BLAW 371 Test #2
No state shall...deprive any person of life, liberty, or property, without due process of law..." is a part of the:
14th
Which Amendment to the Constitution restricts Congress from imposing many controls on political and commercial speech by business?
1st
Protection from excessive fines comes from:
8th amendment
The primary structure of administrative law is determined by the:
Administrative Procedures Act
The First Amendment limits:
Congress from making certain laws restricting freedom of speech
In a hearing at an administrative agency, to determine if the law has been violated:
Constitutional rights must be protected
Gibbons v. Ogden
Expanded the right to regulate interstate commerce between states to regulating all activities that "substantially affect" interstate commerce
T/F: . In Chevron v. NRDC the Supreme Court held that court of appeals, when considering challenges to agency regulations, must review the matter "de novo" like any other case that has been appealed.
F
T/F: After a regulation is finalized in the Federal Register it is no longer subject to review.
F
T/F: In Citizens United the Supreme Court upheld the McCain-Feingold Act that placed strict limits on campaign spending soon before an election.
F
T/F: The Commerce Clause requires Congress and the states to share the power to regulate trade with foreign nations/domestic business.
F
T/F: The Commerce Clause, in practice, has a small effect on the operation of business in the United States.
F
T/F: The Fourth Amendment protects individuals against self-incrimination at trial.
F
T/F: The Necessary and Proper Clause concerns the specific steps Congress must take to pass needed laws under the Constitution
F
T/F: The Necessary and Proper Clause states that the Supreme Court is to ensure that statutes passed by Congress are "necessary and proper" under the Constitution.
F
T/F: The equal protection clause is part of the Bill of Rights
F
T/F: The equal protection clause is part of the Bill of Rights.
F
"...nor shall private property be taken for public use, without just compensation." is part of:
Fifth Amendment
"No person shall be...compelled in any criminal case to be a witness against himself." is the:
Fifth Amendment
Wickard v. Filburn
Filburn produced 239 more bushels of wheat than he was allowed. He was fined. HELD. Congress may regulate all production.
What does Article I, Section 8 give?
Gives congress power to lay and collect towers. To pay debts of the federal government Borrow money Establish immigration and Bankruptcy Laws Establish Post office
Congress created the first regulatory agency in 1887. It was called the:
Interstate Commerce Commission
T/F: An adjudicatory hearing is a formal process run by an agency similar in fashion to a court trial, but does not use juries.
T
T/F: In Chevron v. NRDC the Supreme Court held that court of appeals, when considering challenges to agency regulations, must give deference to the agency decision unless the regulations are arbitrary or contrary to a statute passed by Congress
T
T/F: In general, a court will overturn an agency's substantive determination only if it is arbitrary and capricious
T
T/F: The Bill of Rights was added to the Constitution after it had been adopted.
T
The primary source(s) of administrative law include(s):
The Administrative Procedures Act and court decisions reviewing agency decisions
Eminent Domain
The right of governments to condemn private property for public uses
Which of the following would be likely to be a violation of the equal protection clause:
a state admits only men to a college and does not allow women to enroll
Restrictions on advertising for professional services are:
a violation of First Amendment rights
A restriction on advertising for a doctor's services is an example of:
a violation of a First Amendment right
A restriction on advertising for a lawyer's services is an example of:
a violation of a First Amendment right
The Fourteenth Amendment concerns the:
ability of the government to restrict the freedoms of life, liberty, or property
A(n) ____ is a formal agency process under APA rules, which are similar to those followed in a trial
adjudicatory hearing
A(n) ____ is a formal agency process under APA rules, which are similar to those followed in a trial.
adjudicatory hearing
Among the formal procedures used by most regulatory agencies are quasi-judicial powers, especially:
adjudicatory hearing
The administrative agency equivalent to a court trial is:
adjudicatory hearing
The primary tool for local, state, and federal governments use to perform regulatory functions is the
administrative agency
The branch of law that consists of legal rules that define the authority and structure of hundreds of administrative agencies is known as:
administrative law
In an adjudicatory hearing a(n) ____ presides over the hearing.
administrative law judge
When an administrative agency engages in rulemaking, it must first publish the proposed legislative rule, then it must
allow written commentaries by interested parties
The administrative agency equivalent to a court trial is:
an adjudicatory hearing
Taken together, the Necessary and Proper Clause and the Commerce Clause, provides justification for:
broad congressional regulation of business
An adjudicatory hearing at a regulatory agency will be presided over by an Administrative Law Judge or ALJ. An ALJ is a:
civil service employee of the agency
Traditionally there have been more restrictions on:
commercial speech than on political speech
Congress passes a law preventing lenders from charging more than 12% interest. Loan Co. only lends money to people in Florida. Loan challenges the application of the law to his business, because he conducts it all within one state. The law is probably:
constitutional under the Commerce Clause
Fifth Amendment protection does not apply to:
corporations
During a hearing at an administrative agency to determine if the law has been violated the agency is represented by it
counsel
In a hearing at an administrative agency to determine if the law has been violated, the agency's ____ presents the agency's evidence in support of the complain
counsel
In McCulloch v. Maryland, the Supreme Court held:
creation of a national bank was constitutional under the Necessary and Proper Clause
A legislative delegation:
delegates to an agency the power to perform its regulatory purpose
When an agency proposes a legislative (substantive) rule it must publish it for public inspection in the:
federal register
The commerce clause of the U.S. Constitution:
gives congress power to regulate business
In Northwestern States Portland Cement v. Minnesota, the Supreme Court ruled on whether a state could "impose taxes upon persons passing through the state." Such taxes were held:
impermissible because they violated the Commerce Clause
The Fourteenth Amendment:
incorporates protections from the Bill of Rights and applies them to state governments
As agency regulatory activities have expanded, agencies have relied more heavily on:
informal agency procedures
Unlike with cases heard in a federal courtroom, the administrative law judge presiding over a hearing at an administrative agency
is not an independent judge
Commercial speech, such as an advertisement, may be regulated if it:
it is not truthful
The necessary and proper clause allows Congress to:
make all laws necessary and proper to carry out its constitutional powers
Enabling statutes are also sometimes called:
organic statutes
The First Amendment provides protection for which of the following kinds of speech?
political speech by private citizens political speech by corporations commercial speech by businesses commercial speech by private citizens
Before being controversially struck down by the Supreme Court in the Citizens United case, the McCain-Feingold Act:
prohibited for-profit and non-profit corporations and unions from broadcasting "electioneering communication"
The Fourteenth Amendment protects due process rights and:
provides for equal protection
The first modern federal regulatory agency was created in 1887 to regulate:
railroads
Sometimes the Supreme Court uses the necessary and proper clause to:
respond to new technological developments without requiring amendments to the Constitution
The First Amendment to the Constitution:
restricts Congress from imposing many controls on political and commercial speech by business
In Citizens United, the Supreme Court struck down portions of the McCain-Feingold Act, which limited "electioneering communication" by corporations and unions because:
since there is no distinction between media and other corporations, such restrictions would allow Congress to suppress political speech in all media outlets
Despite the broad scope of the First Amendment right of freedom of speech, newspapers are not free to print:
statements it knows are false that defame someone
The commerce clause does not allow:
states to impose discriminatory state taxes on foreign commerce
Administrative laws with the same force of law as statutes enacted by Congress are:
substantive rules
Which classification of administrative laws results in a rule being a federal law:
substantive rules
Informal agency procedures may include:
tests and inspections
Because of the First Amendment to the U.S. Constitution:
the City of New York could regulate the volume of music played at an outdoor concert, but not the content
An administrative agency's final budget must be agreed on by:
the House of Representatives, the Senate and the President
The courts generally will not find that an agency's decisions are arbitrary, capricious, or an abuse of discretion if:
the agency has sufficiently explained the facts and its policy concerns and the agency has established a factual basis that is in the agency's record
Supremacy Clause
the constitution and federal laws take priority over any conflicting rules of state law
The primary source(s) of administrative law include(s):
the enabling statutes of the administrative agencies and court decisions reviewing agency decisions and the Administrative Procedures Act
The Fifth Amendment includes:
the just compensation clause
There is no right to trial by jury in a hearing at an administrative agency to determine if the law has been violated because:
there is no criminal or common-law cause
To help stimulate jobs in its wine industry, New York does not tax New York wines but taxes other wines $1 per bottle. This tax is:
unconstitutional because it violates the Commerce Clause
Which of the following is a key issue in Fourth Amendment cases:
whether a person has a constitutionally protected reasonable expectation of privacy
Which of the following types of speech are not protected by the First Amendment?
yelling "Fire" at a crowded basketball game
Which of the following is an example of an FTC trade regulation rule?
(A) The Mail Order Rule (B) The R-value Rule (C) The Used-Car Rule
The Food, Drug and Cosmetic Act of 1938 expanded the powers of the FDA to include:
(A) the ability to set safe levels of additives in foods (B) new enforcement powers (C) prohibiting false advertising of drugs (D) inspection of drug producers
Which of the following is true about class I medical devices:
(A) the makers are registered with the FDA (B) the goods must be properly manufactured (C) the goods must be properly labeled (D) the goods are not subject to extensive controls
Which of the following documents are exempt from being released upon request to the public under the Freedom of Information Act:
(A) trade secrets (B) documents related to national security (C) documents that would invade personal privacy if released
When the Consumer Credit Protection Act was passed in 1968 there was about ____ worth of consumer credit outstanding.
100 billion
The Consumer Credit Protection Act was passed in:
1968
When the Consumer Credit Protection Act was passed in 1968 there was about $100 billion worth of consumer credit outstanding; not the figure is about:
2.5 trillion
____ medical devices are things presenting minimal potential for harm to the user and are usually of simple design, such as bandages and gloves.
Class I
When a FTC trade regulation rule is finalized it becomes part of the:
Code of Federal Regulations
The most important part of the Constitution with respect to businesses is:
Commerce Clause
McCulloch v. Maryland
Congress can establish a national bank under the necessary and proper clause which expands not restricts congress's powers.
The Food Additives Amendment to the Food, Drug and Cosmetic Act is known as:
Delaney Clause
T/F: The Freedom of Information Act requires federal agencies to make public all information gathered in investigations
F
T/F: The Kefauver Amendment of 1962 requires the FDA to approve drugs based on their proven safety
F
Under the ____, credit reporting services must allow consumers to see their credit reports annually for free.
Fair and Accurate Credit Transactions Act
The ____ makes most documents held by federal agencies available to the public.
Freedom of Information Act
U-Haul sued a competitor, Jartran, for making false claims about the two companies in its ads. The lawsuit, which was successful, was brought under the:
Lanham Act
The part of the Constitution that gives Congress the authority to make laws to carry out powers granted to Congress in the Constitution is the
Necessary and Proper Clause
In a case involving judicial review of an administrative agency's decision, the court's ____ determines how far it can go in examining the action
Scope of review
T/F: Most appeals of regulatory agency rulemaking go to the U.S. Court of Appeals.
T
T/F: The Consumer Credit Protection Act was the first major federal legislation on consumer credit.
T
T/F: The Fair Credit Reporting Act focuses on confidentiality and accuracy in compiling and distributing consumer credit reports.
T
T/F: The Government in the Sunshine Act holds that if an agency decision is made at a meeting held in violation of the Sunshine Act, the decision is valid.
T
T/F: The courts have ruled that it is not a violation of the Fourth Amendment for government agents to monitor online chat rooms since there is no expectation of privacy in them.
T
T/F: The first ten amendments to the Constitution are the Bill of Rights.
T
T/F: Trade regulation rules tend to be issued in areas where the FTC thinks there are particular problems with deception.
T
T/F: states have laws similar to the FTC's powers to attack deceptive business practices.
T
T/F: the Delaney Clause (the Food Additives Amendment) allows the FDA to regulate food additives.
T
The first law under the Consumer Credit Protection Act was:
Truth-in-Lending Act (TILA)
Which of the following agencies has primary responsibility for sanitation of meat, poultry, and eggs:
U.S. Department of Agriculture
The R-value Rule is:
a FTC trade regulation rule regarding insulation
Refer to Fact Pattern 19-1. If Drugs-R-Us agrees to settle a complaint that the company engaged in deceptive advertising, what is the agreement called?
a consent decree
The Fair Debt Collection Practices Act restricts:
abusive techniques used by debt collection agencies
A(n) ____ is an authority of the government, other than a legislature or a court, created to administer a particular law.
administrative agency
Under the Fair Credit Reporting Act, a consumer reporting agency (credit bureau) must:
allow consumers to see information about them that results in their being denied credit
Under the Fair and Accurate Credit Transaction Act, credit reporting services must:
allow consumers to see their credit reports annually for free
Which of the following is a provision of the Government in the Sunshine Act?
an agency action taken at a meeting in violation of the Act is invalid
Adjudicatory hearings are initiated by:
an agency filing a complaint
An administrative agency is usually:
an authority of government that administers a particular law
The 1962 Kefauver Amendment to the Food and Drug Act gave the FDA authority for the first time to:
approve drugs based on their proven effectiveness
A federal agency collects documents in its law enforcement activities. Except for trade secrets, these documents are
available to the public under the Freedom of Information Act, unless they concerns information about individuals protected by the Privacy Act
Prior to the Food and Drug Administration's creation in 1927, the ____ administered the Food and Drug Act.
bureau of Chemistry of the Department of Agriculture
Which of these does not violate the Fair Debt Collection Practices Act? The debt collector:
calls every day to remind the debtor of the debt it owes to the collector
The most heavily controlled medical devices are:
class III
The Food, Drug and Cosmetic Act of 1938 expanded the FDA's powers to include the power to allow it to do which of the following:
classify unsafe foods & set the safe levels of additives in foods
Fair credit reporting refers to the requirement that creditors:
credit reporting agencies must provide accurate information in consumer reports
The Fair Debt Collection Practices Act applies to:
debt collection agencies
Which of the following is NOT an example of deceptive advertising targeted by the FTC:
describing pastries made in America as Danish pastries
Equal protection:
does not extend to all government activities
Credit discrimination on the basis of race, sex, color, religion, national origin, marital status, receipt of public benefits, the good-faith exercise of the applicant's rights under any part of the CCPA, or age is prohibited by:
equal credit opportunity act
The part of the Dodd-Frank Act, a major financial reform bill passed in 2010, that has the largest impact on consumer credit markets is its:
establishment of the Consumer Financial Protection Bureau
A "trade regulation rule" issued by the FTC that applies to a specific business practice sets a standard:
for certain practices that are thought to be especially susceptible to deceptive acts
Which of the following is an example of a class I medical device:
gloves, bandages
Which of the following is an example of a class III medical device:
heart valves, bone implants, pacemakers
The primary concern of the Fair and Accurate Credit Transaction Act is to:
help deal with identity theft
Congress gives an agency power and authority through a(n):
legislative delegation
The purpose of the Government in the Sunshine Act is to:
limit secret meetings by administrative agencies
One of the best-known trade regulation rules is the:
mail-order rule
A ____ is an instrument, machine, implant, or other article used in the diagnosis or treatment of a disease in humans or animals
medical device
Before a FTC trade regulation rule can be finalized it:
must be published in the Federal Register
Truth in lending refers to the requirement that creditors:
must disclose all relevant terms in credit transactions
Under the Equal Credit Opportunity Act, lenders can:
not discriminate on religion even if people of that religion frequently default on their loans
False advertising cases brought by private parties under the Lanham Act:
often yield far more expensive results than most FTC advertising cases
The Food, Drug and Cosmetic Act of 1938 expanded the FDA's powers to include the power to allow it to do which of the following
prohibit false advertising of drugs
The Fourth Amendment of the Constitution:
protects individuals/businesses from unreasonable search and seizure
The Federal Reserve Board has written a regulation to implement the Equal Credit Opportunity Act, it is:
regulation B
The Food, Drug and Cosmetic Act of 1938 did not expand the powers of the FDA to include:
require nutrition labels on food
Under the Government in the Sunshine Act, an agency is not required to have an open meeting when the meeting concerns
secrets related to national defense (B) disclosures of trade secrets (C) disclosures of protected financial information
The Fifth Amendment protects individuals against:
self-incrimination
Which of the following is NOT a prohibited basis under the Equal Credit Opportunity Act:
sexual orientation
Under the FTC's Mail-Order Rule:
shipping dates must be stated on offers
Which of the following is an example of a class II medical device:
surgical materials, wheelchairs, x-ray machines
T/F: medical devices approved by the FDA before being sold and then monitored for problems.
t
Congress enacted a major financial reform bill in 2010, popularly known as:
the Dodd-Frank Act
Credit bureaus are regulated by:
the Fair Credit Reporting Act
Private parties may initiate civil actions for false advertising claims under:
the Lanham Act
Most deceptive advertising cases are settled by:
the advertiser agreeing to stop making false claims
Which of the following conditions will lead to the courts not finding an agency's actions to be arbitrary, capricious, or an abuse of discretion:
the agency has sufficiently explained the facts and its policy concerns the agency has established a factual basis that is in the agency's record public opinion strongly supports the agency's decision
The courts generally will not find that an agency's decisions are arbitrary, capricious, or an abuse of discretion if the following conditions are met except
the agency's action was approved by its Congressional oversight committee
Federal regulation of the relationship between consumers and creditors is based on an umbrella law that contains many credit laws:
the consumer credit protection act
When private cases claiming misleading advertising are brought under the Lanham Act:
the courts generally consider the meaning of "deceptive" the same as does the FTC
The Food and Drug Administration does not have which of the following powers:
to prosecute physicians who violate the learned intermediary rule
In reviewing informal agency procedures, the courts are generally most concerned about:
whether the particular agency procedure was fair and whether the decision was consistent with the legislative intent of Congress
The commerce clause of the Constitution gives Congress the power to regulate trade:
with foreign nations and among the states
Regulation of commercial speech must be:
"narrowly tailored to achieve the desired objective"
If Congress is not satisfied with the way an administrative agency is performing it:
(A) can change how the agency operates
