Question 1

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 use all of the following EXCEPT

Accepted Answer

A)  the plain meaning rule.
B)  legislative history.
C)  public policy.
D)  enabling legislation.

Question 2

The Consumer Product Safety Commission (CPSC) is an independent administrative agency.Which statement is correct about the chairperson?

Accepted Answer

A)  The chairperson serves at the whim of the President and can be fired at any time.
B)  The chairperson can only be fired by the President for good cause.
C)  The chairperson cannot be fired by the President since the CPSC is an independent agency.
D)  The chairperson has a lifetime appointment and cannot be fired.

Question 3

Statutory law is to legislative bodies as common law is to

Accepted Answer

A)  rulemaking.
B)  agencies.
C)  courts.
D)  administrative regulations.

Question 4

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

Accepted Answer

A)  a Senate committee specializing in the subject matter of the proposed legislation.
B)  the full House.
C)  a Conference Committee made up of representatives of both the House and Senate.
D)  the voters of her state for approval.

Question 5

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,the EPA should use a(n)

Accepted Answer

A)  stare decisis.
B)  de novo.
C)  excaliber.
D)  subpoena duces tecum.

Question 6

Because of the concept of stare decisis,the U.S.Supreme Court,in interpreting a statute in 2009,must interpret certain statutory language in the same way as the U.S.Supreme Court interpreted the same statutory language in 1971.

Accepted Answer

A) True 
 B)False

Question 7

What is the major distinction between executive and independent agencies?

Accepted Answer

A)  Executive agencies govern business issues while independent agencies regulate individual matters.
B)  The President has greater control over executive agencies.
C)  The Administrative Procedure Act regulates independent agencies but not executive agencies.
D)  Subpoenas may be issued by independent agencies;executive agencies do not have subpoena power.

Question 8

Discuss the two federal statutes that give Americans the power to acquire or protect personal information.

Accepted Answer

Any citizen or executive may make a Fr...

Question 9

Which statement about interpretive rules is correct?

Accepted Answer

A)  Interpretive rules are the most important agency rules.
B)  Interpretive rules do not change the law.
C)  Interpretive rules are much like statutes.
D)  Interpretive rules are made by the legislature.

Question 10

SharCo and Blyron Productions are each applying for a television license.In deciding which applicant is better qualified,the FCC will hold an initial hearing before

Accepted Answer

A)  the OSHA.
B)  an administrative law judge.
C)  an administrative mediator.
D)  a House-Senate Conference Committee.

Question 11

Define the common law.Discuss its conflicting goals and the doctrine created to serve one of these goals.

Accepted Answer

The common law is judge-made law.It is t...

Question 12

The concept of stare decisis is closely related to the concept of

Accepted Answer

A)  precedent.
B)  the bystander rule.
C)  statutory law.
D)  enabling legislation.

Question 13

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 8:00a.m.and 9:00 p.m.This legislative rule has the effect of a statute.

Accepted Answer

A) True 
 B)False

Question 14

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

Accepted Answer

A)  informational control.
B)  political control.
C)  judicial review.
D)  statutory control.

Question 15

The majority of work done by legislative bodies is performed in committees.

Accepted Answer

A) True 
 B)False

Question 16

The Administrative Procedure Act

Accepted Answer

A)  applies to all federal agencies.
B)  applies to executive branch agencies but not to independent agencies.
C)  applies to independent agencies but not to executive branch agencies.
D)  does not apply to federal agencies.

Question 17

Which statement is correct concerning judicial review of an administrative agency's action?

Accepted Answer

A)  Courts usually accept the facts of the case as determined by the agency and often defer to the agency's interpretation of the law.
B)  Courts conduct a de novo review of the case.
C)  Courts ignore the facts of the case.
D)  Courts substitute their opinion for that of the agency.

Question 18

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.

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

A)  sex (gender) .
B)  sexual orientation.
C)  national origin.
D)  race.

Question 20

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.

Accepted Answer

A) True 
 B)False

Exam 4: Common Law, Statutory Law, and Administrative Law

Which statement about interpretive rules is correct?

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

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 8:00a.m.and 9:00 p.m.This legislative rule has the effect of a statute.

Correct AnswerverifiedShow Answer

Statutory law is to legislative bodies as common law is to

Correct AnswerverifiedShow Answer

Define the common law.Discuss its conflicting goals and the doctrine created to serve one of these goals.

Correct AnswerverifiedThe common law is judge-made law.It is t...View AnswerShow Answer

SharCo and Blyron Productions are each applying for a television license.In deciding which applicant is better qualified,the FCC will hold an initial hearing before

Correct AnswerverifiedShow Answer

The Consumer Product Safety Commission (CPSC) is an independent administrative agency.Which statement is correct about the chairperson?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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,the EPA should use a(n)

Correct AnswerverifiedShow Answer

Because of the concept of stare decisis,the U.S.Supreme Court,in interpreting a statute in 2009,must interpret certain statutory language in the same way as the U.S.Supreme Court interpreted the same statutory language in 1971.

Correct AnswerverifiedShow Answer

Which statement is correct concerning judicial review of an administrative agency's action?

Correct AnswerverifiedShow Answer

The majority of work done by legislative bodies is performed in committees.

Correct AnswerverifiedShow Answer

The Administrative Procedure Act

Correct AnswerverifiedShow Answer

What is the major distinction between executive and independent agencies?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Discuss the two federal statutes that give Americans the power to acquire or protect personal information.

Correct Answerverified​Any citizen or executive may make a Fr...View AnswerShow Answer

The concept of stare decisis is closely related to the concept of

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

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 use all of the following EXCEPT

Correct AnswerverifiedShow Answer

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The common law is judge-made law.It is t...
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Any citizen or executive may make a Fr...
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