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

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.

Which law imposes controls on federal agencies by requiring basic fairness in areas not regulated by enabling legislation?

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

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

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.

Common law,like statutory law,is prospective.

The largest source of new law comes from court decisions.

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

Ginger owns a business that is comprehensively regulated by a federal agency.One day,a federal inspector arrives at Ginger's business without advance warning and begins to conduct a search,taking several samples of some products Ginger is manufacturing.Ginger claims this is a violation of her constitutional rights.How would a court likely rule?

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

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

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.

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

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

The President has the power to remove the chairperson of the Consumer Product Safety Commission,an independent 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

Which is an example of an independent agency?

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.

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?