blaw final

Five examples of administrative agencies

1) U.S Securities and Exchange Commission 2) Equal Employment Opportunity Commission 3) Department of Fair Employment and Housing 4) Internal Revenue Service 5) Employment Development Department

California counterpart of the Equal Employment Opportunities Commission is called the

Department of Fair Employment and Housing

A foreign state is immune from the jurisdiction of U.S. courts as long as the state is involved in commercial activity in the United States

False

A plaintiff doesn't have to exhaust their administrative remedies

False

An agency cannot conduct a search warrant

False

California is not an employment at will state

False

Courts generally do not defer to an agency's findings on facts within an area of its expertise

False

Disparate treatment discrimination occurs when an employer intentionally discriminates against an employee

False

Every battery includes an assault.

False

If the EEOC doesn't investigate a claim, the victim has no other option.

False

Slander is defamation in written form.

False

The Administrative Procedure Act cannot provide for judicial review of agency actions

False

The chief aim of the European Union and other trade organizations is to minimize trade barriers among their members

False

The government awards just compensation when confiscation occurs.

False

There are no exceptions to the employment-at-will doctrine

False

U.S. antidiscrimination laws, as they affect employment relationships, generally do not apply outside the U.S

False

The principle of comity is based primarily on an international treaty

False (permissive)

On proof of discrimination, the victim may be awarded the following:

Reinstatement, back pay and retroactive promotions

A treaty is a contract or other agreement between two or more nations that must be ratified by the United Nations to take effect.

True

Amanda, who resides in a comparative negligence state, is found to be 15% negligent in causing a car accident. Therefore, Amanda may recover damages.

True

An international custom is a general practice accepted in the international arena as law

True

Discrimination complaints brought under federal law must be filed with the Equal Employment Opportunities Commission (EEOC)

True

Employers do not have to pay overtime wages to exempt employees

True

Employment discrimination against persons with physical or mental impairment that substantially limits their everyday activities is prohibited

True

Expropriation occurs when a government seizes a private property for a proper public purpose and awards just compensation.

True

In some Islamic countries, the law is often influenced by the religious law of Islam

True

International law attempts to reconcile the authority of each nation over its own affairs with its desire to benefit from trade and harmonious relations

True

International law is a body of law that governs relations among nations.

True

Michael's ex chases him with her car. Fearing for his life, Michael runs as fast as his legs can carry him and is able to avoid being hit. This is an example of an assault

True

Once an affirmative action program has succeeded, it must be changed or dropped

True

Strict liability is always imposed on the owner of a wild animal that injures another.

True

There is an implied contract in every employment relationship

True

Title VII prohibits employers and unions from discriminating against persons because of their religion.

True

To create an agency, Congress enacts enabling or subsequent legislation.

True

Women affected by pregnancy must be treated for all job-related purposes the same as persons not so affected but similar in ability to work.

True

enabling legislation specifies the powers of an agency

True

China and India form an agreement to govern their commercial exchanges with one another. This is a. a bilateral agreement. b. a lateral agreement c. a multilateral agreement. d. a unilateral agreement

a. a bilateral agreement

Omar, a congressman, believes that a federal agency is needed to oversee the consumer lending industry. Congress has the power to establish an agency with functions that include: a. adjudication b. prevarification c. qualification d. regurgitation

a. adjudication

The Federal Trade Commission (FTC) issues an order relating to the advertising of Discount Mart, Inc. Discount Mart appeals the order to a court. The court may review whether the FTC's action is a. arbitrary, capricious, or an abuse of discretion. b. discourteous, disrespectful, or dissatisfying to one or more of the parties. c. flippant, wanton, or in disregard of social norms. impious, non-utilitarian, or in violation of ethical precepts

a. arbitrary, capricious, or an abuse of discretion

Sudan seizes the assets of Triage Medico, Inc., a U.S. firm. Triage's recovery from Sudan in a U.S. court may be prevented by a. the act of state doctrine. b. the doctrine of sovereign immunity. c. the Foreign Corrupt Practices Act. d. the principle of comity

a. the act of state doctrine.

Bona Fide Occupational Qualification (BFOQ)

another defense to discrimination, applies when discrimination against a protected class is essential to a job. In other words, when a particular trait is a BFOQ. Race can never be a BFOQ

Claire threw a knife at Andrew, intending to injure him severely. However, Claire missed Andrew. Andrew saw the knife just as it whizzed by his head, missing it by about one inch. As a result, Andrew was very scared. Andrew sued Claire for assault and battery. Which of the following us most correct? a. Claire will be liable for battery, but not assault. b. Claire will be liable for assault, but not battery. c. Claire will be liable for assault and for battery. d. Claire will not be liable for either assault or battery because this is only a criminal matter.

b. Claire will be liable for assault, but not battery.

"Cheveron Deference"

bias/scale is tipped in favor of agency

The U.S. Fish and Wildlife Service orders Quinn to stop using a certain type of fishing net from his boat. To appeal this order to a court, Quinn must: a. Appeal simultaneously to the court and to the agency. b. Bypass all administrative remedies and appeal directly to the court. c. Exhaust all administrative remedies. d. Ignore the agency and continue using the net.

c. Exhaust all administrative remedies.

The government of Japan sets a limit on the amount of rice that can be imported from the United States. This is a. a dumping duty. b. an antidumping duty c. a quota. d. a tariff

c. a quota

Like other federal agencies, the Environmental Protection Agency (EPA) may obtain information concerning activities and organizations that it oversees by issuing a. a complaint b. a rule c. a subpoena d. a judgment

c. a subpoena

The EEOC monitors compliance with the federal anti-discrimination laws. The EEOC ________ sue organizations that violate these laws.

can

Which of the following is not an element of the tort of negligence? a. The tortfeasor owed a duty of care. b. The tortfeasor breached his/her duty of care. c. The victim sustained injury or damages. d. The victim was assaulted.

d. The victim was assaulted.

Call Center Corporation, a U.S. firm, owns property in India. The government of India seizes the property for a proper public purpose and pays Call Center just compensation. This is a. confiscation. b. defalcation c. dumping. d. expropriation

d. expropriation

Bonilla, Inc., a U.S. firm, contracts with Cooney, Ltd., a U.K. firm, allowing Bonilla, Inc. to use and profit from Cooney, Ltd's patented products. This is a. a distribution agreement. b. a joint venture c. direct exporting. d. licensing

d. licensing

In the global environment of business, the law of a particular nation, such as Brazil, China, or India, is classified as a. environmental law. b. global law c. international law. d. national law

d. national law

In making rules, the procedures of the Equal Employment Opportunity Commission and other federal agencies normally include a period during which a. judges are asked about a proposed rule. b. probable violators of a proposed rule are notified and publicized. c. the administrators "notice' a problem and "comment" on it. d. the public is asked to comment on a proposed rule.

d. the public is asked to comment on a proposed rule.

sovereign immunity doctrine

doctrine that states that a foreign sovereign generally cannot be sued unless an exception to the Foreign Sovereign Immunities Act of 1976 applies

Two limitations on agency powers are _______ and ________

executive and legislative

In a sexual harassment case, an employer cannot be held liable for the actions of a non-employee

false

In a sexual harassment case, an employer cannot be held liable for the actions of an employee

false

The california law that corresponds to Title VII is called the

federal employment and housing act

Administrative agencies are sometimes referred to as the

fourth branch

A victim files a claim with the EEOC, which investigates and _________ if a settlement between the parties is not reached.

may sue

If the EEOC does not sue, the victim _______

may sue