,will necessarily interpret certain statutory language in the same way as the U.S.Supreme Court interpreted the same statutory language in 1971.

Psychologist Holtz is working with a patient,Rebecca,who has expressed the intention to seriously harm two of her acquaintances.If you apply the principle set forth by the Supreme Court of California in the Tarasoff v.Regents of the University of California case,Psychologist Holtz:

Administrative agency rules consist of:

The concept of stare decisis focuses most on:

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

Actual 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.

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.

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

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

Common law,like statutory law,is prospective.

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:

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:

The Administrative Procedure Act:

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

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.

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?

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