Deck 4: Constitutional, Statutory, Administrative, and Common Law

Question 1

The doctrine of stare decisis , though vital to the creation of the common law when this country was settled, is not important to our modern, complex society.

Answer 1

False

Question 2

The government has the right to take private property through the power of eminent domain.

Answer 2

True

Question 3

The largest source of new law comes from court decisions.

Answer 3

False

Question 4

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 5

The power to regulate interstate commerce is given jointly to Congress and the states under the U.S Constitution.

Question 6

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, the EPA should use a(n)

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

Question 7

Common law is never as easy as we may like because the law is trying to accommodate both

A)predictability and flexibility.
B)intent and reason.
C)flexibility and precedent.
D)understandability and predictability.

Question 8

Hal was arrested for burning the U.S. flag in a protest of governmental policy. His action is protected under the First Amendment's guarantee of free speech because the flag burning is considered symbolic speech.

Question 9

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.

Question 10

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

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 11

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

Question 12

The amendments to the U.S. Constitution protect the people from the power of state and federal governments.

Question 13

By creating three independent and equal branches of the federal government, the U.S. Constitution prevented the federal government's power from being concentrated in one person.

Question 14

Judicial review is the power of the federal courts to declare a statute or governmental action unconstitutional and void.

Question 15

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 16

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.

Question 17

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.

Question 18

The Fourth Amendment to the Constitution provides Robert, an employee of Mattax Paper Co., due process protection from being fired without a hearing by a neutral fact finder.

Question 19

The "takings clause" prevents the government from taking private property for any reason.

Question 20

Professor Jones accuses Rachel, a senior at a large state university, of cheating on an exam. The Professor claims that Rachel must prove to him that she did not cheat. If she fails to convince him, she will be expelled from college. Rachel is being denied her due process rights.

Question 21

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

A)the OSHA.
B)an administrative law judge.
C)an administrative mediator.
D)a House-Senate Conference Committee.

Question 22

Which statement about interpretive rules is correct?

A)Interpretive rules are the most important agency rules.
B)Interpretive rules do not change the law.
C)Interpretive rules are much like statutes.
D)Interpretive rules are made by the legislature.

Question 23

Identify the basic job of a President of the United States, the source of executive power, and three key powers associated with the position of President.

Question 24

If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertising, that statute would be

A)valid as an exercise of police power.
B)valid, as alcohol is illegal for minors.
C)invalid as a violation of the Commerce Clause.
D)invalid as an unreasonable restriction of free speech.

Question 25

Some presidents have argued that they should have the power of a line-item veto, which is the authority to nullify or cancel specific provisions of a bill, usually a budget appropriations bill, without vetoing the entire legislative package. A line-item veto is a challenge to which of the following principles?

A)the Supremacy Clause
B)executive privilege
C)the Commerce Clause
D)separation of powers

Question 26

The concept of stare decisis is closely related to the concept of

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

Question 27

Generally, constitutional protections do NOT apply to

A)acts of the federal government.
B)acts of state government.
C)acts of administrative agencies.
D)acts of privately owned businesses.

Question 28

The first ten amendments to the Constitution are known as the

A)Preamble.
B)Bill of Rights.
C)Supremacy Clause.
D)Articles of Confederation.

Question 29

Congresswoman Sloan introduced a bill in the House of Representatives. If the bill is approved by the House committee specializing in that subject, the bill will go to

A)a Senate committee specializing in the subject matter of the proposed legislation.
B)the full House.
C)a Conference Committee made up of representatives of both the House and Senate.
D)the voters of her state for approval.

Question 30

The primary source of federal power to regulate trade between states is the

A)Supremacy Clause.
B)Commerce Clause.
C)power of eminent domain.
D)Takings Clause.

Question 31

Judicial review can best be described as the power of a federal court to

A)abstain from adjudicating major issues and to leave such matters to legislatures.
B)take it upon itself to decide issues on constitutional grounds.
C)declare a statute or governmental action unconstitutional and void.
D)take private property for public use.

Question 32

The issue of the constitutional protections afforded flag burning was addressed in

A)Texas v. Johnson.
B)United States v. Lopez.
C)Marbury v. Madison.
D)Palmore v. Sidoti.

Question 33

Jackie purchased a condominium. When she bought it, she realized the homeowner's association had a variety of rules and regulations that she would need to follow. One regulation was that no children were allowed to live in the complex. Two years after buying the condominium, Jackie gave birth to a child. She was immediately served with papers notifying her to move out of the complex. Discuss the constitutionality of the homeowner association's action.

Question 34

Adam moved into an apartment complex. The rules of the complex prohibit unmarried men and women from living together in the same apartment. When Adam's friend, Diane, moved into the apartment he was served with eviction papers. Adam claims the apartment complex is violating his constitutional rights since it allows married couples to live together. Is Adam right?

A)Yes. His equal protection rights have been violated.
B)No. His fundamental right of cohabitation has not been violated.
C)Yes. He and Diane are being treated differently than married couples.
D)No. Constitutional protections do not extend to privately-owned apartment complexes.

Question 35

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

Question 36

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 to a court or administrative agency.
D)requires the person to produce certain documents or things.