question
If the President vetoes a bill and if both the House and Senate repass the bill by a two-thirds margin, the bill:
a. is void.
b. goes back to the President for reconsideration.
c. stays vetoed.
d. becomes law.
a. is void.
b. goes back to the President for reconsideration.
c. stays vetoed.
d. becomes law.
answer
d. becomes law.
question
At what level do administrative agencies exist?
a. The state level.
b. All of these answers.
c. The local level.
d. The federal level.
a. The state level.
b. All of these answers.
c. The local level.
d. The federal level.
answer
a. The state level.
b. All of these answers.
c. The local level.
d. The federal level.
b. All of these answers.
c. The local level.
d. The federal level.
question
The Consumer Product Safety Commission (CPSC) is an independent federal administrative agency. Which statement is correct about the chairperson?
a. The chairperson serves at the whim of the President and can be fired at any time.
b. The chairperson has a lifetime appointment and can never be fired.
c. The chairperson cannot be fired by the President since the CPSC is an independent agency.
d. The chairperson can only be fired by the President for just cause.
a. The chairperson serves at the whim of the President and can be fired at any time.
b. The chairperson has a lifetime appointment and can never be fired.
c. The chairperson cannot be fired by the President since the CPSC is an independent agency.
d. The chairperson can only be fired by the President for just cause.
answer
c. The chairperson cannot be fired by the President since the CPSC is an independent agency.
question
The Civil Rights Act of 1964, a federal statute, forbids discrimination on the basis of national origin in employment. The Equal Employment Opportunity Commission (EEOC) is the administrative agency that oversees the law. The EEOC issued Guidelines on Discrimination because of National Origin. According to one of the guidelines, the EEOC will presume a violation of the law if an employer sets a work requirement that employees must speak only English in the workplace. What kind of rule is this?
a. A bystander rule.
b. An interpretive rule.
c. A federal rule.
d. A stare decisis rule.
a. A bystander rule.
b. An interpretive rule.
c. A federal rule.
d. A stare decisis rule.
answer
b. An interpretive rule.
question
TIPCO Coal Corporation is interested in the inspections that the U.S. Bureau of Mines has conducted over the past year. To secure this information, TIPCO should:
a. issue a subpoena duces tecum.
b. assert the substantial evidence rule.
c. make a de novo request.
d. make a Freedom of Information Act request.
a. issue a subpoena duces tecum.
b. assert the substantial evidence rule.
c. make a de novo request.
d. make a Freedom of Information Act request.
answer
d. make a Freedom of Information Act request.
question
Lalaina wishes to learn what records the IRS has about her. Under the Freedom of Information Act (FOIA):
a. Lalaina can only obtain copies of declassified information.
b. Lalaina cannot obtain any information since the IRS is exempt from the FOIA.
c. Lalaina can only obtain information about the IRS, not records concerning herself.
d. Lalaina is entitled to all information the IRS has about her.
a. Lalaina can only obtain copies of declassified information.
b. Lalaina cannot obtain any information since the IRS is exempt from the FOIA.
c. Lalaina can only obtain information about the IRS, not records concerning herself.
d. Lalaina is entitled to all information the IRS has about her.
answer
d. Lalaina is entitled to all information the IRS has about her.
question
Marcus lifts weights and is very strong. One afternoon he witnesses a car accident in which the driver is trapped inside the car. Generally, Marcus:
a. has a legal duty to try to rescue the driver.
b. has no legal duty to try to rescue the driver.
c. has a legal duty to try to rescue the driver since he probably has the strength and ability to do so.
d. has a legal duty to try to rescue the driver, but only if his efforts will not pose a threat to his own safety.
a. has a legal duty to try to rescue the driver.
b. has no legal duty to try to rescue the driver.
c. has a legal duty to try to rescue the driver since he probably has the strength and ability to do so.
d. has a legal duty to try to rescue the driver, but only if his efforts will not pose a threat to his own safety.
answer
b. has no legal duty to try to rescue the driver.
question
The Federal Trade Commission promulgated Telemarketing Sales Rules regulating the activities of telemarketers. One of the rules prohibits telemarketers from calling a person's residence at any time other than between 8:00 a.m. and 9:00 p.m. This legislative rule has the effect of a:
a. bill.
b. None of these answers.
c. suggestion.
d. statute.
a. bill.
b. None of these answers.
c. suggestion.
d. statute.
answer
d. Statue
question
A congressman introduces 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:
a. the Senate.
b. the voters of the congressman's state for approval.
c. a Conference Committee made up of representatives of both the House and Senate.
d. the full House.
a. the Senate.
b. the voters of the congressman's state for approval.
c. a Conference Committee made up of representatives of both the House and Senate.
d. the full House.
answer
d. the full House.
question
Fupta and Shakesville Productions are each applying for a television license. In deciding which applicant is better qualified, the FCC will hold an initial hearing before:
a. an appellate court.
b. the OSHA.
c. a mediator.
d. an administrative law judge.
a. an appellate court.
b. the OSHA.
c. a mediator.
d. an administrative law judge.
answer
d. an administrative law judge.
question
TIPCO Coal, Inc. mines and ships more than seven million tons of coal annually. TIPCO is comprehensively regulated by the U.S. Bureau of Mines. The U.S. Bureau of Mines may conduct a surprise inspection of one of TIPCO's mines:
a. only if it has a search warrant.
b. without a search warrant to ensure safety.
c. only if it has a subpoena duces tecum.
d. only if it has a subpoena.
a. only if it has a search warrant.
b. without a search warrant to ensure safety.
c. only if it has a subpoena duces tecum.
d. only if it has a subpoena.
answer
b. without a search warrant to ensure safety.
question
Eddie 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?
a. Yes. A court has the jurisdiction to immediately review an agency's alleged unconstitutional action.
b. No. A court of law does not have jurisdiction to review an administrative agency's actions.
c. No. Eddie must first utilize the administrative agency's procedures to review the suspension before he seeks judicial review by a court.
d. Yes. Eddie must specifically allege his constitutional rights have been violated and file a court action in federal court - not a state court.
a. Yes. A court has the jurisdiction to immediately review an agency's alleged unconstitutional action.
b. No. A court of law does not have jurisdiction to review an administrative agency's actions.
c. No. Eddie must first utilize the administrative agency's procedures to review the suspension before he seeks judicial review by a court.
d. Yes. Eddie must specifically allege his constitutional rights have been violated and file a court action in federal court - not a state court.
answer
c. No. Eddie must first utilize the administrative agency's procedures to review the suspension before he seeks judicial review by a court.
question
Which statement is correct concerning judicial review of an administrative agency's action?
a. Courts usually accept the facts of the case as determined by the agency and often defer to the agency's interpretation of the law.
b. Courts ignore the agency's opinion.
c. Courts ignore the facts of the case.
d. Courts conduct interviews in order to review the facts of the case.
a. Courts usually accept the facts of the case as determined by the agency and often defer to the agency's interpretation of the law.
b. Courts ignore the agency's opinion.
c. Courts ignore the facts of the case.
d. Courts conduct interviews in order to review the facts of the case.
answer
a. Courts usually accept the facts of the case as determined by the agency and often defer to the agency's interpretation of the law.
question
The purpose of the Freedom of Information Act (FOIA) is:
a. to give the government access to information concerning citizens, businesses, and organizations.
b. to give citizens, businesses, and organizations access to information that federal agencies are using.
c. to permit searches and seizures of evidence without warrants when it is deemed necessary to ensure safety.
d. to limit the amount of information that the government can collect about its citizens and organizations.
a. to give the government access to information concerning citizens, businesses, and organizations.
b. to give citizens, businesses, and organizations access to information that federal agencies are using.
c. to permit searches and seizures of evidence without warrants when it is deemed necessary to ensure safety.
d. to limit the amount of information that the government can collect about its citizens and organizations.
answer
b. to give citizens, businesses, and organizations access to information that federal agencies are using.
question
The majority of work done by legislative bodies is performed in:
a. clubs.
b. None of these answers.
c. committees.
d. Courts
a. clubs.
b. None of these answers.
c. committees.
d. Courts
answer
c. committees.