Legal Environment of Business Exam 4 review

true

A common law doctrine that was previously not expressed in a code, but has now been arranged into an ordered, written code or statute is referred to as being "codified".

Enforcement

A fish and wildlife agency patrol employee stopping fishing boats and counting fish caught is fulfilling the __________ function of the fish and wildlife agency

enabling statute

A law passed when congress establishes an administrative agency, which is the source of the agency's authority and describes the agency's scope and jurisdiction over certain matters is called an

Regulation

A rule created by an agency that is final and is published in the Code of Federal Regulation and has the force of a law is called an

Ray's right to habitability has been violated.

According to the landlord-tenant agreement, Ray's monthly rent includes his electricity and water bills. Daniel, the landlord, has failed to pay the bills for almost four months as a result of which the supply of water and electricity has been stopped in Ray's apartment. Ray has reminded his landlord to pay the bills several times. In this case, which of the following is true?

False

Administrative agencies are not empowered to hear cases of alleged violations of their regulations and must depend on the courts forAdjudication.

True

Administrative agencies monitor compliance with regulatory requirements through inspection of facilities and grounds of business sites under their jurisdiction.

Arbitrary and capricious standard

After the Deepwater Horizon oil spill, the department of the interior shut down all deep-water oil drilling. This decision was later overturned because the agency's action violated this standard:

Congressional delegations

All of the following are sources of Administrative Law except

fee simple absolute

Andrew Keaton owns a piece of land covering 24 acres. He has unrestricted rights over the land, except for those restrictions imposed by law. His rights are valid for an unlimited period of time and the land can be inherited by his son or daughter. In other words, Andrew's rights over his land are best characterized as _____.

true

Any business that accepts hazardous substances for transport to a contaminated site and selected the site is a Principle Responsible Party

False

Appeals of an administrative law judge's rulings are heard by the appropriate state or federal appellate court.

true

Citizen suit provision are laws that authorize the private individuals or watchdog groups to file law enforcement lawsuits

True

Common law that regulated administrative law has been codified in the Administrative Procedures Act

executive veto

Congress can control agency action using any or all of the following means except____

impeachment by the House of Representatives and removal by the Senate.

Congress has the power to remove an administrative agency head via:

true

Courts are highly differential to agency decisions involving how and when an agency enforces a regulation.

EPA

Federal environmental laws are primarily administered, implemented, and enforced by the.....

It requires agencies to allow public inspection of records obtained by the agency.

How does the Freedom of Information Act (FOIA) make administrative agencies more accountable to the public?

true

If a business or individual discharges a substance into a water source as part of their facilities' operation, they are required to have a permit even if they are not causing pollution

arbitrary and capricious standard

If a statute is silent or ambiguous on an agency's authority, the court applies the _____ to determine whether the agency's actions were lawful.

False

In the context of the scope of administrative agency power set out in the Administrative Procedures Act (APA), informal rulemaking is used by an agency only when Congress has specifically indicated in the enabling statute that the agency rules must be made "on the record after a hearing."

False

Independent agencies designated by the Congress exist by virtue of the authority of the president.

Administrative law

Is a body of law and regulation that governs the organization and operation of administrative agencies

Administrative agency

Is a government body with the authority to implement and administer particular legislation

OPA

Is a statute enacted in 1990 to streamline and strengthen the Environmental Protection agency's ability to prevent and respond to catastrophic oil spills in water sources

SSA

Is an Agency whose function includes distributing a benefit to the public

Administrative law Judge

Is an attorney employed by an agency to adjudicate disputes

ESA

Is an environmental law passed in 1973 that lays out a procedure for identification and preservation from extinction of imperiled species

liable as a bailee unless it can show that the valet acted with reasonable care.

Josh drives in to a restaurant and hands his car keys to the valet at the entrance. While leaving the restaurant after dinner, Josh learns that the valet accidentally left the car unlocked and the car has been stolen. In the context of bailment relationships, the restaurant is most likely:

true

Mike believes that his neighbor Stephanie has been dumping sewage on her property. The Environmental Protection Agency is holding a meeting to discuss its investigation into the matter. Under the Sunshine Act, because the meeting concerns investigation matters, it will not be open to the general public.

Federal Register

Once public debate and comment is concluded, an agency will publish the final rule and its effective date in the:

false

Records of agency personnel matters are open to the public under the freedom of Information act

no because they were secured creditors

Referring to the Colorful Paint question, assume no cleanup had yet been completed and the bank foreclosed on the factory becoming the owner of the factory, would the bank be liable for cleaning costs of the contaminated land?

True

States often have their own version of federal administrative agencies

Yes, because they own the property

The Colorful Paint Company got a mortgage from the bank to purchase a factory to make paint. As part of their manufacturing process Colorful Paint dumped excess pain into a pit behind the building. This practice contaminated the property. Is colorful Paint liable for cleanup costs of the contaminated land?

false

The Environmental Protection Agency does not work with other agencies to cary out its duties

Public comment

The FDA is proposing new rules to expand the definition of over the counter pain medication. They expect to hear various drug manufacturers in favor of the proposed rule and from several medical association dedicated to public health against the proposed rule. This is an example of what part of the rule making process?

true

The current owner of contaminated property may be a Principally Responsible party for clean-up even if they did not cause the contamination.

rulemaking

The legislative function charged to administrative agencies whereby they create legally enforceable rules in order to fill in the details of a statute is called__________

Opens certain agency records to the public

The Freedom of Information Act:

False

The Securities and Exchange Commission is responsible for distributing retirement and medical benefits to eligible citizens.

Meetings covering adjudicatory matters are not open to the public

The Sunshine act requires agencies to announce adjudicatory meetings at least ______ in advance

TSCA

The _________ is a federal statute that gives the Environmental Protection Agency jurisdiction to control risks that may be posed by the manufacturing, processing, use and disposal of chemical compounds

the power of eminent domain

The authority of the state and federal government to take private property is called _____.

each state may choose to adopt the federal standards or California's standars

The clean air acts tailpipe emissions standards are set in the following manner:

Head of the Agnecy

The losing party in an administrative proceeding has an automatic appeal to

CERCLA

The_______________ is commonly referred to as the superfund because its main provision center on the notion that cleanup operations for abandoned toxic waste sites were to be banned

False

There is no federal requirement for business to disclose the presence of certain chemicals to..........

False

Variance refers to a change made to a property lease agreement prior to the expiration of the lease.

Enabling statute

Which of the following is important because it is the source of an administrative agency's authority and establishes the agency's scope and jurisdiction over certain matters?

Clean Land Act

Which of the following is not a major federal environmental law?

Individual parties may challenge the rule in court under certain circumstances.

Which of the following is the last step in the Administrative Procedure Act's (APA's) rulemaking process?

In a sublease, a tenant transfers her interests to a subleasee for a term that is less than the remaining term of the original lease.

Which of the following is true of a property sublease?

Superfund was passed to confront the problem of abandoned contaminated property.

Which statement below best describes on of the reasons congress passed the superfund?

an administrative law judge

Who resolves an administrative dispute?

market based approach allowing purchase of clean air credits from competitors

Widget Industries' factory is 50 years old and is still using out of date equipment that is known to pollute the environment. Widget industries can temporarily continue to use the factory, even though it is polluting the environment because of which of the following components of the Clean air act

SDWA

_____ is a federal statute that sets minimum quality and standards for every public water system and every source of drinking water in the United States