Exam 2

Question 1

Before administrative agencies’ rules become law, must there be congressional approval?

Answer 1

No

Question 2

Is an administrative agency either a legislative or a judicial body?

Answer 2

Neither, which makes it executive instead

Question 3

Can administrative agencies exist at any level of government?

Answer 3

Yes, all levels (Federal, State, Local)

Question 4

Do administrative agencies serve as courts for hearings on rule violations?

Answer 4

Yes

Question 5

Is the freedom of information act a part of the administrative procedures act?

Answer 5

FOIA was originally part of the APA, it was later separated and enacted as a separate statute

Question 6

Describe administrative agencies and the primary purpose for which they are created?

Answer 6

Created to implement and enforce laws, particularly those needing specialized knowledge and technical expertise

Question 7

What are enabling acts and what are their products?

Answer 7

Establish administrative agencies and their authorities

Question 8

What specific element of law is included in the administrative procedures act?

Answer 8

The Freedom of Information Act

Question 9

Who typically makes a request known as a FOIA request?

Answer 9

A citizen for agency information

Question 10

The government in the sunshine act can be described to have what intent?

Answer 10

To require open meetings under law

Question 11

The U.S. system of law is based primarily on what type of legal influences?

Answer 11

Constitutional law, common law including case law, statutory law, treaties, and administrative regulations

Question 12

Do U.S. courts have any level of jurisdiction over foreign businesses with operations inside the United States?

Answer 12

Complete level within US under federal laws

Question 13

The U.S. sanctions against trade with Iran are an example of what type of trade sanction?

Answer 13

Embargo on dealings with the country by the United States

Question 14

Did the European Union modify any tariffs affecting or protecting its membership?

Answer 14

Yes, eliminated tariff protections for its members in 1992

Question 15

What “Doctrine” confirms the independence of sovereign nations and their courts?

Answer 15

Act of State Doctrine

Question 16

What happens to U.S. businesses that break laws while operating in foreign countries?

Answer 16

Are subject to full prosecution, fines, and imprisonment

Question 17

What action can set limits on removal of profits from a country?

Answer 17

Repatriation limits the removal of profits from a country

Question 18

In international affairs, expropriation involves what behavior by the host sovereign state?

Answer 18

Taking of private property by a host nation

Question 19

How can U.S. antitrust laws affect international businesses?

Answer 19

Do not apply to international businesses

Question 20

The Export Trading Company Act of 1982 allows what anti-trust behavior?

Answer 20

Permits US business firms to act in combination is international business activity

Question 21

Who can be charged with the criminal act of embezzlement?

Answer 21

An employee of a firm

Question 22

Is the act of intra-business crime between or inside a business entity?

Answer 22

Inside a business entity

Question 23

What does the term Mens rea involve in the effort to establish a crime has been committed?

Answer 23

Criminal Intent

Question 24

Under the RICO statutes, can business owners be criminally liable for violations even if they are not directly running the business?

Answer 24

Yes, as long as they are associated with or employed by an enterprise that is engaged in a pattern of racketeering activity

Question 25

What is the meaning of a person saying that they are "Taking the Fifth" mean?

Answer 25

Exercising an individual's right to remain silent

Question 26

What type of actions are not exceptions to the Fourth Amendment search warrant requirement?

Answer 26

An inspection of a factory by a government organization for safety violations

Question 27

When is the failure to give the Miranda warnings not a problem for police to continue the case?

Answer 27

When the defendant in question is not in custody

Question 28

At what stage of legal processes may a defendant present evidence?

Answer 28

Trial

Question 29

The Money Laundering Control Act addresses what type of criminal actions?

Answer 29

Prohibits concealing the source of funds or disguising the source of funds by a financial institution

Question 30

The USA Patriot Act had what effect on the Money Laundering Control Act?

Answer 30

Expanded and strengthened the Money Laundering Control Act (MLCA) by incorporating provisions to combat international money laundering and the financing of terrorism

Question 31

Is the crime of slander an oral defamation or a written defamation?

Answer 31

Slander = Oral Defamation Libel = Written Defamation

Question 32

Is a false statement that impeaches someone's honesty considered a defamatory action?

Answer 32

Yes

Question 33

Are the members of congress covered by absolute privilege for their speech while on the floor?

Answer 33

Only while speaking on the floor of their house of congress

Question 34

Is the shopkeeper's privilege to "reasonable detention" in a case of shoplifting or theft considered a defense against a false imprisonment charge?

Answer 34

Yes

Question 35

Do all states provide some form of immunity for people who stop and help but make mistakes in offering their assistance?

Answer 35

Yes

Question 36

What is the minimum number of people who must have heard or read a statement for there to be "publication" for purposes of defamation?

Answer 36

1

Question 37

Would a true statement be or not be classified as libel?

Answer 37

No

Question 38

What proof is required to establish "contract interference"?

Answer 38

Requires proof of intent to interfere in the contract

Question 39

Are statements necessary to establish the tort of contract interference?

Answer 39

Statements constitute the tort of contract interference

Question 40

If a defendant in a defamation suit holds a qualified privilege what is required of the plaintiff?

Answer 40

The plaintiff cannot sue

Question 41

Must SIPs must be approved by the EPA?

Answer 41

Yes, they are state plans for implementation of air quality standards

Question 42

Does the Clean Air Act require plants to use the maximum achievable control technology?

Answer 42

Yes

Question 43

Are the 1970 amendments to the Clean Air Act technology-forcing provisions?

Answer 43

Yes

Question 44

Are violations of federal environmental laws covered by both civil and criminal penalties?

Answer 44

Yes

Question 45

What federal acts covering ecological issues, do not permit initial private citizen suits?

Answer 45

Resource Conservation and Recovery Act

Question 46

What acts involve controls point sources?

Answer 46

Clean Water Act

Question 47

What parties would be liable for the clean-up costs at an EPA-designated Superfund site?

Answer 47

Current owners, immediate past owner as well as the owner responsible for toxic waste disposal

Question 48

How was the Rivers and Harbors Act of 1899 used in the pollution battle?

Answer 48

To prevent dumping into water ways

Question 49

What are SIPs?

Answer 49

State Implementation Plans for setting air quality standards

Question 50

Environmental impact statements (EIS) must include what parts?

Answer 50

- Summary. - Purpose and Need. - Proposed Action and Alternatives. - Affected Environment. - Expected Impacts. - Consultation and Coordination. - Appendices.