ch 23 brief hypotheticals
d. administrative law
Assume that Congress passes a law establishing a new administrative agency to oversee cyberlaw issues. The agency writes rules to enable it to carry out its duties. The rules written by the agency will be known as a part of: a. constitutional law. b. a Restatement of the Law. c. statutory law. d. administrative law.
enabling legislation
Congress passed the Securities Exchange Act of 1934, which created the Securities Exchange Commission. This legislation, which created an independent regulatory agency, is known as:
b. it failed to provide the required time for public comment
The Environmental Protection Agency (EPA) passes a proposed rule change to the Clean Air Act related to the discharge of emissions by factories. The EPA's action would be considered arbitrary and capricious for all of the following reasons except: a. it considered legally inappropriate factors. b. it failed to provide the required time for public comment. c. it failed to provide a rational explanation for its decision. d. it changed a prior policy without justification.
a. president of the us
The Food and Drug Administration (FDA) is an example of an executive agency. If Fred Smith is an officer in the FDA and he fails to perform his duties properly, the power to remove him lies with: a. the president of the United States. b. the speaker of the U.S. House of Representatives. c. the Congressional representative from his home district. d. the vice president of the United States.
a. issues an ordinary subpoena
The Food and Drug Administration (FDA) is investigating a report that Cherise Cosmetics Co. is in violation of purity and testing regulations. The FDA wants Yasmin, the lead chemist for the company, to testify at an administrative hearing. Yasmin refuses, so the FDA: a. issues an ordinary subpoena. b. conducts an on-site investigation to discover the information. c. appeals her decision to a federal court. d. issues a subpoena duces tecum
a. defer to the agency's interpretation
UsAgainstThem, a nonprofit environmental group, is contesting the EPA's interpretation of a rule that has allowed a refinery to offset an increase in emissions relating to one part of the refinery by reducing emissions in another part of the refinery. In challenging the EPA's interpretation, a court will likely: a. defer to the agency's interpretation. b. dismiss the suit for lack of standing. c. refer the matter to an agency subcommittee. d. seek advice from Congress.
an administrative agency
AT&T wants to obtain additional rights to operate within the 700 MHz spectrum in the United States. The Federal Communications Commission (FCC) has rules and regulations that govern wireless spectrum auctions. The FCC is:
a. an administrative law judge (ALJ)
BP violated the Clean Air Act by discharging pollutants from one of its refineries and was unable to reach a settlement with the EPA regarding a violation of the law. The EPA plans to go forward with a trial on this matter, which will be heard by: a. an administrative law judge (ALJ). b. the United States Supreme Court. c. a county court judge. d. an appellate court judge.
b. an independent agency
Joseph is appointed to serve as an officer for a federal agency. He is appointed by the president of the United States and confirmed by the U.S. Senate. He is to serve for a six-year, fixed term and cannot be removed without cause, even if there is a change in the president. Joseph is most likely serving in: a. a cabinet post. b. an independent agency. c. an executive agency. d. a Congressional committee.
a. may be closed to the public
The Environmental Protection Agency conducts meetings to discuss the possibility of creating additional regulations within the next five years. Under the Government in the Sunshine Act, the meetings: a. may be closed to the public. b. may be closed to the public, but the minutes of the meetings must be posted on the agency's Web site. c. must be advertised so that the public is aware that the meetings are taking place but may be conducted privately. d. must be conducted in the open.
d. a settlement is less costly than litigation
The Securities and Exchange Commission (SEC) charges the Able Baker Co. (ABC) with violating an administrative rule regarding the sale of securities. ABC did not realize that in its search for capital it became subject to securities regulations. ABC may attempt to settle the case rather than proceed to litigation because: a. a settlement can be more complex than litigation. b. it does not want to cooperate with the SEC. c. a settlement will be more costly for the agency. d. a settlement is less costly than litigation.
he must first appeal the case to the workers' compensation board that heads the state agency.
Theo is injured at work and files a workers' compensation claim, which is administered by the workers' compensation agency in his state. His employer disputes the extent of Theo's injuries. The case is heard by an administrative law judge ("ALJ"), who decides the case in the employer's favor. Theo's attorney tells him that the ALJ's decision cannot be appealed to a court because a. he must first appeal the case to the workers' compensation board that heads the state agency. b. the decision of the ALJ is final in all administrative challenges. c. he does not have standing to appeal an administrative decision; only the employer could do that. d. there is not an actual controversy that qualifies for judicial proceedings.
b. a freedom of information act request
William wants to obtain information from the Securities and Exchange Commission (SEC) regarding the number of active cases related to insider trading. To request this information, he would need to file which of the following with the SEC: a. a Regulatory Flexibility Act request. b. a Freedom of Information Act request. c. a Sunshine Act request. d. an SEC disclosure request.
