ACC 205 Exam 1 Questions

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. a legislative agency.
b. an administrative agency.
c. an executive agency.
d. a judicial agency.

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:
a. enabling legislation.
b. common law.
c. administrative law.
d. a Congressional act.

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 does not have standing to appeal an administrative decision; only the employer could do that.
b. the decision of the ALJ is final in all administrative challenges.
c. he must first appeal the case to the workers' compensation board that heads the state agency.
d. there is not an actual controversy that qualifies for judicial proceedings.

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 changed a prior policy without justification.
b. it failed to provide the required time for public comment.
c. it considered legally inappropriate factors.
d. it failed to provide a rational explanation for its decision.

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. a county court judge.
b. the United States Supreme Court.
c. an administrative law judge (ALJ).
d. an appellate court judge.

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. appeals her decision to a federal court.
b. issues a subpoena duces tecum.
c. issues an ordinary subpoena.
d. conducts an on-site investigation to discover the information.

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 will be more costly for the agency.
b. a settlement is less costly than litigation.
c. a settlement can be more complex than litigation.
d. it does not want to cooperate with the SEC.

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. seek advice from Congress.
b. dismiss the suit for lack of standing.
c. defer to the agency's interpretation.
d. refer the matter to an agency subcommittee.

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. an SEC disclosure request.
d. a Sunshine Act request.

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. must be advertised so that the public is aware that the meetings are taking place but may be conducted privately.
b. may be closed to the public.
c. must be conducted in the open.
d. may be closed to the public, but the minutes of the meetings must be posted on the agency's Web site.

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. administrative law.
b. statutory law.
c. a Restatement of the Law.
d. constitutional law.

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 Congressional committee.
b. an executive agency.
c. an independent agency.
d. a cabinet post.

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 Congressional representative from his home district.
b. the vice president of the United States.
c. the speaker of the U.S. House of Representatives.
d. the president of the United States.

The Equal Employment Opportunity Commission (EEOC) issues a statement describing how it will apply a section of the Americans with Disability Act. This statement is an example of a(n):
a. interpretive rule.
b. agency rule.
c. legislative rule.
d. illegal rule.

Carla works for the EPA. Her department determines that a new rule is necessary to help protect seabirds along the California coast. Carla is in charge of the notice of the proposed rulemaking. This means she must draft a notice of the proposed rulemaking proceedings to be published in:
a. the EPA newsletter.
b. The Wall Street Journal.
c. the local newspaper.
d. the Federal Register.

The Equal Employment Opportunity Commission (EEOC) issues a statement describing how it will apply a section of the Americans with Disability Act. After exhausting the administrative remedies, Jill files a lawsuit in federal court alleging that the EEOC incorrectly interpreted the statute. The court likely will:
a. interpret the statute without reference to the EEOC interpretation under its powers of judicial review.
b. ignore the agency's interpretation and send the question to Congress to clarify the meaning of the statute.
c. give deference to the EEOC's interpretation regardless of its reasonableness because agencies have the power to interpret statutes under their authority.
d. give deference to the EEOC's interpretation so long as it is reasonable.

Michael Manin, an airline pilot, was twice convicted of disorderly conduct, a minor misdemeanor. To renew his flight certification with the National Transportation Safety Board (NTSB), Manin filed an application that asked him about his criminal history. He did not disclose his two convictions. When these came to light more than ten years later, Manin argued that he had not known that he was required to report convictions for minor misdemeanors. The NTSB's policy was to consider an applicant's understanding of what information a question sought before determining whether an answer was false. But without explanation, the agency departed from this policy, refused to consider Manin's argument, and revoked his certification. Was this action arbitrary and capricious?
1. The NTSB is an ______________ administrative agency.

2. As an administrative agency, the NTSB exercises powers associated with the three branches of government: the legislative branch through ________ ; the executive branch through ___________ ; and the judicial branch through ____________ .

3. When making rules, ___________ and the _____________ govern an agency's authority and procedures.

4. According to the law, a court can set aside an agency action if it is found to be _________ , __________ , and an abuse of ____________ .

5. In determining if an agency action is arbitrary and capricious, the court will look at five factors: first, if the agency failed to provide a ___________ explanation for its decision; second, if the agency changed its prior policy without _______________ ; third, if the agency considered legally ____________ factors; fourth, if the agency failed to consider a __________ factor; and fifth, if the agency rendered a decision _____________ the evidence.

6. in this case, the NTSB departed from its prior policy without explanation, which would be a violation of which factor?

7. In addition, the NTSB decided not to consider the understanding of the applicant, which had been its policy in the past. This would violate which factor?

8. Given these actions, the NTSB's actions _________ arbitrary and capricious.

Assume that before Manin renewed his flight certification, the National Transportation Safety Board (NTSB) decided to change its policy to require pilots to disclose on renewal applications all criminal offenses, excluding moving traffic violations, (e.g., traffic ticket(s) for speeding). This policy change was implemented because the NTSB had reason to believe that more pilots were being convicted of misdemeanor offenses than in the past. Because it did not seem to be an issue in the past, the NTSB had not requested the information on any new or renewal certifications. The primary goal of this change was to protect the public, (e.g, the passengers). The NTSB met with the pilots' union for input before making a final decision. Notification of this policy change was disseminated through the pilots' union at its request and was also included on the renewal certification application itself and in the instructions. Manin failed to disclose his misdemeanor criminal offenses, and the NTSB denied his renewal certification.
1. Given these facts, the NTSB's decision be arbitrary and capricious.

2. Why? The NTSB follow their own procedures regarding flight certifications.

Jin owns land between Hassan's land and the river. Hassan buys several pigs, chickens and other farm animals. Those animals create a significant amount of waste that Hassan washes into the stream that runs from his property to the river. This waste pollutes the water on Jin's land. As a result, Jin's garden dies and Jin is afraid to drink any water from his well. If Jin wants to stop Hassan from washing this animal waste into the stream, Jin could sue for:
a. nuisance.
b. violations of RCRA.
c. violations of the Clean Air Act.
d. violations of CERCLA.

William runs a company that hauls toxic chemicals between factories. William is in compliance with all safety and environmental laws, but one tanker truck is in an accident and spills chemicals into a creek, which requires costly cleaning. William:
a. is liable only if he acted negligently.
b. is strictly liable for all harms.
c. is not liable because the driver should have taken extra care in such a situation.
d. is not liable if he acted with due diligence to see that no one was hurt.

Carson runs a large factory that produces air and water pollutants as it manufactures consumer goods. The government agency with which Carson will likely interact most often with regard to the pollutants is:
a. the Army Corps of Engineers.
b. the Food and Drug Administration (FDA).
c. the Environmental Protection Agency (EPA).
d. the Department of Defense.

Sinto Investments is in the process of developing a 300-mile toll road that will run through federal land. Sinto will likely need:
a. a CERCLA certificate.
b. a national environmental policy act waiver.
c. a Clean Air Act authorization.
d. an environmental impact statement.

Windell Manufacturing has a pipe foundry as well as a fleet of trucks that are used to transport the manufactured pipe to customers across the United States. The EPA has the authority to regulate air pollution arising from:
a. the factory but not the truck fleet.
b. the truck fleet but not the factory.
c. neither the truck fleet nor the factory.
d. both the factory and the truck fleet

Adrian runs a dry cleaning business, which is considered a major polluter. He complies with all Clean Air Act regulations that relate to his activities. After thirty years in the same location, Adrian opens a new store under the same name across town. Adrian's new location will be:
a. held to the same environmental standards as the first one because they both have the same owner.
b. held to the lower environmental standards that are now in place.
c. required to emit no pollutants of any kind under current environmental regulations.
d. held to the higher environmental standards that are now in place, even if that results in a discrepancy in the way the two dry cleaning stores are run.

Dan runs a factory that generates air pollution. He knows that there is a fine of up to $25,000 per day for violations, but for every day he exceeds the pollution limit he makes $60,000. Dan decides it is worth it to violate the limits in order to make $35,000 per day. Dan:
a. will not be able to keep any of his benefit from the violation.
b. will have to pay the $25,000 per day plus an additional $5,000 for other violations.
c. has made a good choice to maximize his income.
d. will have to close down his business due to excessive violations.

Margie runs a manufacturing process that generates a lot of heat. In order to reduce her heat problem, Margie takes water from the river adjacent to her factory and uses the cold river water to cool down the processes. She then puts the warmer water back in to the river where it is moderated by the cold water still in the river. Margie's actions:
a. are not regulated by any environmental law or agency.
b. are not regulated by federal law but may be regulated by state law.
c. do not generate any pollution.
d. are regulated by the Clean Water Act.

Production, Inc., owns a manufacturing plant that generates some water pollution for which it has a permit. It intends to build a new plant that also will generate water pollution and for which it intends to get a permit. The pollution reduction technology that must be used at the old plant and at the new plant is:
a. the best available control technology (BACT) at the old plant and the best practical control technology (BPCT) at the new plant.
b. the best practical control technology (BPCT) at the old plant and the best available control technology (BACT) at the new plant.
c. the best available control technology (BACT) at both plants.
d. the best practical control technology (BPCT) at both plants.

McMann Solutions, Inc., knowingly violates the Clean Water Act by discharging hazardous pollutants into a nearby river. McMann Solutions is subject to:
a. neither a fine nor imprisonment.
b. only imprisonment of the corporate officers for violating the Clean Water Act.
c. fines but no criminal charges or imprisonment because a corporation cannot be imprisoned.
d. fines and imprisonment of the corporate officers.

Bay City Water Commission sends its customers an annual printout of information regarding the drinking water it supplies. This information is provided as:
a. required by law because it chemically treats some of its water.
b. required by law because its main source of water is a nearby navigable water.
c. required by law because Bay City is a water supplier.
d. a courtesy to customers.

Waste Disposal, Inc., collects biological hospital waste and has designed a method of hermetically sealing that waste in water-tight barrels. It wants to bury it in the ocean thousands of miles offshore. Waste Disposal:
a. may dispose of this waste if more than two thousand miles from the U.S. coastline.
b. may not engage in this business under any circumstances.
c. must obtain a permit.
d. may only dispose of this waste in the ocean if the EPA certifies that the containers are appropriately sealed to avoid contamination for at least 100 years.

Farm and Ranch Supply Co. discovers a cache of an unknown herbicide in a back corner of its warehouse. Farm and Ranch repackages the product, relabeling it as "Farmer's Friend," and states on the label and in advertisements that it is a new product, "guaranteed to kill blackberries." Farm and Ranch has:
a. violated the CERCLA and is subject to civil and criminal penalties.
b. violated the RCRA and is subject to civil and criminal penalties.
c. not violated any law.
d. violated the FIFRA and is subject to civil and criminal penalties.

Bernie's leather tanning company generates a significant amount of hazardous waste in the form of chemicals used to tan the hides of animals into leather. In order to properly dispose of this chemical waste, Bernie must transport the waste to a hazardous waste dump in the next county. In order to comply with RCRA, he must:
a. reduce the amount of waste he generates by 50% every three years.
b. properly label and package the material before transport to ensure proper care is taken by all parties along the way.
c. transport the waste on a daily basis so it is not at risk of a spill on his property.
d. transport the waste no more than one time every six months to reduce the risk of a spill on the highway.

Tiger Stripe owns and operates gasoline filling stations. Patrick's Trucking delivers fuel to Tiger Stripe's storage facility on a regular basis. On one occasion, Patrick fails to pay proper attention to his truck when he is unloading fuel into Tiger Stripe storage tanks, and one thousand gallons of fuel spills onto the ground. Soon after the spill, Tiger Stripe sells the storage facility to Roy's Fueling Stations. The EPA determines that cleanup of the site is warranted. Which of the following is true?
a. Under CERCLA, Tiger Stripe and Patrick are potentially responsible parties.
b. Under CERCLA, Tiger Stripe, Patrick, and Roy's are all potentially responsible parties.
c. Under FIFRA, Tiger Stripe, Patrick, and Roy's are all potentially responsible parties.
d. Under FIFRA, Tiger Stripe and Patrick are potentially responsible parties.

Moonbay is a home-building corporation that primarily develops retirement communities. Farmtex owns a number of feedlots in Sunny Valley and is the primary employer in the area. Moonbay purchased twenty thousand acres of farmland slightly downhill and downwind from Farmtex's lot and began building and selling homes on this acreage. Farmtex continued to expand its feedlot business, and eventually only 500 feet separated the two operations. Because of the odor and flies, in addition to the runoff of feces and other animal byproducts from Farmtex's lot, Moonbay found it difficult to sell the homes in its development. Moonbay wants to enjoin, or prevent, Farmtex from operating its feedlot in the vicinity of the retirement home development. Under what common law theory would Moonbay file this action?
1. Farmtex owns a ______________ , and Moonbay owns a _________________ .

2. Moonbay is alleging that Farmtex's actions are _________________ interfering with Moonbay's ability to use its property.

3. In evaluating common law actions, Moonbay may sue under the doctrine of _____________ , ______________ , or the theory of _______________ liability.

4. To win under the doctrine of ______________ , Moonbay would have to show that Farmtex's use of its land _________________ interferes with Moonbay's legal use of its land.

5. Moonbay likely must be prepared to address how the actions of Farmtex affect Moonbay differently than the general public, creating a ______________ .

6. Moonbay may be able to show this by demonstrating that Moonbay _______________ the only landowner downstream and downwind from Farmtex and that Farmtex developed its lots ______________ Moonbay's property.

7. If Moonbay can make this showing, then the court will _______________ the harm caused by Farmtex against the cost of stopping the pollution.

8. In doing this analysis, one factor that the court will consider is that _______________ is the major employer in the region.

9. If the harm to Moonbay outweighs the costs to reduce the pollution, then a court ______________ issue an order for Farmtex to reduce or eliminate the pollution.

10. If Moonbay cannot show a distinct harm, then a public authority may sue to stop the pollution as a __________________ .

11. If Moonbay cannot sue on the prior theory, it could sue under the tort theory of _________________ , showing that Farmtex caused foreseeable harm to Moonbay caused by lack of ____________ care.

12. Evidence in favor of Moonbay could be that Farmtex ______________ proper pollution controls.

13. The other tort theory of ______________ applies to ultra-hazardous activities.

14. It _____________ likely that a court would find that running a feedlot is an ultrahazardous activity.

15. Given the facts that you have in this case, it is possible that Moonbay could win against Farmtex on theories of _____________ or ___________.

Assume that the feedlot is in an area that has developed as a residential and commercial area. The feedlot is surrounded by homes, apartment buildings, and commercial buildings where consumer businesses are run. Most of the citizens of the area work for these neighborhood businesses. The neighborhood association, elected by homeowners and business owners to manage the property and enforce the organization's rules, would like to shut down the feedlot and have a developer create more housing and commercial developments. How can the neighborhood association do this using common law actions?
1. The feedlot in this situation is impacting ___________________ .

2. Because of this, the approach most likely to succeed for the neighborhood association is the common law action of ____________________.

3. The neighborhood association ___________ a public authority and so ___________ have to find a government agency to support them and bring the suit.

4. In this type of suit, a court would __________ the harm to the community against the costs of stopping it.

5. The feedlot _________ the major employer in the region.

6. If the feedlot _______ interferes with the use of the land in the neighborhood and the cost of shutting it down _______ too great, the court _______ enjoin the feedlot from polluting.

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. administrative law.
b. constitutional law.
c. statutory law.
d. a Restatement of the Law.

The Illinois state legislature passes a law raising the speed limit on certain state roads. This law becomes part of a body of law known as:
a. case law.
b. statutory law.
c. administrative law.
d. uniform law.

The National Conference of Commissioners on Uniform State Laws (NCCUSL) passes a new uniform act related to texting while driving. This uniform act:
a. becomes the law in every state that adopts the uniform act through legislative action.
b. automatically becomes the law in every state.
c. becomes the law in every state that has joined the NCCUSL.
d. becomes a part of the United States Code, and is therefore the law of the land in every state and territory of the United States.

Richard is a state appeals court judge. In making judicial decisions, Richard issues rulings which are consistent with precedents established in similar cases within his jurisdiction. Richard is following the principle of:
a. constitutional constructionism.
b. laches.
c. courts of equity.
d. stare decisis.

All of the cases which have been decided by U.S. judges, as well as by English judges prior to the American Revolution, constitute a body of law known as:
a. the statutory law.
b. the common law.
c. the civil law.
d. the law of equity.

Sarah prevails in her lawsuit against Carl for injuries she sustained in a car accident. As a result, Sarah is entitled to a remedy. In the U.S. legal system, Sarah's remedy will most likely be in the form of:
a. rescission.
b. specific performance.
c. damages.
d. injunction.

A case on the subject of free speech on the Internet comes before a Wisconsin state trial court. It is a case of first impression, which means that no case involving the same issue has been decided by the Wisconsin courts. In deciding such a case, it would be considered the least proper for the judge to consider:
a. public policy.
b. cases from other jurisdictions.
c. survey data from the local community.
d. social values and customs.

Tyler believes that some laws passed by his state's legislature are improper, and he refuses to comply with them. He believes that there is a universal law above all others that grants rights to all people. Which school of jurisprudential thought does Tyler subscribe to?
a. The positivist school
b. The historical school
c. The school of legal realism
d. The natural law school

Elaine is involved in a car accident in which the other driver ran a red light. To determine whether she has a case, her attorney would apply which of the following classifications of law?
a. Substantive law
b. Administrative law
c. Procedural law
d. Cyberlaw

Cyberlaw consists of:
a. traditional legal principles that have changed because of technology.
b. only federal statutes.
c. only state statutes.
d. laws that are written on computers, smartphones, tablets or other technology.

Most appellate court judges write opinions in which they give the reasons for their decisions. These opinions are collected and published in volumes of books known as:
a. the United States Code.
b. reporters.
c. case citations.
d. law journals.

Monroe is reviewing an appellate case for class and must correctly identify the parties to the case. The party appealing the case is known as the:
a. appellee.
b. defendant.
c. appellant.
d. respondent.

The city of Flagstaff passes legislation to make it illegal to carry an open container of alcohol on any city street at any time. This legislation is called:
a. a citation.
b. a uniform law.
c. an administrative rule.
d. an ordinance.