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

Question 1

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.

Answer 1

False

Question 2

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.

Answer 2

False

Question 3

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:

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 them of Rebecca's potential violence toward them.

Answer 3

B

Question 4

If in 1900 the Minnesota Supreme Court ruled that a minor can void a contract at any time during minority and in 2010 the courts in Minnesota still follow this ruling,this is an example of:

A) stare decisis.
B) the bystander rule.
C) statutory law.
D) enabling legislation.

Question 5

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.

Question 6

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:

A) a legal duty to rescue the man.
B) a legal duty to rescue the man, but only if her efforts will not pose a serious threat to her own safety.
C) 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) no legal duty to rescue the man.

Question 7

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 8:00a.m.and 9:00 p.m.This agency legislative rule has the effect of a statute.

Question 8

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.

Question 9

The essence of common law is:

A) its prospective nature.
B) the concept of stare decisis.
C) its flexibility.
D) the plain meaning rule.

Question 10

Almost all criminal law is statutory because statutory law,unlike common law,is prospective.

Question 11

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.

Question 12

The Occupational Safety and Health Administration (OSHA)has proposed rules aimed at reducing repetitive-stress injuries.ATC,Inc.disagrees with the proposed rules.ATC,Inc.should challenge the proposed rules in court to prevent them from becoming final rules.

Question 13

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.

Question 14

The common law is judge-made law;it is the sum total of all the cases decided by appellate courts.

Question 15

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.

Question 16

The largest source of new law is court decisions.

Question 17

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

Question 18

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.

Question 19

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.

Question 20

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

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

Question 21

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

A) The 1964 Civil Rights Act.
B) The Clean Agency Act.
C) The Administrative Procedure Act.
D) The Freedom of Information Act.

Question 22

What is the major distinction between executive and independent agencies?

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 23

Congress creates a federal agency by:

A) passing an amendment to the Administrative Procedure Act.
B) passing enabling legislation.
C) requesting the president to issue an executive order.
D) issuing an appropriations bill.

Question 24

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:

A) a stare decisis.
B) a de novo.
C) an excaliber.
D) a subpoena duces tecum.

Question 25

The U.S.Supreme Court was asked to decide whether same-sex sexual harassment is a violation of Title VII of the Civil Rights Act.This law forbids discrimination in employment on the basis of sex.In interpreting statutes,the court may use which of the following?

A) The plain meaning rule.
B) Legislative history.
C) Public policy.
D) All of the above.

Question 26

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

A) The chairperson serves at the whim of the U. S. President and can be fired at any time.
B) The chairperson can only be fired by the U. S. President for good cause.
C) The chairperson cannot be fired by the U. S. President since the CPSC is an independent agency.
D) The chairperson has a lifetime appointment and cannot be fired.

Question 27

The power of federal agencies is limited by:

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.

Question 28

If legislation is lengthy,such as the Civil Rights Act of 1964,it may be divided into smaller parts,each of which covers a major issue.These smaller parts of the statute are called:

A) bills.
B) amendments.
C) titles.
D) committee versions.

Question 29

Which of the following methods of administrative agency rulemaking requires a public hearing?

A) Informal rulemaking.
B) Formal rulemaking.
C) Hybrid rulemaking.
D) Plain meaning rulemaking.

Question 30

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

A) Congressional action, along with President Bush's signature, in 1991.
B) Supreme Court interpretation in the Griggs case.
C) Supreme Court interpretation in the Wards Cove case.
D) All of the above.
E) Both (a) and (b).

Question 31

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?

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 32

Which of the following is not a reason for a bill to be introduced in a legislature?

A) Society begins to focus on a new issue.
B) Legislators disagree with a judicial interpretation of an existing statute.
C) Legislators are attempting to control some aspect of the future.
D) Legislators are attempting to retroactively make a certain act a crime.

Question 33

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:

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.

Question 34

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

A) can only obtain copies of declassified information.
B) is entitled to all information the IRS has about her.
C) can only obtain information about the IRS, not records concerning herself.
D) cannot obtain any information since the IRS is exempt from the FOIA.

Question 35

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

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 36

Most Congressional work is accomplished:

A) by the House of Representatives.
B) by the Senate.
C) in committees.
D) during August and September.

Question 37

The Administrative Procedure Act:

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 38

In December,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 administrative agency adjudication?

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 39

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

A) an administrative law judge.
B) an administrative appellate board.
C) an administrative mediator.
D) a federal court.

Question 40

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:

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 41

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

Question 42

ATC,Inc.offered health insurance benefits to unmarried,same-sex domestic partners but not to unmarried,cohabiting heterosexual couples.Ray,an employee of ATC,Inc.,challenged the benefit plan,claiming that it was in violation of Title VII of the Civil Rights Act.Under the Civil Rights Act,an employer may not discriminate against any individual on the basis of sex.Discuss the tools that a court may use in interpreting the Civil Rights Act.

Question 43

Big Corporation is served with a subpoena to turn over business records to an administrative agency.What are three possible legal grounds the company can raise to avoid producing the requested records?

Question 44

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

Question 45

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.