Chapter 4 Worksheet

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

True

Courts often overturn an agency's interpretation of the law. True or False.

False

Each state has a legislature, which passes statutes for that state and for the nation. True or False.

False

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. T or F.

False

Most adjudications begin with a hearing before an administrative law judge and no jury. True or False.

True

Some congressional committees have more power and influence than others. True or False.

True

States pass statutes that govern that state only True or False.

True

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. T or F.

True

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. T or F.

True

Common law is judge-made law. It is the sum total of all the cases decided by

appellate courts For example, the common law of New York is comprised of all the cases decided by appellate courts in New York. Two hundred years ago, almost all law was made by common law. Today, most new law is statutory.

The Administrative Procedure Act

applies to all federal agencies.

Statutory law is to legislative bodies as common law is to

courts.

The U.S. Supreme Court's holding in Ward's Cove Packing v. Atonio

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.

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

stare decisis.

Agencies promulgate two types of rules

1. Legislative rules the most important agency rules, and they are much like statutes. With legislative rules, an agency is changing the law by requiring businesses or private citizens to act in a certain way. 2.Interpretive rules do not change the law. Instead, they are the agency's interpretation of what the law already requires.

Which of the following are three ways in which Congress influences administrative agencies? a. Ability to amend an agency's enabling legislation b. Ability to fire the head of an executive agency c. Approval power over presidential nominees to head agencies d. Controlling the purse e. Judicial review START AGAIN AFTER MONICA

Ability to amend an agency's enabling legislation Controlling the purse Approval power over presidential nominees to head agencies

What part of the U.S. government is so influential that it has been referred to as its fourth branch?

Administrative agencies they affect each of us every day in hundreds of ways. Their wide reach and influence makes them almost seem like a fourth branch of our government. NGOs are nonprofit, non-governmental organizations such as the United Way or Doctors without Borders.

Which of the following are three areas of law in which common law still predominates? a. family law b. criminal law c. tort law d. property law e. agency law f. constitutional law g. contract law

Agency law Tort law Contract law

Interpretive Rule:

An explanation or clarification of what the law already requires

Subpoena:

An order to appear at a particular time and place to provide evidence.

Which of the following are three reasons given by the Court in United States v. Biswell for permitting the agency's actions?

An urgent federal interest, Unannounced inspections are essential, Limited threats to the dealer's privacy

Why are courts unable to take on the responsibilities of administrative agencies?

Because the role of the courts is to decide individual cases, not regulate industries. Congress created the first administrative agency because, in its view, the railroad industry needed regulation. Congress did not have the expertise or personnel to establish and enforce regulations, and regulating industries was beyond the scope of courts' duties. Courts decide individual cases, they do not promulgate new regulations or oversee entire industries.

Which of the following are three limits on the information any agency may seek during its investigation? a. Privilege b. Age c. Relevance d. Location e. Ease of access f. Quantity g. Burden

Burden Relevance Privilege

In what way do "we the people" have control over statutes?

By electing the Politicians who pass statues We elect the legislators who pass state statutes and we vote for the senators and representatives who create federal statutes.

Which of the following are three tasks typically carried out by enabling legislation? a. Establishing an agency b. Defining an agency's powers c. Describing the problems that Congress believes need to be addressed by regulation d. Promulgating interpretive rules e. Informal rule making f. Promulgating legislative rules g. Drafting advisory opinions h. Submitting a bill to both houses for approval INSERT FILL IN BLANKS - LAST THREE QUESTIONS THREE THREE

Defining an agency's powers Establishing an agency Describing the problems that Congress believes need to be addressed by regulation

Agencies must always obtain a warrant before seizing evidence from a company. True or False.

False

Once an appellate court has made a ruling, every state court in the country must follow the precedent. True or False.

False

Only the Senate may propose a new statute, called a bill. True or False.

False

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. T or F.

False

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. T or F.

False

The largest source of new law comes from court decisions. T or F.

False

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. T or F.

False

______________is a process in which an agency holds a __________ hearing before it promulgates rules. Opponents of the rule may ___________ agency experts and may ____________ against the rule. When the agency makes a final decision about the rule, it must prepare a formal, __________ response to everything that occurred at the hearing.

Formal rulemaking public cross-examine testify written

Congress is organized into what two branches?

House of Representatives Senate

Which of the following are the three types of power that administrative agencies use to do the work assigned to them? a. Make rules b. Judicial review c. Veto legislation d. Adjudicate e. Investigate

Investigate Make rules Adjudicate

Tylice tumbles down a flight of stairs and breaks both wrists. Jordan stands at the top of the stairs watching and then walks away. Under the case of Carey v. Davis, Tylice is most likely to be successful in a suit against Jordan if START OF EXTRA QUESTIONS

Jordan is her employer.

Erica owns a waterfront home in South Carolina, and is interested to know what information South Carolina has about her property and her tax obligations. May Erica use the Freedom of Information Act (FOIA) to obtain this information?

No. FOIA may not be used to obtain information from state governments.

When legislators perceive that social changes have led to new criminal acts, they may

Propose a new bill. For example, the rise in Internet fraud has led to many new statutes outlawing such things as computer trespass and espionage, fraud in the use of cell phones, identity theft, and so on.

Courts often have to interpret statutes. Which of the following are the three steps in a court's statutory interpretation? a. Legislative History and Intent b. Public Policy c. Contemporary Morals d. Plain Meaning Rule e. Results and Implications f. Stare Decisis

Public Policy Legislative History and Intent Plain Meaning Rule

Administrative agencies were created to respond to the need for:

Regulation By the 1880s railroads were crisscrossing America but the railroad industry needed closer [regulation.] To address this need, Congress passed the Interstate Commerce Act, creating the Interstate Commerce Commission, the first administrative agency.

Subpoena duces tecum:

Requires a person to produce certain documents or things.

Legislative Rule:

Requires business or private citizens to act in a certain way - much like statues.

Which of the following are two major factors courts consider when deciding whether to follow a decision from an earlier case? a. Article II b. Subpoena duces tecum c. Similarity of facts d. Jurisdiction e. Advisory opinions f. Contemporary values

Similarity of facts Jurisdiction

What is the major distinction between executive and independent agencies?

The President has greater control over executive agencies.

Monica is walking down a busy sidewalk. To her dismay, a piano falls out of a nearby window and crushes a man standing five feet away from her. Which of the following are the two best reasons Monica could offer in support of her argument that she owes the man no duty?

The holding in Osterlind v. Hill, The holding in Union Pacific Railway Co. v. Cappier

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?

The losing party has a right to appeal.

Promulgate:

To make a new rule or law.

Administrative agencies exist at both the federal, state and local level. True or False

True

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. T or F.

True

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. T or F.

True

When an employee suffers a serious injury on the job, the employer has a duty to assist the employee. True or False.

True

The court's ruling in Soldano v. O'Daniels is

[a subtle change to a common law rule] The Soldano court carved out a small exception to the existing common law rule that bystanders are not obligated to aide those in need. Under Sodano an employee must allow someone to use the telephone in a publicly available part of the business if so requested. The employee does not have a duty to actively go to another's aid, but cannot refuse access to the telephone if it is needed to help someone. It is an example of a court making a subtle change to a common law rule.

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 subpoena duces tecum.

Administrative agencies provide expertise and flexibility, but their power and influence is controversial because

agency members are not elected by the people Administrative agencies can be extremely powerful, and their expertise can shape important and wide-reaching law. However, because the [agency members are not elected by the people,] agency power is insulated from voters, and this lack of accountability has become a source of friction and debate.

Which of the following are two of the most important goals of common law? a. spontaneity b. rigidity c. predictability d. flexibility e. severity f. tenacity

c. Predictability d. Flexibility

Agencies require broad factual knowledge of the field they govern. To force ___________ , agencies sometimes use searches and __________ during their ____________ .

disclosure subpoenas investigations

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

enabling legislation.

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

has a duty to exercise reasonable care to protect foreseeable victims of Rebecca's violence.

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

has no legal duty to rescue the man.

Once Congress passes a bill it

is sent to the president to sign or veto. If the president signs a bill, it becomes law and is a statute. If the president vetoes the statute, Congress has an opportunity to override the veto.

An advantage of the predictability of common law is

it makes the law knowable, and allows people to plan accordingly A desire for predictability created the doctrine of stare decisis. People must know what the law is, so they can plan accordingly. People need to know what the law permits and what the law forbids. This, in turn, nurtures a uniform set of expectations throughout the community or the nation.

Administrative agency rules consist of

legislative and interpretive rules.

Congress passes a statute making it illegal for amusement parks to capture young wild sea mammals for display. An administrative agency promulgates a rule forbidding amusement parks from separating sea mammals born at the park from their mothers for more than an hour until the baby is at least three years old. The agency rule is an example of

legislative rule changes a law or policy and creates new rights or duties, and has legal effect in subsequent agency and judicial proceedings. Here, the agency is not just clarifying the statute, the agency is expanding the scope of the law by protecting young sea mammals born in captivity, not just those in the wild. This legislative rule has the full effect of a statute, and may have a big impact on amusement parks that have sea mammals.

Stare decisis means

let the decision stand Stare decisis is the essence of the common law. The phrase indicates that once a court has decided a particular issue, it will generally apply the same rule in future cases.

Select three reasons given by the Court in United States v. Biswell for permitting the agency's actions: a. Limited threats to the dealer's privacy b. Unannounced inspections are essential c. The agency had no opportunity to obtain a warrant d. Dealer voluntarily opened the storeroom e. An urgent federal interest f. Guns were in plain view

limited threats to the dealer's privacy an urgent federal interest unannounced inspections are essential

If Congress disagrees with a judicial interpretation of a statute, the legislators may

pass a new statute to modify or "undo" the court decision For example, if the Supreme Court misinterprets a statute about musical copyrights, Congress may pass a new law correcting the Court's error. However, if the Supreme Court declares a statute to be unconstitutional, that decision can only be "undone" by amending the Constitution - an act that Congress cannot perform on its own.

A subpoena duces tecum is different from an ordinary subpoena in that a subpoena duces tecum

requires the person to bring specified documents to the court or administrative hearing.

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

sex (gender).

Most new law is

statutory Statutes affect each of us every day, in our business, professional, and personal lives.

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

statutory control.

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

the full House.

Congressional committees hold hearings to investigate ______________.

the need for new legislation and to consider the alternatives. When a bill is proposed in either house, it is referred to the committee that specializes in that subject.

In the Tarasoff decision, the court emphasized that

therapist need only to show a degree of skill, knowledge, and care generally exercised by members of their field The Tarasoff court emphasized that the duty of care arose only when there was a special relationship, like that of a doctor and patient. Furthermore, the court was explicit that it did not require "perfect performance" from doctors; instead, doctors must exercise a standard of skill, knowledge and care possessed by members of the field under similar circumstances.