BE 325 Quiz 2

A law that has any impact on religion is unconstitutional.

False

A restriction on commercial speech is valid as long as it forbids only the expression of views on controversial issues.

False

Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.

False

Force majeure clauses in international business contracts commonly set forth the major clauses of the contracts.

False

The Second Amendment to the U.S. Constitution reserves all powers not delegated to the national government to the states.

False

A forum-selection clause indicates the place for the resolution of a dispute arising under a contract.

True

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

True

Administrative agencies generally exercise substantial discretion over the type of hearing procedures that they use.

True

All international sales contracts should have a choice-of-language clause to designate the official language by which the contract will be interpreted.

True

An administrative agency can issue an interpretive rule to indicate how the agency plans to interpret its statutory authority.

True

At least in theory, Congress can regulate every commercial enterprise in the United States.

True

Foreign exchange markets comprise a worldwide system for buying and selling currency.

True

Frequently, disputes over violations of administrative rules are resolved through informal adjudication proceedings.

True

If the meaning of a statute's language is unclear and an agency interprets it, a court must follow the interpretation as long as it is reasonable.

True

Preemption occurs when Congress chooses to act exclusively in a concurrent area and a valid federal statue or regulation takes precedence over a conflicting state or local law.

True

The Bill of Rights protects individuals against types of interference by the federal government.

True

The First Amendment protects corporate political speech.

True

When there is a direct conflict between a federal and a state law, the state law is rendered invalid.

True

The government of Japan sets a limit on the amount of rice that can be imported from the United States. This is

a quota.

Caleb is a witness in a controversy involving the U.S. Drug Enforcement Administration. Caleb can be compelled to appear before an administrative law judge if he is served with

a subpoena.

Nursing Home Care Company is charged with violating a rule of the Social Security Administration. Most likely, Nursing Home Care will be required to appear at a hearing presided over by

an administrative law judge.

The Nuclear Regulatory Commission (NRC) files a complaint against General Construction Corporation (GCC). GCC may want to settle the dispute, before formal adjudicatory proceedings begin, to avoid

appearing uncooperative.

Serenity City enacts an ordinance that bans the use of "sound amplifying systems" on public streets. Tyler wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Tyler's suit against the city, a court would likely hold the ordinance to be

constitutional under the First Amendment.

Labor Recruiters, Inc., has been ordered to appear at a hearing before an administrative law judge of the National Labor Relations Board. A significant difference between a trial and an administrative hearing is that

hearsay can be introduced as evidence in an administrative hearing.

Before adopting new regulations to govern Internet-based phone services, the Federal Communications Commission may not

ignore the Administrative Procedure Act to streamline proceedings.

The United States is a member of the World Trade Organization, which, among its members,

minimizes trade barriers.

Brad stands in front of Rooster's Round-Up Café, shouting "fighting words" that are likely to incite Rooster's patrons to respond violently. The First Amendment protects such speech

none of the time.

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate Web sites. The first step is

publish a notice of the proposed rule making.

Senator Smith and other politicians want to restrict the flow of technologically advanced products and data from the United States to other countries. To restrict or encourage exports, Congress can

set export quotas.

The United States and other members of a certain organization agree to grant normal trade relations status on each other with regard to imports and exports. This organization is

the World Trade Organization.

Oklahoma enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. PriceLess Stores files a suit to block the law's enforcement. The court would likely hold that this law violates

the establishment clause.

Don, a U.S. citizen, is the owner of Egrets Unlimited, Inc. Egret's competitors include Feathered Friends Company (FFC), which is owned by Greg and Huey. The Bill of Rights embodies a series of protections for Don against types of interference by

the government only.

The U.S. Fish and Wildlife Service utilizes notice-and-comment rulemaking. This involves a period during which

the public is asked to comment on a proposed rule.

The police obtain a search warrant and search Dave's apartment. After yelling obscenities at the officers, Dave confesses to a crime and implicates his friends. The Constitution protects against

unreasonable searches only.