study guide 2

Flashcard maker : Lily Taylor
1 The U.S. Food Safety and Inspection Service conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in
highly regulated industries.
2 Dynamic Oil Corporation, a U.S. firm, owns property in Ecuador. When the government of Ecuador seizes the property, Dynamic Oil asks a U.S. court to order the property’s return. The court rules that Ecuador is exempt from the court’s jurisdiction. This is
the doctrine of sovereign immunity.
3 To notify the public of a proposed rule, the U.S. Office of Labor-Management Standards, like other federal agencies, publishes the proposal in
X the Federal Register.

the Code of Federal Regulations.

4 The Foreign Sovereign Immunities Act broadly defines commercial activity.
5 Federal administrative agencies can exercise only those powers that a state legislature has delegated to them in enabling legislation.
6 International contracts rarely include arbitration clauses.
7 Congresswoman Smith and other politicians want to prohibit the import of certain genetically modified agricultural products that they believe may pose a danger to domestic crops. With respect to these products’ import, Congress can
prohibit the imports.
8 A foreign state is immune from the jurisdiction of U.S. courts unless the state is involved in commercial activity within the United States.
9 The importation of goods that infringe U.S. patents is not prohibited.
10 Substantive due process limits what the government can do in its legislative and executive capacities.
11 A party can be directly prosecuted for violating an administrative agency’s interpretive rule or guidance document.
12 No federal statute specifically addresses cyber crime.
13 Grid Tools & Hardware Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Grid Tools wants a court to review it. First, however, the firm must use all of the potential administrative remedies. This is
X the states.
the exhaustion doctrine.
14 The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry its expressly designated powers. Under the Tenth Amendment, all other powers are expressly reserved to
the states.
15 A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.
16 Selena’s Fajitas, a fast food outfit, files a suit against the state of Texas, claiming that a Texas state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on
interstate commerce.
17 An international custom can be defined as “evidence of a general practice accepted as law.”
18 Utah enacts a law that restricts certain kinds of advertising to protect consumers from being misled. This law would likely be held by a court to be
X necessary to protect state interests.
Xjustified by the need to protect individual rights.
19 Congress may tax some states and exempt others.
20 Few countries guarantee compensation to foreign investors if their property is taken.
1-1 Suisse Internationale, a Swiss maker of athletic equipment, enters into a price fixing agreement with Total World Sports, a U.S. wholesaler of Suisse’s products. U.S. courts will apply U.S. antitrust laws if
the price fixing has a substantial effect on U.S. commerce.
1-3 The major difference between international law and national law is that government authorities can enforce national law.
1-4 Mountain Mining Company, a U.S. firm, owns property in Bolivia. The government of Bolivia seizes the property for an illegal purpose without paying just compensation. This is
X expropriation.
1-5 Yokio, Ltd., and Zeno, S.A., transact an international sale of goods. At the request of these parties, a court in Portugal resolves a dispute between them. A U.S. court will most likely honor the judgment
X if it is consistent with U.S. laws and public policy.
1-6 Generally, U.S. employers abroad must abide by U.S. discrimination laws unless to do so would violate the laws of the country where their workplaces are located.
1-7 Secure Investments, Inc., a U.S. firm, expands into international markets through a joint venture. In this situation, Secure Investments owns
part of the operation
1-8 Racketeering is a single crime—engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds.
1-9 Jon, a law enforcement official, monitors Kelsey’s Internet activities—e-mail and Web site visits—to gain access to her personal financial data and student information. This may violate Kelsey’s right to
1-10 Generally, government inspectors do not have the right to enter business premises without a warrant.
1-11 Under the U.S. Constitution, the judicial branch interprets the laws.
1-12 Maxi Retail Corporation is subject to a decision by the National Labor Relations Board. Maxi Retail appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision
X followed a consideration of legally appropriate factors.
was plainly contrary to the evidence.
1-13 All federal agencies must follow specific procedural requirements when fulfilling their basic functions.
1-14 The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power.
1-16 The act of state doctrine provides that the judicial branch of one country will examine the validity of public acts committed by a recognized foreign government within the latter’s own territory.
1-17 Quiana, an employee of Reservations for Less, Inc., pays Svetlana, an employee of Reservations for Less’ competitor Travel Cheap, Inc., for a secret Reservations for Less pricing schedule. This may be
X insider trading.
1-18 Miranda is a U.S. citizen working in Europe for Tourist Vacations, Inc., a U.S. travel agency. Tourist fires Miranda for reasons that she believes violate U.S. antidiscrimination laws. Those laws apply
X only to signatories of the North American Free Trade Agreement.
1-19 Some countries provide insurance for their citizens’ investments abroad.
2-1 Skip is accused of a crime. Skip can refuse to provide information about his allegedly criminal activities
X if he suspects the information will be used to prosecute him.
X under no circumstances.
2-2 The International Court of Justice normally has authority to settle legal disputes only when nations voluntarily submit to its jurisdiction.
2-3 The government of North Korea violates an international law. Persuasive tactics to remedy the situation fail. The only recourse of other nations is to
X ask the International Court of Justice to enforce sanctions.
2-5 In a federal form of government, the national government does not share sovereign power with the states.
2-6 The breadth of the commerce clause permits the government to legislate only in areas in which Congress has explicitly been granted power.
2-10 Rodrick, the chief executive officer of Social Post Host Inc., claims that certain actions by the state of Texas infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit
federal and state actions.
2-11 The federal criminal code lists more than four thousand criminal offenses, all of which require a specific mental state.
2-12 The crime of theft requires only the taking of another person’s property, not the awareness that the property belongs to another.
2-13 The U.S. Fish and Wildlife Service discovers that Grosse Farm Fisheries, Inc. has violated a federal regulation. If no negotiated settlement can be reached, the agency will most likely
X file a petition with the U.S. Supreme Court.
2-14 When the meaning of a statute’s language is unclear and an agency interprets it, a court need not follow the interpretation even if it is reasonable.
2-16 Under the supremacy clause, a valid federal statute or regulation will take precedence over a conflicting state or local law or regulation on the same general subject.
2-19 Anyone can submit comments on a proposed administrative rule.
2-20 The doctrine of sovereign immunity provides that only a head of state can make treaties with another nation.
3-1 One element that normally must exist for a person to be convicted of a crime is the performance of a prohibited act.
3-2 Legislative rules simply declare policy and do not affect legal rights or obligations.
3-3 Kimberly, the owner of Littleton Cinema, trusts Max to manage the theater’s daily cash flow. One night, without Kimberly’s knowledge or consent, Max takes and keeps $1,000 from the receipts. This is most likely
3-5 The Foreign Sovereign Immunities Act broadly defines commercial activity.
3-6 An administrative rule may be arbitrary and capricious if the agency failed to provide a rational explanation for its decision.
3-7 In reviewing the actions of the U.S. Bureau of Land Management and other federal agencies, the courts
are usually reluctant to review questions of fact.
3-8 Persons who favor the creation of a federal biotech agency to regulate the production of genetically modified agricultural and animal products should concentrate their lobbying efforts on
X the president of the United States.
X the United States Supreme Court.
3-9 A federal administrative agency must alert small businesses—through advertising in trade journals, for example—about forthcoming regulations.
3-10 Armando is a witness in a controversy involving the U.S. Bureau of Tobacco and Firearms. Armando can be compelled to appear before an administrative law judge if he is served with
a subpoena.
3-11 Warrants are required to conduct administrative searches in all highly regulated industries.
3-12 The principle of comity basically refers to legal reciprocity.
3-13 If a person in custody is to be subjected to interrogation, he or she must first be informed in clear and unequivocal terms that he or she has the right to remain silent
3-15 Maura enters a gas station and points a gun at the clerk Nate. She then forces Nate to open the cash register and give her all the money. Maura can be charged with
3-16 Franchising is a form of licensing.
3-19 Mariah creates a t-shirt design that expresses support for Nathan, a presidential candidate, and distributes t-shirts imprinted with the design to her friends. The t-shirts are an example of
symbolic speech.
3-20 Klay arrests Leonida on suspicion of embezzlement. According to the United States Supreme Court in Case 7.3, Miranda v. Arizona, Leonida must be apprised of certain constitutional rights
X at any time during police interrogation.
4-3 A statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will balance the burden that it imposes on interstate commerce against
X the courts’ authority to determine that a law is unconstitutional.
X the purpose of interstate commerce.
4-6 The government of Korea sets a limit on the amount of rice that can be imported from the United States. This is
4-8Falsifying public records or altering a legal document is larceny.
4-9Foreign citizens can bring civil suits in U.S. courts for injuries caused by violations of the law of nations or a treaty of the United States.
4-10 Savers Mart, Inc., distributes its merchandise on an interstate basis. Under the commerce clause, Congress has the power to regulate
any commercial activity in the United States.
4-11 All federal government agencies must make their records available electronically on the Internet and in other electronic formats.
4-12 Pretexting is the process of obtaining information by false means.
4-14 According to the United States Supreme Court, the First Amendment prevents limits from being placed on independent political expenditures by corporations.
4-18 Global Marketing, Inc., a U.S. firm, owns property in Honduras. The government in Honduras takes Global Marketing’s property without paying for it. A U.S. court will probably not examine the validity of this act committed by Honduras within its own territory, under
X the World Trade Organization.
4-20 A failure of the U.S. Drug Enforcement Administration to comply with a request under the Freedom of Information Act (FOIA) may be challenged in
a federal district court.
5-2 Unlike statutes, administrative regulations do not have a binding effect.
5-3 The U.S. Small Business Administration issues a new regulation that will have a significant impact on a substantial number of small businesses. Under the Regulatory Flexibility Act, the agency must do all of the following except
adjust the rule to the satisfaction of the regulated businesses
5-4 Mont Blanc S.A., a French firm, imports its goods into the United States and offers those goods for sale at “less than fair value.” “Fair value” is the price of Mont Blanc’s goods in
5-5 The functions of the National Transportation Safety Board, like those of other federal administrative agencies, include
5-6 Michael, a citizen of Ireland, and Nina, a citizen of the United States, enter into a contract. When Nina breaches the contract, Michael obtains an award of damages in an Irish court. He asks a U.S. court to enforce the award. The U.S. court defers to and enforces the Irish court’s decree. This is
X the act of state doctrine.
the doctrine of sovereign immunity.
5-7 Reality Financial Corporation, a U.S. firm, files a suit against Switzerland in a U.S. court. Switzerland claims foreign sovereign immunity. Under the Foreign Sovereign Immunities Act
Reality Financial must show that Switzerland is not entitled to sovereign immunity
5-13 Corporate officers and directors may be held criminally liable for the actions of employees under their supervision.
5-14 Eartha receives from Fergie a guitar stolen from Harper. To be criminally liable, Eartha must
know that the guitar is stolen.
5-16 Leslie commits an act via e-mail against Money Investment Company, a business in New York, where the act is a cyber crime. Leslie resides in Ohio, where the act is not a crime. Prosecution of Leslie in New York involves questions of
X phishing
X service-based hacking.
5-17 Congress enables the Environmental Protection Agency to regulate air and water pollution. This congressional act is
a delegation of legislative power
5-19 State laws protect individuals’ privacy rights, often to a significant degree.
5-20 A law that prohibits or inhibits only some persons from exercising a fundamental right will be subject to “strict scrutiny” by the courts.
6-1 Coffee Klatch Party Group, a political organization, files a claim to challenge a Delaware statute that limits the liberty of all persons to broadcast “annoying” radio commercials. This claim is most likely based on the right to
X procedural due process.
substantive due process.
6-3 Dumping is the exporting of environmentally polluting goods to a foreign market.
6-4 Administrative agencies at various levels of government work together and share the responsibility of enforcing particular regulations.
6-8 Therapeutic Pharmaceutical Company is subject to regulations issued by the Food and Drug Administration, which is a federal agency. These regulations are part of the body of
administrative law.
6-11 Via the Internet, Porcio sabotages the computer system of Quik Chik’n Company, a fast-food restaurant operator, to alter the ingredients in the company’s recipes and products so that consumers of the foods become ill. Porcio is a
6-12 Fresh Meds, Inc., a U.S. firm, contracts with Gong, Ltd., a Hong Kong firm, allowing Gong to use and profit from Fresh Meds’ patented products. This is
X a joint venture.
X a distribution agreement.
X direct exporting.
6-15 The basis for India to give effect to the laws and court decisions of the United States is primarily
courtesy and respect.
6-17 Gem programs software to prompt a computer to continually crash and reboot. Gem intends to install this program on various companies’ computer systems without the companies’ knowledge. The program can reproduce itself, but must be attached to a host file to travel from one computer network to another. This program is a
7-1 Few agency rules require considerable compliance reporting from regulated entities.
7-2 Oklahoma enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. Price-Lo Mart files a suit to block the law’s enforcement. The court would likely hold that this law violates
the free exercise clause.
7-3 There are no significant differences between a trial and an administrative hearing.
7-4 Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest
X and the parties affected by it can elect how “far” to go in
applying it.

and goes no further than necessary to achieve its purpose.

7-7 For most crimes, the state must initiate prosecution within a certain number of years after the crime occurs.
7-9 Sustainable Products Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is given
7-14 The only defense to criminal liability that justifies the use of force is self-defense.
7-19 If a business firm refuses to comply with an agency’s request to inspect facilities or business records, the agency must defer to the refusal.
7-20 Federal agencies must consider ways to reduce the economic impact of new regulations on small businesses.
8-2 The term police powers encompasses just the enforcement of criminal laws.
8-4 Personnel Employment, Inc., has been ordered to appear at a hearing before an administrative law judge of the Social Security Administration. A significant difference between a trial and an administrative hearing is that
X clients are not allowed to communicate with their attorneys during administrative hearings.

hearsay can be introduced as evidence in an administrative hearing.

8-5 Landon is arrested at a warehouse in Metro Corporate Park. A government prosecutor issues a formal charge against Landon for receiving stolen property. This charge is an
X indictment
8-6 Closed meetings of the National Security Agency and other federal administrative agencies are permitted when
X the subject of the meeting concerns accusing a person of a crime.
X open meetings would frustrate the implementation of future actions.
8-9 The theft of trade secrets is a civil wrong but not a crime.
8-10 Expression—oral, written, or symbolized by conduct—is not subject to restrictions.
8-13 International law requires nations to honor the actions of other nations.
8-18 In a criminal case, the state must prove its case by a preponderance of the evidence.
8-19 Farouk uses his computer to break into Global Financial Center’s computer. Farouk is a
8-20 Congress enacts the Supplemental Income Tax Act (SITA) to exempt the citizens of New Jersey from federal taxes until their coastal towns are rebuilt from the ravages of a recent hurricane. SITA will most likely be
X held to be valid under the equal protection clause.
9-2 In an effort to reduce traffic, Bay City enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of
X the First Amendment.
X the due process clause.
9-5 The First Amendment does not require a complete separation of church and state.
9-7 Business has little incentive to try to influence the regulatory environment through lobbying.
9-8 Nini, a police officer, wants to search the offices of Operational Business Corporation. She asks Judge Pearl to issue a warrant. Under the Fourth Amendment, no warrant for a search can be issued without
probable cause.
9-11 Each member of the World Trade Organization is obligated to treat other members at least as well as it treats the country that receives its most favorable treatment with regard to imports or exports.
9-13 A decision by the federal Environmental Protection Agency (EPA) on the amount of carbon that can be emitted from a car’s exhaust system conflicts with a California state law. In this situation, under the supremacy clause,
the EPA’s decision takes precedence.
9-20 Klay arrests Leonida on suspicion of embezzlement. According to the United States Supreme Court in Case 7.3, Miranda v. Arizona, Leonida must be apprised of certain constitutional rights
X after any police interrogation.
10-8 To restrict or encourage exports, Congress can set quotas on various items, such as grain being sold abroad.
11-8Omega, Ltd., imports athletic shoes made in Southeast Asia into the United States. To obtain a larger share of the U.S. market, Omega sells the athletic shoes at lower prices here than in its exporting countries. With respect to these imports, the United States may
assess antidumping duties.
11-11 Once immunity is given, a person has an absolute privilege against self-incrimination and can no longer refuse to testify on Fifth Amendment grounds.

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