blaw test 2 part 4

In a case in which a doctor is sued for negligence due to an accidentally botched surgery, the reasonable person standard would be that of:

a reasonably skilled, competent and experienced doctor

The Constitution was amended almost immediately to ensure that there was:

adequate protection for individual rights

Substantive (legislative) rules issued by agencies are:

administrative statutes with the same force and effect of law as statutes passed by Congress

Tort law can be classified as:

all of the other choices

Postal authority is an example of:

an area states may not regulate

A federal law passed by Congress granting powers to an agency is called:

an enabling statute

Intentional conduct that places a person in fear of immediate bodily harm or offensive contact is the tort of:

assault

If Congress is not satisfied with the way an administrative agency is performing it:

can change how the agency operates

Intentional torts:

concern the interference with personal or property rights

The Bill of Rights is the:

first 10 amendments of the U.S. Constitution

The proximate cause of an injury is the ____ cause of the injury.

legal

Administrative rules are classified as substantive (legislative), interpretative, and:

procedural

Administrative agencies enforce regulations by doing which of the following:

requiring businesses to self-report and direct observation by agency personnel

A law must relate rationally to a legitimate government interest to:

satisfy due process requirements

Proximate cause limits liability to harms:

that bear a reasonable relationship to the defendant's negligent conduct

Administrative agencies are often created by Congress because:

they can consider technical details more effectively than congress and have the ability to monitor a regulated industry on a continuous basis (dont include last part)

The primary purpose of the Administrative Procedures Act is:

to define procedural rules and formalities of administrative agencies

Tort suits generally come from:

unexpected instances of carelessness or bad behavior

In Palsgraf v. Long Island Railroad, where Palsgraf was hit by machinery that fell when an explosion occurred at a train station, and she sued the railroad for negligence, the New York high court held that the railroad:

was not liable because of a lack of proximate cause

To determine if a person's conduct was negligent, one asks

what would a reasonable, qualified person have done under the same or similar circumstances?

Which of the following types of speech are not protected by the First Amendment?

yelling "Fire" at a crowded basketball game