Question 1

Tina wishes to learn what records the IRS has about her.Under the Freedom of Information Act (FOIA),

Accepted Answer

Under the Freedom of Information Act (FOIA), individuals are entitled to access and obtain copies of records that federal agencies, including the IRS, maintain about them unless the records are exempt from disclosure. However, certain personal information may be redacted for privacy reasons. Therefore, Tina is entitled to all information the IRS has about her unless the records are exempt from disclosure.

Question 2

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

The last protected trait added to the bill which became Title VII of the Civil Rights Act of 1964 was sex (gender). This addition was made by Congressman Howard W. Smith of Virginia.

Question 3

TECO Coal Corporation is interested in the inspections that the U.S.Bureau of Mines has conducted over the past year.To secure this information,TECO should

Accepted Answer

TECO should make a Freedom of Information Act request to access the inspections conducted by the U.S. Bureau of Mines over the past year. The Freedom of Information Act provides the public with access to government records, including inspection reports, upon request.

Question 4

Bert had his driver's license suspended by the state department of transportation.He believes his constitutional due process rights were violated by the administrative agency.Can he immediately file a court action to have agency's actions reviewed?

Accepted Answer

Bert must first exhaust all possible appeals within the agency itself before seeking judicial review by a court, as courts typically require exhaustion of administrative remedies.

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,EPA should use

Accepted Answer

A subpoena duces tecum is a legal order requiring someone to produce documents or evidence for a court or investigation. In this case, the EPA could use a subpoena duces tecum to legally compel Exgrow, Inc. to hand over their computerized reports on pollution, despite their initial refusal.

Question 6

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

An initial hearing regarding a television license would be heard by an administrative law judge. The other options listed (OSHA, administrative mediator, House-Senate Conference Committee) do not have jurisdiction over television licensing decisions.

Question 7

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

After a bill is approved by the House committee specializing in the subject, it goes to the full House for consideration and vote before it can move to the next stages of the legislative process.

Question 8

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

Accepted Answer

According to the Tarasoff decision, mental health professionals have a duty to exercise reasonable care to protect foreseeable victims of their patient's violence. This duty includes warning potential victims or taking other appropriate precautions. The bystander rule would not apply in this case, as the mental health professional has a direct relationship with the patient and has a duty to protect potential victims. If the mental health professional fails to fulfill this duty, they may be held liable for any injuries caused by their patient's violence.

Question 9

The U.S.Supreme Court's holding in Ward's Cove Packing v.Atonio

Accepted Answer

Wards Cove Packing v. Atonio differed from Griggs v. Duke Power Co. in its approach to employment discrimination, reflecting a more conservative stance by the Court at the time it was decided. This shift made it more difficult to prove discriminatory practices, contrasting with the precedent set by Griggs which was more favorable to plaintiffs claiming discrimination.

Question 10

The purpose of the Freedom of Information Act (FOIA)is

Accepted Answer

The purpose of the Freedom of Information Act (FOIA) is to give citizens, businesses, and organizations access to information that federal agencies are using. It allows individuals to request information and documents from federal agencies and receive them in a timely manner. FOIA promotes transparency and accountability in government, and helps ensure that citizens have access to the information they need to participate in the democratic process.

Question 11

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

Accepted Answer

The CPSC is an independent agency which means that the President cannot fire the chairperson. Instead, the chairperson is appointed by the President and confirmed by the Senate, and serves a fixed term of seven years. The chairperson can only be removed for cause, such as misconduct or neglect of duty. Therefore, option C is the correct choice.

Question 12

TECO Coal Corporation mines and ships more than six million tons of coal annually.TECO is comprehensively regulated by the U.S.Bureau of Mines.The U.S.Bureau of Mines may conduct a surprise inspection of one of TECO's mines

Accepted Answer

The U.S. Bureau of Mines can conduct surprise inspections without a search warrant to ensure safety and compliance with regulations.

Question 13

Which law imposes controls on federal agencies by requiring basic fairness in areas not regulated by enabling legislation?

Accepted Answer

The Administrative Procedure Act (APA) imposes controls on federal agencies by requiring basic fairness in areas not regulated by enabling legislation. The APA provides procedural guidelines for agency rulemaking, adjudication, and the availability of information. The 1964 Civil Rights Act prohibits discrimination on the basis of race, color, religion, sex, or national origin in areas such as employment and education. The Clean Agency Act and the Freedom of Information Act also regulate federal agencies, but they have more specific purposes – the Clean Agency Act sets standards for environmental protection, and the Freedom of Information Act provides access to government records.

Question 14

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 ruling,this is an example of

Accepted Answer

Stare decisis is the legal principle of following established precedent in court decisions. In this case, the fact that the Minnesota courts still follow the 1900 ruling suggests that they are adhering to the principle of stare decisis. The bystander rule, statutory law, and enabling legislation are all unrelated concepts that do not apply here.

Question 15

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

Accepted Answer

Courts usually give deference to administrative agencies in their decision-making process and often accept the facts presented by the agency. Courts are not conducting a de novo review (B), ignoring the facts of the case (C), or substituting their own opinion for that of the agency (D).

Question 16

What is the major distinction between executive and independent agencies?

Accepted Answer

The major distinction between executive and independent agencies is that the President has greater control over executive agencies. Executive agencies are within the executive branch of government and are established to carry out specific functions under the direction of the President. In contrast, independent agencies are created by Congress to perform a specific function and are designed to be free from presidential control. While the President may appoint the heads of independent agencies, they generally have greater independence in their decision-making and are not subject to the same level of control as executive agencies.

Question 17

A subpoena duces tecum is different from an ordinary subpoena in that a subpoena duces tecum

Accepted Answer

A subpoena duces tecum requires the person to bring specified documents to the court or administrative hearing. This is different from an ordinary subpoena, which generally just requires a person to appear and give testimony.

Question 18

Administrative agency rules consist of

Accepted Answer

Administrative agency rules are divided into two categories: legislative and interpretive rules. Legislative rules carry the force of law and are created under the agency’s delegated authority. Interpretive rules provide agencies’ interpretation of the law or rules, but they do not carry the force of law.

Question 19

Assume that in December 2006,the Environmental Protection Agency (EPA)filed an administrative complaint against Marlin Firearms Co.alleging that the company exceeded chromium emissions limits.The EPA proposed a $257,162 fine.Which statement is correct concerning the administrative agency adjudication?

Accepted Answer

Administrative agency adjudications allow for the losing party to appeal the decision. Choices A, B, and D are incorrect because administrative agency adjudications do not involve a jury, are not criminal in nature, and parties may be represented by attorneys.

Question 20

The Administrative Procedure Act

Accepted Answer

The Administrative Procedure Act (APA) applies to all federal agencies. Therefore, choice A is the correct answer. The APA sets out the procedures that federal agencies must follow when issuing regulations or making decisions that affect individuals or businesses. This act is important because it ensures that federal agencies act fairly and transparently, and that individuals and businesses have an opportunity to participate in the decision-making process of federal agencies.

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

Tina wishes to learn what records the IRS has about her.Under the Freedom of Information Act (FOIA) ,