Chapter 4 BLAW
What is the major distinction between executive and independent agencies?
The President has greater control over executive agencies.
The Environmental Protection Agency was investigating whether Exgrow, Inc. violated the Clean Air Act. Exgrow refused to give the EPA its computerized reports concerning pollution. To get the reports, EPA should use _______
a subpoena duces tecum
The Administrative Procedure Act ______
applies to all federal agencies
Statutory law is to legislative bodies as common law is to _____
courts
The U.S. Supreme Court's holding in Ward's Cove Packing v. Atonio ______
differed from the holding in Griggs v. Duke Power Co. partly because the Court was more conservative at the time Ward's Cove was decided
The U.S. Supreme Court was asked to decide whether same-sex sexual harassment is a violation of Title VII of the Civil Rights Act. This law forbids discrimination in employment on the basis of sex. In interpreting statutes, the court may NOT use ___________
enabling legislation
Even if a statute's words have ordinary, everyday significance, the court will look at the legislative history of the law and public policy in order to interpret the statute. (true/false)
false
The Occupational Safety and Health Administration (OSHA) has proposed rules aimed at reducing repetitive-stress injuries. ATC, Inc. disagrees with the proposed rules. If ATC, Inc. wants to challenge the proposed rules, it must do so in court before the rules become final. (true/false)
false
The doctrine of stare decisis, though vital to the creation of the common law when this country was settled, is not important to our modern, complex society. (true/false)
false
The largest source of new laws comes from court decisions. (true/false)
false
While at the park, Tasha saw a small child fall into the lake. Tasha did not know the child. Under the common law of most states, Tasha has a legal duty to take reasonable steps to assist the child if Tasha is able to help and such help will not jeopardize Tasha's well-being. (true/false)
false
Psychologist Holtz is working with a patient, Rebecca, who has expressed the intention to seriously harm two of her acquaintances. If you apply the principle set forth by the Supreme Court of California in the Tarasoff v. Regents of the University of California case, Psychologist Holtz ______
has a duty to exercise reasonable care to protect foreseeable victims of Rebecca's violence.
Karen is a strong swimmer. One afternoon she is having a picnic at the lake and sees a man she does not know drowning. Generally, Karen ____
has no legal duty to rescue the man
Administrative agency rules consist of ______
legislative and interpretive rules
A subpoena duces tecum is different from an ordinary subpoena in that a subpoena duces tecum ______
requires the person to bring specified documents to the court or administrative building
The last protected trait added by Congressman Smith of Virginia to the bill which became Title VII of the Civil Rights Act of 1964 was _____
sex (gender)
If in 1900 the Minnesota Supreme Court ruled that a minor can void a contract at any time during minority and, in 2014, the courts in Minnesota still follow this rule, this is an example of _____
stare decisis
The Administrative Procedure Act imposes controls on agencies by requiring basic fairness in areas not regulated by the enabling legislation. This method of reining in powerful agencies is a form of ______
statutory control
Congresswoman Sloan introduced a bill in the House of Representatives. If the bill is approved by the house committee specializing in that subject, the bill will go to _____
the full House
Assume that in December 2006, the Environmental Protection Agency (EPA) filed an administrative complaint against Marlin Firearms Co. alleging that the company exceed chromium emissions limits. The EPA proposed a $257,162 fine. Which statement is correct concerning the administrative agency adjudication?
the losing party has the right to appeal
From tax returns, the International Revenue Service (IRS) has information concerning Elizabeth Jones. Generally, the IRS may not divulge this information to the Federal Bureau of Investigation unless Elizabeth has given written consent. (true/false)
true
If the President vetoes a bill and if both the House and Senate repass the bill by a two-thirds margin, the bill becomes law. (true/false)
true
The Civil Rights Act of 1964, a federal statute, forbids discrimination on the basis of national origin in employment. The Equal Employment Opportunity Commission (EEOC) is the administrative agency that oversees the law. The EEOC issued Guidelines on Discrimination because of National Origin. According to one of the guidelines, the EEOC will presume a violation of the law if an employer sets a work requirement that employees must speak only English in the workplace. This is an interpretive rule because it interprets the Civil Rights Act. (true/false)
true
The Federal Trade Commission promulgated Telemarketing Sales Rules regulating the activities of telemarketers. One of the rules prohibits telemarketers from calling a person's residence at any time other than between 8:00 a.m. and 9:00 p.m. This legislative rule has the effect of a statute. (true/false)
true
The majority of work done by legislative bodies is performed in committees. (true/false)
true
