Chapter 2

There are two aspects of stare decisis. What are these two aspects?

A court should not overturn its own precedents unless there is a compelling reason to do so, and decisions made by a higher court are binding on lower courts.

What is the exhaustion doctrine

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.

Which of the following statements correctly reflects the role of a federal administrative law judge (ALJ)?

An ALJ presides over an administrative hearing and issues an order that, when final, may be reviewed by a court.

The legislation that requires an administrative agency to respond to requests from citizens for agency records is called

Freedom of Information Act (FOIA)

Under the common law, which of the following is true?

In a case of first impression, a judge may use persuasive authorities rather than precedents.

Which of the following is an example of federal agency regulations that impact business operations?

Internal Revenue Service rules for business tax audits

What are the benefits of the exhaustion doctrine?

It requires resolution of disputes within the agency without involving the court system, except when necessary.

The idea that each person has intrinsic biases that impact their decisions is a component of which school of thought?

Legal Realist School

What are the types of rules that administrative agencies issue?

Legislative rules and interpretive rules

The belief that as humans we are all entitled to certain fundamental rights is a component of which school of thought?

Natural Law

In the United States, who creates state statutory law?

State legislatures

The Administrative Procedure Act (APA) is the federal law that does which of the following?

The APA sets out the rule-making process for administrative agencies.

What is rulemaking?

The major function of an administrative agency is rulemaking, which is the formulation of new regulations, or rules, that do not have a binding effect.

Substantive law governs a person's:

rights and responsibilities

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:

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

statutory law

Macy lives in Los Angeles and is upset when a law is passed in California requiring everyone who owns a car to pay property taxes on the car. Macy must now pay $5,000 in property taxes on her new car this year. The law that applies to Macy is an example of:

substantive law.

What is the term for a court's determination that an administrative agency decision is the result of plain error or mistake?

Abuse of discretion

In which function of the administrative process is the administrative law judge most involved?

Adjunction

What information can people request under the Freedom of Information Act?

Agency budget information

What is the role of an administrative law judge (ALJ)?

An ALJ is an employee of the agency bringing the charges

What is the term given to an administrative decision that is unreasonable or implausible in light of all the facts and evidence presented?

Arbitrary and capricious

Megan Kanka was raped and murdered in 1994, when she was only 7 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:

Congress

What does the delegation doctrine mean?

Courts interpret the delegation doctrine as the Constitution granting Congress the power to establish administrative agencies and delegating to them the power to create rules for implementing laws.

Ben breaks into Melissa's house one day when she is at work and steals her jewelry. Melissa calls the police when she returns home and finds her front door open and her jewelry missing. The police investigate and arrest Ben for burglary. Ben goes to trial, and Melissa testifies at the trial. This case against Ben is an example of:

Criminal law

Which of the following are sources of administrative law

Executive orders and agency regulations

Sarah is being investigated by the police for a crime she allegedly committed. The police believe Sarah stole two diamond rings from her cousin. The police would like to search Sarah's house to see if the rings are hidden in her home. The police ask a judge to issue a search warrant to allow them to search Sarah's home. Requesting this search warrant and then searching Sarah's home pursuant to the search warrant is an example of:

Procedural law

What are the powers of an agency?

Rulemaking, enforcement, and adjudication

American law has numerous sources. What are the sources of primary law in the United States?

The U.S. Constitution and state constitutions, statutory law, administrative agency regulations, and case law and the common law.

What is meant by the administrative process?

The administrative process refers to the creation of an administrative agency through the enabling statute.

Agency rules are similar to statutes because of which one of the following?

They are legal requirements and binding as if Congress has passed them

Skyy is a law professor who follows the natural law school. Skyy believes

a higher, or universal, law exists that applies to all human beings.

How a hearing or court case is conducted is governed by:

procedural law

What do legal professionals use to analyze court decisions that are relevant to their clients' cases?

case briefing

Paige and Jack are involved in a car accident when Paige, while speeding, hits Jack's car. Jack has $10,000 in property damage to his car, along with medical expenses of $5,000. Jack is very angry, and would like to see Paige go to jail. Jack sues Paige and asks the judge to award him $10,000 for the property damage to his car, $5,000 to reimburse him for his medical expenses, and $50,000 for pain and suffering. Jack's lawsuit against Paige is an example of:

civil law

The principle of stare decisis does which of the following?

creates predictability in the legal system

State statutory law is created by:

elected members of the state legislature

Case law refers to

judge-made law

Julia is a law student. Julia believes legal realism is the best approach when deciding cases and understanding our legal system. Julia believes:

law is just one of many institutions in society, and it is shaped by social forces and needs.

Judge Jasper and his friend, Judge Judy, were debating the philosophical theories of jurisprudence. Judge Jasper believes that law is just one of the many institutions in society and that it is shaped by social forces and needs. Judge Jasper believes in the theory of jurisprudence called:

legal realism

If a trial court judge is deciding an issue that has never come before the court, they:

may create new precedent

Lexi and Donovan form a contract that requires Donovan to provide Lexi's company with ten computers per month and requires Lexi to pay Donovan $10,000 a month for the computers. After three months, Donovan stops providing Lexi with the computers. Lexi's company needs these computers, so Lexi files a lawsuit against Donovan in court. In the lawsuit, Lexi is the:

plaintiff

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:

the law that defines the crime is a substantive law, and the law that provides for the right to appeal is a procedural law.

Ariana is an attorney who follows the historical school of legal thought. Ariana believes:

the origin of the legal system is most important.

Nic is a judge who adheres to the idea of legal positivism. Nic believes:

there can be no higher law than a nation's law.