QUIZ 2: ADMINISTRATIVE LAW, THE COMMERCE CLAUSE, AND EMPLOYMENT LAW

Congress can regulate "intrastate" commerce if it has a(n) _____ impact on interstate commerce. aggregate disparate prejudicial discriminatory

a. aggregate

Which phase is not part of an administrative pre-hearing phase? arraignment discovery conference settlement

a. arraignment

_____ is responsible for providing its citizens with unemployment and workers' compensation benefits. State government Federal government Local government The employer

a. State government

An individual dealing with an agency complaint must first _____ at the agency level before seeking a resolution in a court of law. exhaust the remedies seek counsel pay a fine reach a settlement

a. exhaust the remedies

The two main types of administrative agencies are ______. independent and executive independent and dependent executive and judicial executive and civic

a. independent and executive

What publication is published by the Government Printing Office (GPO) and provides information on various rules and regulations divided into fifty titles? the Code of Federal Regulations (CFR) the Federal Register Statutes at Large the US Code

a. the Code of Federal Regulations (CFR)

A statute that allows an agency to be formed is a(n) ______. Agency Formation Act Enabling Act Statutory Act Statute at Large

b. Enabling act

The Family and Medical Leave Act (FMLA) allows a person to take up to twelve work weeks of leave for ______. unspecified personal time family and medical reasons divorce and child custody proceedings sabbatical

b. family and medical reasons

Through the Commerce Clause, Congress has broad powers over all of the following but ______. federal government employees foreign nationals not involved in commerce with the US state actors private businesses

b. foreign nationals not involved in commerce with the US

Two key requirements for proposed rules or regulations include ______. notice and hearing notice and comment notice and adjudication notice and appeal

b. notice and comment

In arriving at his or her decision, an Administrative Law Judge (ALJ) relies on an agency's ______. stare decisis rules and regulations comments provided by the public proposed rules

b. rules and regulations

A random drug test represents a "search" under which Amendment? the First the Fourth the Fifth the Sixth

b. the Fourth

What provision of the Constitution declares that US laws are the "Supreme Law of the Land"? the Commerce Clause the Supremacy Clause the Necessary and Proper Clause the Due Process Clause

b. the Supremacy Clause

An administrative agency looks to what legislation for guidelines regarding adjudication? Age Discrimination in Employment Act (ADEA) Civil Rights Act of 1964 Administrative Procedure Act (APA) Federal Insurance Contribution Act (FICA)

c. Administrative Procedure Act (APA)

Intentional discrimination in a hiring situation based on race, gender, religion, or national origin represents ______. disparate impact disparate outcome disparate treatment disparate application

c. disparate treatment

Due process of the law protects an individual's ______. pursuit of happiness job liberty and property interests right to prosperity

c. liberty and property interests

Name the key player in staffing administrative agencies. chief justice of the Supreme Court the vice president the president speaker of the house

c. the president

______ occurs when an employee is fired in violation of public policy. Employment discrimination Retaliatory discharge Wrongful discharge Professional negligence

c. wrongful discharge

_____ proceedings tend to be the least formal. Criminal Civil Appeal Agency

d. Agency

The Equal Employment Opportunity Commission (EEOC) is an administrative agency that administers and enforces which act? Age Discrimination in Employment Act (ADEA) Family and Medical Leave Act Americans with Disabilities Act (ADA) Title VII of the Civil Rights Act of 1964

d. Title VII of the Civil Rights Act of 1964

Which of the following is not a basis for a "bona fide occupational qualification" (BFOQ)? race gender national origin age

d. age

An Administrative Law Judge (ALJ) is typically a ______. magistrate district court judge retired judge agency employee

d. agency employee

The Civil Rights Act of 1991 provides for compensatory and punitive damages for ______. public accommodations discrimination voting poll taxes unintentional discrimination intentional discrimination

d. intentional discrimination

Compared to criminal or civil courts, agency hearings deal with more _____ issues. broad complicated bureaucratic narrow

d. narrow

In an agency hearing, the burden of proof is on the ______. plaintiff prosecution defendant proponent of the ruling

d. proponent of the ruling

Note: All answers are correct

p.s. let's hope i pass the quiz this time