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