Question 1

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

Accepted Answer

A) True 
 B)False  True

Question 2

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.

Accepted Answer

A) True 
 B)False  False

Question 3

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:

Accepted Answer

A)  only if it has a search warrant. 
B)  only if it has a subpoena. 
C)  only if it has reason to believe a violation of a regulation has occurred. 
D)  without a search warrant to ensure safety. 
A)  only if it has a search warrant. 
B)  only if it has a subpoena. 
C)  only if it has reason to believe a violation of a regulation has occurred. 
D)  without a search warrant to ensure safety. D

Question 4

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

Accepted Answer

The common law is judge-made law.It is t

Question 5

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 6

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.

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A)  to give the government access to information concerning citizens, businesses, and organizations. 
B)  to limit the amount of information that the government can collect about its citizens, businesses, and organizations. 
C)  to permit warrantless searches and seizures of evidence when necessary to ensure safety. 
D)  to give citizens, businesses, and organizations access to information that federal agencies are using. 
A)  to give the government access to information concerning citizens, businesses, and organizations. 
B)  to limit the amount of information that the government can collect about its citizens, businesses, and organizations. 
C)  to permit warrantless searches and seizures of evidence when necessary to ensure safety. 
D)  to give citizens, businesses, and organizations access to information that federal agencies are using.

Question 8

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 utilize the administrative agency's procedures to review the suspension 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 utilize the administrative agency's procedures to review the suspension 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 9

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 10

The Administrative Procedure Act:

Accepted Answer

A)  applies to all federal agencies. 
B)  applies to executive branch agencies but not to independent agencies. 
C)  applies to independent agencies but not to executive branch agencies. 
D)  does not apply to federal agencies. 
A)  applies to all federal agencies. 
B)  applies to executive branch agencies but not to independent agencies. 
C)  applies to independent agencies but not to executive branch agencies. 
D)  does not apply to federal agencies.

Question 11

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.

Accepted Answer

A) True 
 B)False

Question 12

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:

Accepted Answer

A)  has, because of the bystander rule, no duty to warn the foreseeable victims about Rebecca's expressed intention to harm them. 
B)  has a duty to exercise reasonable care to protect foreseeable victims of Rebecca's violence. 
C)  is in a special relationship with patients, and this relationship creates a privilege of confidentiality between the communicants. 
D)  will be held to a strict duty of care and will be held liable for any victim's injuries if Holtz failed to warn a them of Rebecca's potential violence toward them. 
A)  has, because of the bystander rule, no duty to warn the foreseeable victims about Rebecca's expressed intention to harm them. 
B)  has a duty to exercise reasonable care to protect foreseeable victims of Rebecca's violence. 
C)  is in a special relationship with patients, and this relationship creates a privilege of confidentiality between the communicants. 
D)  will be held to a strict duty of care and will be held liable for any victim's injuries if Holtz failed to warn a them of Rebecca's potential violence toward them.

Question 13

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

Accepted Answer

Any citizen or executive may make a "FOI

Question 14

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 15

The Consumer Product Safety Commission (CPSC)is an independent federal 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 16

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.

Accepted Answer

A) True 
 B)False

Question 17

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.

Question 18

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 19

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

Accepted Answer

A)  England. 
B)  precedent. 
C)  courts. 
D)  administrative regulations. 
A)  England. 
B)  precedent. 
C)  courts. 
D)  administrative regulations.

Question 20

The power of federal agencies is limited by:

Accepted Answer

A)  statutory control in the enabling legislation and the Administrative Procedures Act. 
B)  political control by Congress and the President. 
C)  judicial review. 
D)  All of the above. 
A)  statutory control in the enabling legislation and the Administrative Procedures Act. 
B)  political control by Congress and the President. 
C)  judicial review. 
D)  All of the above.

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

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

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.

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:

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

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:

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.

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

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?

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

The Administrative Procedure Act:

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:

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

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

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

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:

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

The power of federal agencies is limited by:

Introduction To Law

Business Ethics And Social Responsibility

Dispute Resolution

Constitutional Law

Intentional Torts And Business Torts

Negligence And Strict 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 Risk

Warranties And Product Liability

Performance And Remedies

Secured Transactions

Creating A Negotiable Instrument

Liability For Negotiable Instruments

Accountants' Liability

Agency Law

Employment Law

Labor Law

Starting A Business

Partnerships

Life And Death Of A Corporation

Corporate Management

Shareholders

Securities Regulation

Bankruptcy

Antitrust

Consumer Law

Environmental Law

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Real Property And Tenant-landlord Law

Personal Property And Bailment

Planning For The Future: Wills,Trusts,And Insurance

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