BULE TEST 1 review
In the United States, who creates federal statutory law A. the judiciary. B. uniform law committees C. Congress. D. the executive branch
C. Congress
Which of the following are sources of administrative law? Choose 3 answers. A. agency opinions B. executive orders C. agency regulations D. agency guidance
A. agency opinions B. executive orders C. agency regulations
Zayden was recently arrested for driving while intoxicated. The law in his state defines the crime of driving while intoxicated as operating a motor vehicle on the public roads with a blood alcohol content over 0.8%. State law also states that anyone convicted of this crime has the right to appeal. Zayden recently took a criminal justice course in college and remembers studying the differences between substantive and procedural law. In his current situation, he knows that: A. the law that defines the crime is a substantive law, and the law that provides for the right to appeal is a procedural law. B. both laws are procedural. C. the law that defines the crime is a procedural law, and the law that provides for the right to appeal is a substantive law. D. both laws are substantive.
A. the law that defines the crime is a substantive law, and the law that provides for the right to appeal is a procedural law.
Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause? Choose 2 answers. A. Federal law only preempts state law when Congress has expressly stated the preemption for the entire field. B. A state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath. C. A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field. D. Federal environmental laws will always preempt a state's water pollution law for its state parks.
B. A state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath. C. A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field.
Which of the following statements explains the formation and purpose of a federal administrative agency? Choose 2 answers. A. A federal administrative agency is given its authority in the U.S. Constitution. B. Most federal administrative agencies are subject to the authority of the president, but some are independent. C. An administrative agency is formed by enabling legislation that also provides the authority to establish regulations that will implement and enforce the law. D. As part of the executive branch, a federal administrative agency is formed by the president to establish regulations that will implement and enforce the law.
B. Most federal administrative agencies are subject to the authority of the president, but some are independent. C. An administrative agency is formed by enabling legislation that also provides the authority to establish regulations that will implement and enforce the law.
The Administrative Procedure Act (APA) is the federal law that does which of the following? A. The APA requires an economic impact statement for rules or regulations that impact small businesses. B. The APA sets out the rule-making process for administrative agencies. C. The APA requires Congress to review agency rules and regulations before they become final. D. The APA requires that agencies conduct public hearings.
B. The APA sets out the rule-making process for administrative agencies.
What is the term given to an administrative decision that is unreasonable or implausible in light of the facts and evidence? A. clearly erroneous B. arbitrary and capricious C. substantial error D. abuse of discretion
B. arbitrary and capricious
As a judge, Bonnie applies common law rules. These rules develop from A. federal and state statutes. B. court decisions. C. administrative regulations. D. proposed uniform laws.
B. court decisions.
If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may: A. modify the law. B. invalidate the law. C. require the legislature to amend the law. D. interpret the law.
B. invalidate the law.
Machismo Motor Sales Corporation regularly advertises its off-the-road vehicles, all-terrain vehicles, and other products. Under the First Amendment, these ads and other commercial speech are given A. the same protection as defamatory speech. B. less extensive protection than noncommercial speech. C. more extensive protection than symbolic speech. D. no protection.
B. less extensive protection than noncommercial speech.
The U.S. Mine Safety Administration conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in A. no industries. B. newly regulated industries only. C. highly regulated industries. D. all industries.
C. highly regulated industries.
The judicial branch may limit an administrative agency's actions by which of the following? Choose 2 answers. A. a court's removal of an agency officer B. a court's modification of the agency's authority C. judicial review of the agency's regulations D. judicial review of the agency's orders on appeal
C. judicial review of the agency's regulations D. judicial review of the agency's orders on appeal
Substantive law governs a person's: A. procedural responsibilities. B. regulatory responsibilities. C. rights and responsibilities. D. ethical responsibilities.
C. rights and responsibilities.
A provision in the California state constitution conflicts with a provision in the U.S. Constitution. If challenged A. neither provision will be enforced. B. the state provision, not the U.S. Constitution, will be enforced. C. the U.S. Constitution, not the state provision, will be enforced. D. the provisions will be balanced to reach a compromise.
C. the U.S. Constitution, not the state provision, will be enforced
Beth is a victim of Carl's violation of a criminal law. Criminal law is concerned with A. the prosecution of private individuals by other private individuals. B. the prosecution of public officials by private individuals. C. the relief available when a person's rights are violated. D. wrongs committed against the public as a whole.
D. wrongs committed against the public as a whole.
What is true of corporate political speech? Choose 2 answers. A. Corporate political speech is more restricted than corporate commercial speech. B. Political donations are protected by the First Amendment as types of corporate political speech. C. Corporate political speech is protected by the First Amendment. D. Corporate political speech is strongly restricted in a presidential election year.
B. Political donations are protected by the First Amendment as types of corporate political speech. C. Corporate political speech is protected by the First Amendment.
Megan Kanka was raped and murdered in 1994, when she was only seven years old, by one of her neighbors. As a result of her murder, a federal statute was created that requires law enforcement authorities to make information available to the public regarding registered sex offenders. This federal statute was created by: A. the U.S. Supreme Court. B. a federal district court. C. a federal agency. D. Congress.
D. Congress
The U.S. Citizenship and Immigration Service issues a rule. Like the rules of other federal administrative agencies, this rule is compiled in A. The Federal Rules of Civil Procedure. B. the United States Code. C. the Administrative Register of the Federal Government. D. the Code of Federal Regulations.
D. the Code of Federal Regulations
With some exceptions, every portion of every meeting of the Federal Reserve System Board of Governors and other federal administrative agencies must be open to public observation under A. the Public Accountability Act. B. the Freedom of Information Act. C. no federal or state law. D. the Government in the Sunshine Act.
D. the Government in the Sunshine Act.
Smithy Saddlery is a saddle shop subject to the laws of New York. In New York, the highest-ranking (superior) law is A. a statute enacted by the New York legislature. B. a rule created by a New York state administrative agency. C. a provision in the New York constitution. D. a case decided by the New York Court of Appeals.
C. a provision in the New York constitution.
Marie claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on A. procedures used in making decisions to take life, liberty, or property. B. the content of the statute. C. the similarity of the treatment of similarly situated individuals. D. the steps to be taken to protect Marie's privacy.
A. procedures used in making decisions to take life, liberty, or property
How a hearing or court case is conducted is governed by: A. interpretation B. procedural law. C. venue. D. statutory law.
B. procedural law
What do legal professionals use to analyze court decisions that are relevant to their clients' cases? A. local court rules B. the FLAC method C. promulgation D. case briefing
D. case briefing
Dion is head of the National Security Agency, a subagency of the Department of Defense. Dion has held the position for years and feels comfortable that he is secure in his position. However, after Dion holds a press conference where he directly contradicts a statement the president made, he receives a letter from the president removing him from his position. Dion objects to the firing, stating that he can only be removed from office "for good cause." If Dion sues for being wrongfully removed from office, he will: A. win because Congress is the entity with the authority to remove officers of executive federal agencies. B. lose because only Congress can remove officers of executive federal agencies and only for good cause. C. lose because the president has the power to appoint and remove officers of executive federal agencies. D. win because the president can only remove officers of executive federal agencies for good cause.
C. lose because the president has the power to appoint and remove officers of executive federal agencies.
What is the term for a court's determination that an administrative agency decision is the result of plain error or mistake? A. contrary to law B. mistake of fact C. clearly erroneous D. abuse of discretion
D. abuse of discretion
What are the three levels of scrutiny used by courts to determine the constitutionality of a government action? Choose 3 answers. A. strict scrutiny B. intermediate scrutiny C. rational basis review D. factual basis review
A. strict scrutiny B. intermediate scrutiny C. rational basis review
Sofia works in the advertising department of Energy First, a company that manufactures a vitamin supplement that allegedly boosts a person's energy level. Sofia creates an advertisement for the product that states that Energy First has been clinically proven to boost energy levels when she knows that no such study has occurred. Can the government prevent Sofia from making such claims in her advertisements? A. Yes, commercial speech is even more protected under the First Amendment than individual speech. B. No, the government cannot regulate free speech. C. Yes, the government has a substantial interest in protecting the health of the public, and the restriction on these claims advances that interest without going any further than necessary. D. No, the government cannot because in doing so, the government goes too far in restricting free speech.
C. Yes, the government has a substantial interest in protecting the health of the public, and the restriction on these claims advances that interest without going any further than necessary.
State statutory law is created by: A. elected congressional members. B. elected members of the judiciary. C. the governor. D. elected members of the state legislature
D. elected members of the state legislature
When an agency needs to enforce the law or its regulations, it may exercise which of the following powers? Choose 3 answers. A. conduct a hearing to obtain a final order B. investigate complaints and possible violations of its regulations or the law C. issue restraining orders D. issue a subpoena
A. conduct a hearing to obtain a final order B. investigate complaints and possible violations of its regulations or the law D. issue a subpoena
Which of the following citations indicates that the citation is referencing state statutory law? Choose 2 answers. A. Cal. Penal Code § 11164(a) (West 2020) B. 856 S.W.2d 12 (Ark. 1993) C. 24 C.F.R. Part 570 D. Ark. Code Ann. § 6-17-2401 (2020)
A. Cal. Penal Code § 11164(a) (West 2020) D. Ark. Code Ann. § 6-17-2401 (2020)
What is the system of government called in which states form a union and share sovereign power with the central government of the union? A. Federalism B. democracy C. bureaucracy D. republicanism
A. Federalism
A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers. A. It must directly advance a government interest. B. It must not be financially detrimental to a company. C. It must not be overly restrictive to meet its objectives. D. It must seek to implement a substantial government interest.
A. It must directly advance a government interest. C. It must not be overly restrictive to meet its objectives. D. It must seek to implement a substantial government interest.
Esther is pulled over for crossing the yellow line with her automobile. The officer suspects Esther is intoxicated, so she administers a field sobriety test. Esther blows a .16 on the test, so the officer arrests Esther for DWI. Esther decides to fight the charge. Her defense is that she is an alcoholic, and the laws against driving while intoxicated unconstitutionally discriminate against her and other alcoholics. Does Esther have a valid defense to her DWI charge? A. No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people. B. Yes, she does because laws that regulate economic or social issues are presumed invalid, and the courts will apply intermediate scrutiny in evaluating whether such laws discriminate against people. C. No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply intermediate scrutiny in evaluating whether such laws discriminate against people. D. Yes, she does because laws that regulate economic or social issues are presumed invalid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people.
A. No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people.
The Merit Systems Protection Board issues a rule. Like other adminis-tra-tive agencies' "legislative rules," this rule is as A. binding as a law passed by Congress. B. persuasive as an expert's opinion. C. suggestive as a newspaper's editorial. D. unenforceable as a salesperson's puffery.
A. binding as a law passed by Congress.
Brad stands in front of Rooster's Round-Up Café, shouting "fighting words" that are likely to incite Rooster's patrons to respond violently. The First Amendment protects such speech A. none of the time. B. only if it is symbolic. C. all of the time. D. only if it is noncommercial.
A. none of the time
Phyllis has worked as a mechanic for Boeing Corporation for the last ten years. Phyllis recently found out she is pregnant, so she requests a transfer to another position that does not require as much lifting. Boeing refuses to transfer Phyllis and fires her instead. Phyllis files a complaint with the EEOC for a violation of the Pregnancy Discrimination Act, and that agency, the EEOC, decides the case in Boeing's favor. After exhausting all administrative remedies, Phyllis files a lawsuit in federal court, which will: A. show deference to the agency's decision on both questions of law and fact, upholding the decision unless it is unreasonable. B. show no deference to the decision of the agency on either questions of law or fact; the court may substitute its judgment for that of the agency. C. show deference to the decision of the agency on questions of law only, upholding it unless the decision is unreasonable. D. show deference to the decision of the agency on questions of fact only, upholding it unless the decision is unreasonable.
A. show deference to the agency's decision on both questions of law and fact, upholding the decision unless it is unreasonable.
What type of speech does not receive First Amendment protections? Choose 3 answers. A. unpatriotic speech B. threats to the president of the United States C. speech that incites lawlessness D. obscenity
B. threats to the president of the United States C. speech that incites lawlessness D. obscenity
Roger has worked for an agency, the Federal Reserve, for ten years. Recently, Roger has heard rumors that multiple employees have contracted COVID-19, a highly contagious and potentially dangerous disease, although they have recovered completely. Nevertheless, Roger is still concerned about being around these people, so Roger asks his employer, the Federal Reserve, for a list of these employees. The Federal Reserve refuses, so Roger files a Freedom of Information Act (FOIA) request for the information. Under the FOIA, will the Federal Reserve provide Roger this list? A. Yes, Roger has a good reason for requesting this information. B. No, this information is confidential and personal. C. No, because as a current employee of an agency, the Federal Reserve, Roger cannot file a FOIA request with the Federal Reserve. D. Yes, providing this information does not violate normal agency policies.
B. No, this information is confidential and personal.
Legal researchers will use which of the following tools to locate a court decision? Choose 2 answers. A. published session laws B. online legal research engines such as Lexis, Westlaw, or Bloomberg C. bound volumes of reported court decisions, organized by jurisdiction, date, and courts D. published ordinances
B. online legal research engines such as Lexis, Westlaw, or Bloomberg C. bound volumes of reported court decisions, organized by jurisdiction, date, and courts
What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights? A. intermediate scrutiny B. rational basis review C. legitimate interest review D. strict scrutiny
B. rational basis review
Rhea, a 45-year-old supervisor in a women's retail clothing store, recently learned that a younger co-worker was promoted to a position she had applied for. Rhea has more experience and more time with the company and has always gotten excellent scores in her annual reviews. Rhea files an action with the Equal Employment Opportunity Commission (EEOC) for age discrimination. The Administrative Law Judge (ALJ) issues an order in favor of Rhea. This decision of the ALJ is: A. only a temporary order unless either party appeals. B. the final order in the case unless the store appeals. C. the final order in the case unless Rhea appeals. D. only a temporary order; there will always be a different final order.
B. the final order in the case unless the store appeals.
What is the exhaustion doctrine? A. The exhaustion doctrine permits a person to seek judicial review of any unreasonable agency determination, whether or not it is final. B. A court will apply the exhaustion doctrine to determine if an administrative agency did all that it could to amicably resolve a dispute. C. A person may seek judicial review of an agency decision only after they have followed all agency procedures to obtain a remedy for their complaint and have obtained a final order from the agency. D. The exhaustion doctrine is the standard by which a court will review a decision of an administrative agency.
C. A person may seek judicial review of an agency decision only after they have followed all agency procedures to obtain a remedy for their complaint and have obtained a final order from the agency.
The legislation that requires an administrative agency to respond to requests from citizens for agency records is called the: A. Administrative Procedure Act (APA). B. Information Transparency Act (ITA). C. Freedom of Information Act (FOIA). D. Government in the Sunshine Act.
C. Freedom of Information Act (FOIA).
Which of the following is an example of federal agency regulations that impact business operations? A. U.S. Supreme Court decisions B. The Consumer Protection Act C. Internal Revenue Service rules for business tax audits D. wage and hour laws
C. Internal Revenue Service rules for business tax audits
During the pandemic of 2020, the City of Mayberry passes an ordinance that requires all citizens to wear a face mask in public. Addison believes that the government cannot regulate his personal behavior and refuses to wear a mask; he says that forcing him to wear a mask violates his constitutional rights! A police officer stops Addison on the street and arrests him for violating the city ordinance. Can Addison successfully challenge the mask ordinance on constitutional grounds? A. No, the federal government has the authority to regulate this kind of behavior, and the city police officer is acting as an agent of the federal government. B. Yes, this ordinance violates a citizen's right to privacy. C. No, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power. D. Yes, this ordinance violates a citizen's right to free speech.
C. No, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power.
Judge Jasper and his friend, Judge Judy, were debating the philosophical theories of jurisprudence. Judge Jasper believes that law is just one of many institutions in society and that it is shaped by social forces and needs. Judge Jasper believes in the theory of jurisprudence called: A. the historical school of legal thought. B. legal positivism. C. legal realism. D. the natural law theory.
C. legal realism.
Which of the following statements correctly reflects the role of a federal administrative law judge (ALJ)? A. An ALJ's final order may only be overturned by a court if it is unreasonable. B. An ALJ's final order may be re-tried in a federal district court. C. An ALJ's final order may not be reviewed by a court. D. An ALJ presides over an administrative hearing and issues an order that, when final, may be reviewed by a court.
D. An ALJ presides over an administrative hearing and issues an order that, when final, may be reviewed by a court.
Harold is the owner of Fairway Lawn Service, which provides lawn-care services to residential and commercial customers. Harold regularly sprays his customers' lawns with a pesticide that contains glyphosate. The Environmental Protection Agency (EPA) issues a citation to Harold for commercial use of the pesticide. The EPA says glyphosate can only be used in residential applications. Harold knows that this has not been the law in the past, so he searches the EPA website for information about glyphosate. Harold finds nothing that indicates glyphosate cannot be used in commercial applications, so Harold demands a hearing to dispute the citation he has been issued. Harold will probably: A. lose because as a commercial lawn care provider, Harold must stay abreast of current research on pesticides. B. win because Harold's use of glyphosate would be grandfathered in. C. lose because the EPA is not required to give notice before it changes environmental rules. D. win because the EPA did not give notice of the rule change regarding glyphosate.
D. win because the EPA did not give notice of the rule change regarding glyphosate.
Nevada passes a statute that any 18-wheel truck passing through Nevada must meet a Clean Fuel Fleet Exhaust Emission Standard of no more than 2.8 nitrous oxide (NOx). The federal statute requirement for such trucks is no more than 3.8 NOx. Carlton is driving his 18-wheeler cross-country to deliver a load and stops at a Nevada weigh station. The weigh station officer inspects Carlton's documents, notes that Carlton's truck has a 3.4 NOx emission level, and issues a citation. On what grounds might Carlton fight this citation? A. The state statute preempts the federal statute under the Supremacy Clause. B. The federal statute preempts the state statute under the Full Faith and Credit Clause. C. The state statute preempts the federal statute under the Full Faith and Credit Clause. D. The federal statute preempts the state statute under the Supremacy Clause.
D. The federal statute preempts the state statute under the Supremacy Clause.
The abbreviation "U.S." in the legal citation Brown v. Board of Education, 347 U.S. 483 (1954) references the: A. U.S. Supreme Court. B. United States Supreme Court Reports Lawyers' Edition. C. United States. D. United States Reports.
D. United States Reports.
Tillie is served with a lawsuit to collect a debt Tillie allegedly owes to Big Ben Clocks. The summons attached to the lawsuit says that Tillie has thirty days to answer the complaint. Fifteen days later, Tillie receives a copy of a default judgment in the mail, directing Tillie to pay $1000 to Big Ben Clocks. Does Tillie have any grounds on which to have the default judgment set aside? A. No, once a court enters a judgment of any kind, it is final. B. Yes, it is a violation of substantive due process. C. No, a violation of procedural due process is not a ground to set aside a default judgment. D. Yes, it is a violation of procedural due process.
D. Yes, it is a violation of procedural due process.
Martin, a U.S. citizen, feels that a recently enacted federal law is unfair. He assembles a group of friends and they write a petition to the government. Martin and friends then stand quietly in front of the White House with signs declaring their belief that the law is unfair. Under the First Amendment, Martin has a right to A. neither petition the government nor assemble peaceably. B. petition the government, but not to assemble a group peaceably. C. assemble peaceably, but not to petition the government. D. both petition the government and assemble peaceably.
D. both petition the government and assemble peaceably
What is the medium level of scrutiny, sometimes called heightened scrutiny, that a court will use when deciding a case that involves a quasi-suspect class? A. rational basis B. secondary level scrutiny C. strict scrutiny D. intermediate scrutiny
D. intermediate scrutiny
The Financial Institutions Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include banks. Under the Constitution, Congress A. administers the laws. B. enforces the laws. C. interprets the laws. D. makes the laws.
D. makes the laws
A legal citation for a court decision is used by legal professionals to research the law, and includes: A. a summary of the case. B. party names and the court's holding. C. plaintiff and defendant names, and facts of the case. D. party names, location of the published case, court, and date of decision.
D. party names, location of the published case, court, and date of decision.
The Tenth Amendment to the U.S. Constitution A. requires each state in the union to have its own constitution. B. does not exist. C. reserves to the federal government all powers not granted to the states. D. reserves to the states all powers not granted to the federal government.
D. reserves to the states all powers not granted to the federal government.
Joan's lawyer, Albert, feels pretty good about the chances of winning Joan's case. He has found a case directly on point, which means it has the same issue and very similar facts. If the court follows the decision in the case Albert found, then Joan will win her case. Albert argues Joan's case to the trial court, and the trial court decides for Joan. The fact that the trial court decided the case in Joan's favor is an example of: A. common law. B. precedent. C. persuasive authority. D. stare decisis.
D. stare decisis.
Elton is a state representative for the North Dakota legislature. Recently, Elton and his colleagues in the legislature proposed a law that would increase the penalty drivers would have to pay if they pass a stopped school bus. The type of law that Elton and his colleagues will enact is known as: A. administrative law. B. an ordinance. C. common law. D. statutory law.
D. statutory law.
Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law? A. the Bill of Rights B. the Equal Protection Clause C. the Commerce Clause D. the Supremacy Clause
D. the Supremacy Clause
The U.S. Social Security Administration is a federal agency. The Iowa Department of Social Services is a parallel state agency. If these agen-cies' regulations conflict A. the two agencies' regulations take equal precedence. B. the state agency's regulations take precedence. C. the two agencies' regulations cancel each other. D. the federal agency's regulations take precedence.
D. the federal agency's regulations take precedence