BLAW 3430 hw/quiz EXAM 1 REVIEW

In cases determining the protection to be afforded commercial speech a _____-part analysis has developed.

Which clause of the U.S. Constitution provides that, within its own sphere, federal law is supreme and that state law must, in case of conflict, yield?

The doctrine aimed at dividing the governing powers between the federal governments and the states is:

If governmental action violates the U.S. Constitution, under judicial review the courts will:

The Contract Clause does NOT preclude a state from

Procedural due process pertains to all but which of the following government actions?

Which one of the following activities is NOT regulated by the federal government?

Which of the following is correct with regard to the powers of state government in the United States?

The First Amendment protects most speech by using a __________ standard.

The executive branch's primary check on both the judicial and legislative branches is the power to:

What is defamation?

In 1990, Congress enacted the Administrative Dispute Resolution Act. This Act does:

Administrative agencies exercise powers that have been allocated by __________ to the three separate branches of government.

___________are those issued by an agency having the ability, under a legislative delegation of power, to make rules having the force and effect of law.

As part of executive function to investigate conduct, administrative agencies may compel the disclosure of information, except under which limitation?

By virtue of their power to __________, U.S. Presidents have significant control over the administrative agencies housed within the __________ branch.

Federal legislation permits administrative agencies to deny access to nine categories of records is the:

Much of federal, state, and local law in this country has been established by administrative agencies, which people label as the __________ because they possess tremendous power.

Administrative law judges are appointed by the agency through a professional merit selection system and may be removed only:

Once __________, administrative rules are applicable to all parties.

The legislature may exercise control of administrative agencies in various ways. Which is NOT a control maintained by the legislative branch?

Under the Government in the Sunshine Act, meetings of many federal agencies are required to be:

Congress has enacted a protection statute to prohibit the unauthorized disclosure of federal agency records pertaining to an individual. This statute is:

In the field of employment discrimination what federal law preempts others in the United States?

Title VII of the Civil Rights Act of 1964 applies to all of the following except:

Liability for __________ is based on proving that the employer's decision was motivated by a protected characteristic or trait used in making an employment decision

The first action generally taken by the Equal Employment Opportunity Commission is:

The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act to:

a. require employers to treat pregnancy as other disabilities are treated.

b. require women disabled by pregnancy to be provided with the same benefits as other disabled workers.

c. protect job reinstatement rights of women returning from maternity leave.

d. All of these are correct

Sexual harassment can be defined as:

The term seniority system is generally understood to mean:

The Age Discrimination in Employment Act forbids discrimination by employers, unions, and employment agencies against persons over 40 years of age, and prohibits discrimination in:

a. hiring.
b. firing.
c. compensating.
d. All of these are correct.

The __________ extends employment protection for disabled persons beyond the federal level to state and local government agencies:

Employers are required to provide a work environment that is "free from recognized hazards that are causing or likely to cause death or serious physical harm to his employees" by":

Once an employee has been employed by a covered employer for at least 12 months and have worked at least 1250 hours during the 12-month period preceding the leave, they are eligible for how many weeks of unpaid leave during any 12 month period?

The Clayton Act makes __________ a crime.

The Sherman Act focuses on not only buying and selling activities but also manufacturing and production in an effort to combat:

To determine whether a firm has engaged in an attempt to monopolize, the courts determine whether the firm has what kind of power?

Section _____ of the Sherman Act provides that contracts, trusts, and conspiracies to restrain trade are illegal.

Section 2 of the Sherman Act prohibits:

It is only when the restraint of trade imposed is __________ that the courts will condemn it as unlawful.

The maximum fine for corporate violation of the Sherman Act is:

For violation of the Sherman Act, the maximum penalty that can be imposed on a natural person is:

Agreements when the seller of a product conditions the agreement upon the buyer's purchasing a second product, service, or intangible from the seller, is called:

If all apple growers in the area agree to set a minimum price for apples, this would be an example of: