BUS Law Exam 2

A party injured by an administrative rule always has the right to seek review of the rule in federal court

False

A state may charge higher fees for disposal of hazardous wastes if the wastes are generated outside the state than for hazardous wastes that are generated in-state

False

Agency regulations issued under proper rulemaking procedures require subsequent approval by the President

False

Which Amendment to the Constitution restricts Congress from imposing many controls on political and commercial speech by business?

First

A minor may ratify a contract, upon reaching the age of majority, that she had the right to dissafirm if she so desired

True

A void contract is never a valid contract

True

Acceptance of an offer must be unconditional, unequivocal, and legally communicated to be effective

True

Before an appeal of the decision of an administrative agency may be made to federal court, all appeal processes within the agency must be exhausted first

True

Contract law is primarily state common law

True

Due process rights are concerned with the fairness of law enforcement procedures as well as with the content of legislation

True

Evidence that shows a person's conduct is the cause of an event may establish the cause in fact of a tort

True

In general, the Supreme Court holds it constitutional for Congress to regulate most every aspect of business

True

Substantive (legislative) rules issued by agencies are

administrative statutes with the same force and effect of law and statutes passed by Congress

Congress grants to an agency the power to perform regulatory functions. A statute delegating power to an agency is called

an enabling statute

Intentional conduct that places a person in fear of immediate bodily harm or offensive contact is the tort of:

assault

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

You see someone stealing the highly prized hubcaps off your car. You have the right to protect your property by using:

force reasonable under the circumstances, which would not include shooting the thief

The commerce clause of the U.S. Constitution:

gives Congress power to regulate business

Twenty years after you leave college you are rich and famous. Your college calls on you for a $5 million gift to renovate a classroom building and to name the building in your honor......You decide to spend it on a new jet and tell the college to get stuffed. You:

have to pay the money under the rule of promissory esoppel

During a formal rulemaking process, agency may:

hold an investigatory hearing that may include witnesses who testify about the rule

If Congress imposes regulation on business, the states

none of the above

Which of the following is usually not a requirement for a contract to be valid?

offer and acceptance , purpose of contract must be legal, contractual capacity (all of the above possibly)

The Fifth Amendment

protects corporate executives from testifying against themselves, protects corporations from self-incrimination, and protects individuals from self-incrimination

When an agency issues a substantive rule, it is generally required by the APA to

provide public notice and the opportunity for interested parties to comment

Procedural rules issued by administrative agencies are

rules that describe an agency's organization, method of operation, and internal practices

Which of the following is not an element necessary to establish an intentional tort:

the defendant did not act out of spite or malice

Suppose the Texas legislature ruled that all motorcycle drivers and passengers under the age of 21 had to wear helmets. This could be attacked by a motorcycle driver who did not want to wear a helmet as a violation of

the due process clause because it is a restriction on personal freedom, the due process clause because it does not advance a state interest, and the equal protection clause because it applies to people under 21

Taxes raise revenues for the government. Taxes may not be:

used to punish certain business behavior, used to keep certain goods, such as firearms and liquor under federal supervision, imposed on illegal goods like cocaine to help trap dealers, used by states to discriminate against out-of-state businesses (all of the above are generally constitutional)

For a contract to be valid, its subject matter must be lawful. A contract is illegal and unenforceable if its subject matter:

violates the common law, is contrary to public policy, violates state or federal statutory law

A state statute prohibited corporations from making contributions designed to influence voting on questions on the state ballot. Based on what you have read, you presume the Supreme Court held that this statute

was an unconstitutional infringement of the 4th amendment

Intentional torts are based on

willful misconduct

The commerce clause of the Constitution gives Congress the power to regulate trade

with foreign nations and among the states

To be enforceable, which of the following contracts require a written document under the statute of frauds?

your promise to pay the debts your sister owes to someone, your offer to buy a warehouse

Defenses to a negligent act include:

Assumption of the risk and comparative negligence

Businesses do not have to provide confidential information to a government agency in administrative law matters

False

Decisions of Administrative Law Judges are the final resolution of administrative complaint matters

False

If a party fails to perform a nonbinding promise the law will provide a remedy

False

If a state bans the sale of milk that is not produced by cows in the state, the ban will probably be upheld as constitutional because it helps ensure the freshness of milk

False

If there is a product about which consumers are ignorant, such as prescription drugs, the states may prohibit the advertising of such products and their prices

False

The Fourth Amendment protects individuals against self-incrimination at trial

False

The Statute of Frauds states that all contracts that involve more than $1,000 must be in writing.

False

The only defense in case of negligence is that of assumption of risk

False

The primary purpose of tort law is to inflict punishment on the wrongdoer

False

When an assault occurs, a battery also occurs

False

A offers B $100,000 for his farm, and they sign an agreement for the sale. Before the money is paid, A finds out that the market value of the farm is only $55,000. A:

Must pay $100,000; the contract is valid

Bart was supposed to deliver 100,000 firecrackers to Lisa by June 1, but his factory exploded in April so he suspends operations. The contract:

None of the above

The tort that protects individuals from harm based on careless and unintentional conduct is called

None of the above

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:

None of the above

When an agency proposes a legislative (substantive) rule it must publish it for public inspection in the

None of the above

A tort is

None of the above (not: a criminal act, felony, or breach of contract)

There are limits on Congressional power to regulate commerce. Congress may not:

None of the above are correct

The first ten amendments of the U.S. Constitution are called

The Bill of Rights

Intentional torts concern willful interference of a protected personal or property right

True

Slander involves spoken defamatory communication

True

The Administrative Procedures Act requires that notice of proposed agency rules appear in the Federal Register so there is a chance for the public to see the rule

True

The doctrine of comparative negligence permits damages to be:

decreased by the percentage of plaintiffs' injuries caused by plaintiff's negligence

Administrative agencies engage in rule making to

develop regulatory policies

Administrative agencies enforce regulations by doing which of the following:

requiring businesses to self-report, and direct observation by agency personnel

Proximate cause limits liability to harms:

that bear a reasonable relationship to the defendant's negligent conduct

The primary source(s) of administrative law include(s)

the Administrative Procedures Act, the enabling statutes of the administrative agencies, and court decisions reviewing agency decisions

Prohibiting the introduction of oral evidence when it contradicts the terms of a written contract is an example of

the parol evidence rule

Which is not a necessary element of negligence?

the wrongdoer's actions were motivated by malice

Administrative agencies are often created by Congress because

they can consider technical details more effectively than Congress, they can handle litigation more quickly than can the judicial system, and they have the ability to monitor a regulated industry on a continuous basis

Bury-It Landfill operates a successful business disposing of refuse from Alabama and other states....Bury-It challenges the law as unconstitutional. The landfill operator is likely to:

win the case because the law violates the Commerce Clause