BUL-4310 Midterm, CH. 6, Chapter 4 (BLAW 372)

Like statutory law, administrative law is created by legislatures.

Administrative agencies at various levels of government work together and share the responsibility of enforcing particular regulations.

Business has little incentive to try to influence the regulatory environment through lobbying.

Federal administrative agencies can exercise only those powers that a state legislature has delegated to them in enabling legislation.

Legislative rules simply declare policy and do not affect legal rights or obligations.

A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

An administrative rule may be arbitrary and capricious if the agency failed to provide a rational explanation for its decision.

All federal agencies must follow specific procedural requirements when fulfilling their basic functions.

Unlike statutes, administrative regulations do not have a binding effect.

Anyone can submit comments on a proposed administrative rule.

A party can be directly prosecuted for violating an administrative agency's interpretive rule or guidance document.

When the meaning of a statute's language is unclear and an agency interprets it, a court need not follow the interpretation even if it is reasonable.

Few agency rules require considerable compliance reporting from regulated entities.

If a business firm refuses to comply with an agency's request to inspect facilities or business records, the agency must defer to the refusal.

Warrants are required to conduct administrative searches in all highly regulated industries.

Administrative agencies generally have no discretion over the type of hearing procedures that they use.

There are no significant differences between a trial and an administrative hearing.

All federal government agencies must make their records available electronically on the Internet and in other electronic formats.

A federal administrative agency must alert small businesses—through advertising in trade journals, for example—about forthcoming regulations

Federal agencies must consider ways to reduce the economic impact of new regulations on small businesses.

Therapeutic Pharmaceutical Company is subject to regulations issued by the Food and Drug Administration, which is a federal agency. These regulations are part of the body of

State and federal transportation agencies may issue regulations that conflict. When a state regulation conflicts with a federal regulation

Information Security Inc. pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies, the IRS was created by

Persons who favor the creation of a federal biotech agency to regu¬late the production of genetically modified agricultural and animal products should con¬cen¬trate their lobbying ef¬forts on

Congress enables the Environmental Protection Agency to regulate air and water pollution. This congressional act is

Grid Tools & Hardware Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Grid Tools wants a court to review it. First, however, the firm must use all of the potential administrative remedies. This is

The functions of the National Transportation Safety Board, like those of other federal adminis¬trative agencies, include

Maxi Retail Corporation is subject to a decision by the National Labor Relations Board. Maxi Retail appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate Web sites. This process begins with

To notify the public of a proposed rule, the U.S. Office of Labor-Management Standards, like other federal agencies, publishes the proposal in

In reviewing the actions of the U.S. Bureau of Land Management and other federal agencies, the courts

The U.S. Patent and Trademark Office (USPTO) wants to review certain records of Omni App Corporation. The USPTO can legitimately gain access to the records through

Armando is a witness in a contro¬versy involving the U.S. Bureau of Tobacco and Firearms. Armando can be compelled to appear before an adminis¬trative law judge if he is served with

The U.S. Food Safety and Inspection Service conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in

The U.S. Fish and Wildlife Service discovers that Grosse Farm Fisheries, Inc. has violated a federal regulation. If no negotiated settlement can be reached, the agency will most likely

The Occupational Safety and Health Administration (OSHA) discovers that Petro Refinery, Inc., is violating an OSHAS regulation. If this situation is resolved like most such disputes, the outcome will be

Personnel Employment, Inc., has been ordered to appear at a hearing be¬fore an administrative law judge of the Social Security Administration. A significant difference between a trial and an administrative hearing is that

The U.S. Small Business Administration issues a new regulation that will have a significant impact on a substantial number of small businesses. Under the Regulatory Flexibility Act, the agency must do all of the following except

A failure of the U.S. Drug Enforcement Administration to comply with a request under the Freedom of Information Act (FOIA) may be challenged in

Closed meetings of the National Security Agency and other federal administrative agencies are permitted when

In a federal form of government, the national government does not share sovereign power with the states (T/F)

The term police powers encompasses just the enforcement of criminal laws (T/F)

The full faith and credit clause prevents a state from imposing unreasonable burdens on citizens of another, particularly with regard to means of doing business (T/F)

The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power (T/F)

Under the U.S. Constitution, the judicial branch interprets the laws

The states can establish laws and regulations that would interfere with trade and commerce among themselves (T/F)

The breadth of the commerce clause permits the government to legislate only in areas in which Congress has explicitly been granted power (T/F)

Under the supremacy clause, a valid federal statute or regulation will take precedence over a conflicting state or local law or regulation on the same general subject (T/F)

Congress may tax some states and exempt others (T/F)

The Bill of Rights protects individuals, but not business entities, against various types of interference by the government (T/F)

Traditionally, the courts have protected the right to free speech to the fullest extent possible (T/F)

Expression-oral, written, or symbolized by conduct-is not subject to restrictions (T/F)

According to the United States Supreme Court, the First Amendment prevents limits from being placed on independent political expenditures by corporations (T/F)

The First Amendment does not require a complete separation of church and state (T/F)

To obtain a search warrant, law enforcement officers must convince a judge that they have reasonable grounds to believe a search will reveal evidence of a specific illegality. (T/F)

Generally, government inspectors do not have the right to enter business premises without a warrant. (T/F)

Substantive due process limits what the government can do in its legislative and executive capacities (T/F)

A law that prohibits or inhibits only some persons from exercising a fundamental right will be subject to "strict scrutiny" by the courts. (T/F)

Pretexting is the process of obtaining information by false means. (T/F)

State laws protect individuals' privacy rights, often to a significant degree. (T/F)

The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry its expressly designated powers. Under the 10th Amendment, all other powers are expressly reserved to

Savers Mart distributes its merchandise on an interstate basis. Under the commerce clause, Congress has the power to regulate

A statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will balance the burden that it imposes on interstate commerce against

Selena's Fajitas files a suit against the state of Texas, claiming that a Texas state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on

Congress enacts a law prohibiting toys made in Indonesia from being sold in the United States. The Washington state legislature enacts a law allowing the sale of Indonesian-made toys. Washington's law will most likely be

A decision by the federal Environmental Protection Agency (EPA) on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law. In this situation, under the supremacy clause,

Congress enacts the Supplemental Income Tax Act (SITA) to exempt the citizens of New Jersey from federal taxes until their coastal towns are rebuilt from the ravages of a recent hurricane. SITA will most likely be

Rodrick, the CEO of Social Post Host claims that certain actions by the state of Texas infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit

The Long-haul Truckers Association wants the federal government to spend funds to build a new highway. Congress can spend revenues

Mariah creates a t-shirt design that expresses support for Nathan, a presidential candidate, and distributes t-shirts imprinted with the design to her friends. The t-shirts are an example of

Port Harbor City enacts an ordinance that bans the distribution of all printed materials on city streets. Later, Quint protests a new "revenue-enhancing" measure also enacted by the city by distributing handbills. When Quint is charged with violating the printed-materials ban, he files a suit against the city. Most likely, the court will hold that the ban is

Sustainable Products Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is given

Taco Hot Dogs regularly advertises its products. Under the First Amendment, in comparison with noncommercial speech, the protection given these ads is

Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest

Utah enacts a law that restricts certain kinds of advertising to protect consumers from being misled. This law would likely be held by a court to be

Keralyn creates a Web site to post threatening messages about celebrities. The First Amendment protects such speech

Oklahoma enacts a law requiring all businesses in the state to donate 10% of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. Price Mart files a suit to block the law's enforcement. The court would likely hold that this law violates

Coffee Party Group, a political organization, files a claim to challenge a Delaware statute that limits the liberty of all persons to broadcast "annoying" radio commercials. This claim is most likely based on the right to

In an effort to reduce traffic, Bay City enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of

Jon, a law enforcement official, monitors Kelsey's Internet activities—e-mail and Web site visits—to gain access to her personal financial data and student information. This may violate Kelsey's right to