blaw chapter 4 – Flashcards

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.

Statutory law is to legislative bodies as common law is to a. courts. b. rulemaking. c. agencies. d. administrative regulations.

The Administrative Procedure Act a. applies to independent agencies but not to executive branch agencies. b. does not apply to federal agencies. c. applies to executive branch agencies but not to independent agencies. d. applies to all federal agencies.

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.

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 Conference Committee made up of representatives of both the House and Senate. b. the voters of her state for approval. c. a Senate committee specializing in the subject matter of the proposed legislation. d. the full House.

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 all of the following EXCEPT a. the plain meaning rule. b. legislative history. c. public policy. d. enabling legislation.

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 since, as a strong swimmer, she is treated as a "special class" of persons who must get involved in such situations. b. has no legal duty to rescue the man. c. has a legal duty to rescue the man. d. has a legal duty to rescue the man, but only if her efforts will not pose a serious threat to her own safety.

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 a duty to exercise reasonable care to protect foreseeable victims of Rebecca's violence. b. has, because of the bystander rule, no duty to warn the foreseeable victims about Rebecca's expressed intention to harm them. 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.

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. an excaliber. b. a de novo. c. a subpoena duces tecum. d. a stare decisis.

The Administrative Procedure Act imposes controls on agencies by requiring basic fairness in areas not regulated by the enabling legislation. This method of reining in powerful agencies is a form of a. informational control. b. political control. c. statutory control. d. judicial review.

If in 1900 the Minnesota Supreme Court ruled that a minor can void a contract at any time during minority and, in 2014, the courts in Minnesota still follow this ruling, this is an example of a. stare decisis. b. the bystander rule. c. enabling legislation. d. statutory law.

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.

What is the major distinction between executive and independent agencies? a. Executive agencies govern business issues while independent agencies regulate individual matters. b. The Administrative Procedure Act regulates independent agencies but not executive agencies. c. The President has greater control over executive agencies. d. Subpoenas may be issued by independent agencies; executive agencies do not have subpoena power.

The last protected trait added by Congressman Smith of Virginia to the bill which became Title VII of the Civil Rights Act of 1964 was a. sexual orientation. b. race. c. sex (gender). d. national origin.

A subpoena duces tecum is different from an ordinary subpoena in that a subpoena duces cecum a. allows for privileged or confidential information to be turned over the a court or administrative agency. b. is binding on a person even if it is mailed to the person rather than handed to her by a process server. c. requires the person to bring specified documents to the court or administrative hearing. d. can only be given to an expert to require a personal appearance before a court or administrative hearing.

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.

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 U.S. Supreme Court's holding in Ward's Cove Packing v. Atonio a. upheld the ruling in Griggs v. Duke Power Co. b. found that overt racial discrimination existed. c. set forth a "business necessity" requirement for employment hiring practices. d. 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.

The Occupational Safety and Health Administration (OSHA) has proposed rules aimed at reducing repetitive-stress injuries. ATC, Inc. disagrees with the proposed rules. If ATC, Inc. wants to challenge the proposed rules, it must do so in court before the rules become final.

The largest source of new law comes from court decisions

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

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? a. The parties are not represented by attorneys. b. The Federal Rules of Criminal Procedure govern the admissibility of evidence. c. A jury decides the matter. d. The losing party has a right to appeal.

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.

Administrative agency rules consist of a. promulgated and unpromulgated rules. b. legislative and interpretive rules. c. informal and "notice and comment" rules. d. executive and independent rules.