BL Chapter 4- Common Law, Statutory Law, and Administrative Law

Which statement is correct concerning judicial review of an administrative agency's action? A. Courts usually accept the facts of the case as determined by the agency and often defer to the agency's interpretation of the law B. Courts conduct a de novo review of the case C. Courts ignore the facts of the case D. Courts substitute their opinion for that of the agency.

A. Courts usually accept the facts of the case as determined by the agency and often defer to the agency's interpretation of the law.

The Administrative Procedure Act: A. applies to all federal agencies B. applies to executive branch agencies but not to independent agencies C. applies to independent agencies but not to executive branch agencies D. does not apply to federal agencies

A. applies to all federal agencies

The U.S. Supreme Court's holding in Ward's Cove Packing v. Atonio: A. 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. B. upheld the ruling in Griggs v. Dukes Power Co. C. found that overt racial discrimination existed D. set forth a "business necessity" requirement for employment hiring practices

A. 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

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: A. sex (gender) B. sexual orientation C. national origin D. race

A. sec (gender)

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: A. has, because of the bystander rule, no duty to warn the foreseeable victims about Rebecca's expressed intention to harm them B. has a duty to exercise reasonable care to protect foreseeable victims of Rebecca's violence. C. is in a special relationship with patients, and this relationship creates a privilege of confidentiality between the communicants. D. will be held to a strict duty of care and will be held liable for any victim's injuries if Holtz failed to warn them of Rebecca's potential violence toward them

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

TECO Coal Corporation is interested in the inspections that the U.S. Bureau of Mines has conducted over the past year. To secure this information, TECO should: A. issue a subpoena duces tecum B. make a Freedom of Information Act request C. make a de novo request D. assert the substantial evidence rule

B. make a Freedom of Information Act request

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: A. a Senate committee specializing in the subject matter of the proposed legislation B. the full House C. a Conference Committee made up of representatives of both the House and Senate D. the voters of her state for approval

B. the full House

The Consumer Product Safety Commission (CPSC) is an independent federal administrative agency. Which statement is correct about the chairperson? A. The chairperson serves at the whim of the President and can be fired at any time B. The chairperson can only be fired by the President for good cause C. The chairperson cannot be fired by the President since the CPSC is an independent agency D. The chairperson has a lifetime appointment and cannot be fired.

C. The chairperson cannot be fired by the President since the CPSC is an independent agency

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? A. a jury decides the matter. B. The Federal Rules of Criminal Procedure govern the admissibility of evidence C. The losing party has a right to appeal D. The parties are not represented by attorneys.

C. The losing party has a right to appeal

Statutory law is to legislative bodies as common law is to: A. England B. precedent C. courts D. administrative regulations

C. courts

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: A. has a legal duty to rescue the man B. has a legal duty to rescue the man, but only if her efforts will not pose a serious threat to her own safety C. has a legal duty to rescue the man since, as a strong swimmer, she is treated as a "special class" of persons who must get involved in such situations. D. has no legal duty to rescue the man

D. has no legal duty to rescue the man

TECO Coal Corporation mines and ships more than sic million tons of coal annually. TECO is comprehensively regulated by the U.S. Bureau of Mines. The U.S. Bureau of Mines may conduct a surprise inspection of one of TECO's mines: A. only if it has a search warrant B. only if it has a subpoena C. only if it has reason to believe a violation of a regulation has occurred D. without a search warrant to ensure safety

D. without a search warrant to ensure safety

Because of the concept of stare decisis, the U.S. Supreme Court, in interpreting a statute in 2009, will necessarily interpret certain statutory language in the same way as the U.S. Supreme Court interpreted the same statutory language in 1971.

False

Common law, like statutory law, is prospective.

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.

False

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.

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.

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.

True

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

True