LE Test 3

Administrative agencies at various levels of government work together and share the responsibility of enforcing particular regulations.

True.

State and federal laws permit a buyer of goods sold door to door to cancel the contract within a specified period of time.

True.

The Consumer Product Safety Commission (CPSC) wants Monster Toy Company to produce certain records for review. To obtain the records, the CPSC will issue:

a subpoena duces tecum

Precise GPS Company's ad states that its product is "the finest that money can buy" Because of this ad, the FTC is most likely to issue:

neither a cease-and-desist order nor a counteradvertising order

Dita takes out a student loan from Everloan Bank. When she fails to make the scheduled payments for six months, Everloan advises her of further action that it will take. This violates:

no federal law.

The public must be provided with adequate advance notice of scheduled federal administrative agency meetings and agendas.

True

A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious.

True

All federal gov agencies must make their records available electronically on the Internet

True

Delphi, LTD, imports appliances made in Southeast Asia into the United State. To obtain a larger share of the U.S. market, Delphi sells the appliances ar lower prices here than in its exporting countries. With respect to these imports, the United States may:

Assess antidumping duties.

An international custom is a general practice accepted in the international arena as law.

True

Seafood restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies, the IRS was created by:

Congress, through enabling legislation.

An ______________ is a statement required by the National Environmental Policy Act (NEPA) of 1969 for any major federal action that will significantly affect the quality of the environment. The statement must analyze the actions impact on the environment and explore alternative actions that might be taken.

Environmental Impact Statement

There are no defenses to liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980

False

The primary responsibility for implementing air-quality standards rests with the federal government.

False, The primary responsibility for implementing air-quality standards rests with the state's agencies

When the meaning of a statute's language is unclear and an agency interprets it, a court need not follow the agency's interpretation even if it is reasonable.

False, a court NEEDS follow the agency's interpretation even if it is reasonable.

There are no significant differences between a trial and an administrative hearing.

False, there are sifnificant differences between trial and admin hearing

Warrants are required to conduct administrative searches in all highly regulated industries.

False, there is an exception.

Deceptive advertising occurs if a reasonable consumer would be misled by the advertising claim.

True

Federal Agencies must consider ways to reduce the economic impact of new regulations on small businesses.

True

Kristen receives unsolicited merchandise in the U.S. Mail. Kristen:

May keep the merchandise without any obligation to the sender.

Injured individuals can rely on the common law to obtain damages and injunctions against business polluters

True

Corner Market sells groceries. Delite Food & Drug Store sells groceries and fills prescriptions. The party with the chief responsibility to prevent undsafe food and drugs from being sold is:

The Food and Drug Administration (FDA)

Plastix Produx Company is subject to a decision by the Environmental Protection Agency (EPA). Opposed to the decision, Plastix Produx wants a court to review it. First, however, the firm must use all of the potential administrative remedies. This is:

The exhaustion doctrine

Merchants must issue a refund within a specified period of time when a consumer cancels an order.

True

The major function of an administrative agency is rulemaking

True

Violators of emission standards under the Clean Air Act may be subject to criminal penalties.

True

The gov of Canada sets a limit on the amount of beef that can be imported from the U.S. This is

a quota

Without a permit from the U.S. Army Corps of Engineers, Holiday Timeshares, Inc., fills a wetlands area that it owns before constructing a residential resort. Under the Clean Water Act, this is most likely:

a violation

Green River Energy Corporation wants to begin operations that include the discharge of waste into navigable waters. Under the Clean Water Act, Green River must install certain equipment:

before beginning operations.

Nakeya and other foreign citizens allege environmental destruction commited overseas by the government of Cameroon on behalf of Deep Mining Company, a U.S. firm. To seek redress for their injuries in a U.S. court, these citizens can:

bring civil suits under the Alien Tort Claims Act of 1789

Before adopting new regulations to govern Interest-based phone services, the Federal Communications Commission (FCC) may not:

ignore the Administrative Procedure Act to steamline proceedings

Vanna and many other consumers complain to the Federal Trade Commission (FTC) that a Whoopie Wonders Company ad is descriptive. The FTC'S first step is to:

investigate

The Securities and Exchange Commissio (SEC) decides to create a new rule relating to the dissemination of material nonpublic information through corporate blogs, tweets, and Web sites. The 1st step is to:

publish a notice of the proposed rulemaking (NPRM)

The Internal Revenue Service (IRS) wants to seize certain documents of Monetary Property, Inc. Deciding whether it is permissible for the IRS to request or seize the documents depends on whether the documents are:

relevant

The U.S. Department of Homeland Security issues a rule. Like the rules of other federal administrative agencies, this rule is compiled in:

the Code of Federal Regulations (CFR)

Global Properties, Inc. (GPI), a U.S. firm, owns property in Hong Kong. The government in Hong Kong takes GPI's propery without paying for it. A U.S. court will probably not examine the validity of this act commited by China within its own territory, under:

the act of state doctrine

Special Roast Coffee, Inc. processes and sells a variety of coffee products. Special Roast's product packages must include:

the content's net quantity, and the product's identity

A ___________ is an agreement or a contract between two or more actions that must be authorized and ratified by the supreme power of each nation.

treaty

New Town Construction, Inc, wants to build a parking ramp to connect to its New Town Mall, both of which are on private land. For this action, an environmental impact statement (EIS) is:

unnecessary

Truck Transport Company is subject to a decision by the National Labor Relations Board (NLRB). Truck Transport appeals the decision, arguing that it is arbitraty and capricious. This could mean that the decision:

was plainly contrary to the evidence.