When Congress Delegates Authority To An Administrative Agenc
When Congress Delegates Authority To An Administrative Agency It Can
When Congress delegates authority to an administrative agency, it can leave guidelines for agency action so vague that the agencies can do almost anything they want. True False According to the legal realist school of thought, precedent was more important than moral arguments law is politics, and is thus not neutral wives, children, land, and animals are valued as economic resources the social context of law is critically important there is preeminence of man and his dominance of both nature and women According to deontology, _____. rules are emphasized instead of results lying cannot be universalized as it depends on the preexistence of honesty emphasis is on what is the fair way to distribute goods among a group of people people give up certain rights to government in exchange of security social contracts can be changed by the participants in a community Which of the following statements about subject matter jurisdiction is true?
A state court will have subject matter jurisdiction over any case that is based on state law and where the parties are from the same state. The state court will have subject matter jurisdiction over any case where the amount in controversy is at least $1 million. The state court provides a neutral forum, with an appointed, life-tenured judge and a wider pool of potential jurors. In diversity cases, state law will be used as the basis for a determination of legal rights and responsibilities. If a defendant wants to be in state court and there is diversity, he has to make a motion for removal to the federal court.
The court has created three classifications under the Fourteenth Amendment, and the outcome of any equal protection case can usually be predicted by knowing how the court is likely to classify the case. Which of the following is true? A government action interfering with a fundamental right will receive strict scrutiny. Under intermediate scrutiny, government actions are always upheld if there is a rational basis for them. Under strict scrutiny, government classifications are typically upheld.
The minimal scrutiny test will be applied to classifications involving racial and ethnic criteria. Under the rational basis test, classifications based on race are almost never upheld. In ​Marshall v. Barlow's, Inc.​, which of the following led the court reach its final decision? No search warrant is expressly required under the OSHA.
Mr. Barlow refused the inspector admission to the employee area of his business. Warrantless searches are rarely unreasonable. Employees are prohibited from reporting OSHA violations. Something observable by the public without a warrant does not apply to the Government inspector.
Which of the following holds true in the case of assault and/or battery? A hockey player who hits his opponent with his stick can be prosecuted for the crime of assault. If a man kisses a sleeping woman against her will, he could be prosecuted for the crime of battery, but not assault. If a man throws a rock at his neighbor who dodges it, the man has committed an assault. A and B B and C The Fifth Amendment guarantees criminal defendants the right to have the assistance of defense counsel.
True False Tort law is intended to punish wrong-doers to that the public is protected from negligence and intentionally harmful acts. True False There is a well-established defense to a plaintiff's tort action where the plaintiff has knowingly and voluntarily entered into a hazardous activity, which results in injury. This is known as _____. causation in fact assumption of risk negligence of plaintiff negligence per se res ipsa loquitur Which of following would be considered an example of an enforceable contract? Nancy agrees to buy her 15-year-old neighbor's car for $10,000. George offers to pay Libber $600 for killing his neighbor's tree-too much shade!-and Libber agrees to it.
Tim owes Peter money, but the statute of limitations has run out. Tam owes Peters money, but before the statute of limitations ends, Tom is declared bankrupt. Tom owes Peter money, but Pete has waited too long to collect it and the statute of limitations has run out; however, notwithstanding,Tom promises to repay half the amount. Which of the following is an example of a valid contract according to common law? Bob offers to sell either of his bikes, red or blue, to Sam the coming Monday for $1,000, to which Sam agrees.
On Saturday Bob goes to race dirt bikes on his red bike; due to a minor collision, the red bike's brakes stop working. On Monday, however, he offers the blue bike to Sam, who was out of town for the weekend. Bob offers to sell either of his bikes, red or blue, to Sam the coming Monday, to which Sam agrees. On Monday, Bob sells his blue bike to Sam and asks for $1,500 in return. Bob offers to sell either of his bikes, red or blue, to Sam the coming Monday, to which Sam agrees to pay $1,000 or $1,200 for the blue bike.
On Monday, Bob asks Sam to pay $1,200 for his red bike. Bob offers to sell either of his bikes, red or blue, for $1.000 to Sam the coming Monday, to which Sam agrees. Bob also asks Sam, as part of the deal, not to buy a bike during the weekend. Sam goes out of town for the weekend and buys a bike for $700. Bob asks Sam to pay him $1,000 for his bike on Monday.
Bob offers to sell either of his bikes, red or blue, to Sam for $1,000 the first Monday of the month, to which Sam agrees. On the second Monday of the month, Sam asks Bob to sell both his bikes for $1,000. A promise cannot be made to one person who is not expected to do anything in return. True False A promise to pay a debt discharged by the statute of limitations is unenforceable because the debtor has received no new consideration. True False Jason, 17 and unaware that minors (
After the fight, the manager refuses to give Jason any money. Jason may sue the manager. True False The usage of trade is a _____. pattern of behavior between parties showing how they intend their relationship to work systematic and uniform conduct in which parties engage after they enter into a contract customary way of doing business that may be used to inform the parties' contractual intentions promise to pay a debt which need not be in writing if the promisor was motivated by a desire for advantage or benefit contract term stating that the written agreement contains the parties' full understanding and intent Usage of trade is a pattern of behavior between parties showing how they intend their relationship to work.
True False At common law, any failure by the promisor to perform as contracted is grounds for the promisee to declare a breach. True False Alice Accountant agrees to do Carl Client's federal income tax, state income tax, and gift taxes for the year. Alice fails to do the gift taxes, but she does the others. Client . . . owes Alice nothing as she did not fully perform. owes Allice something for what she did. only owes Alice if he is satisfied with what she did. can declare Alice in "anticipatory breach" and refuse to pay. may, at his discretion, pay Alice or not. Which of the following equitable remedies is a judicial order to the promisor that he undertake the performance to which he obligated himself in a contract?
Foreseeability Restitution Negative covenant Injunction Specific performance The Code displaces all common-law rules with its own rules. True False A clause in a finance lease requiring the lessee to continue to make payments to the lessor even though the equipment leased is unsuitable, defective, or destroyed is called a ____________ clause. unwitting salutary hell or high water flying pigs pie in the sky A _____ has risk of loss and title too passing to the buyer and the buyer bears the risk and expense of returning the goods. shipment contract consignment sale sale-or-return contract sale-on-approval contract destination contract The term "_____" means that the price includes cost and freight to the named destination.
C. & F. C.I.F. Ex-ship F.O.B. No arrival, no sale _____ is an action to recover possession of goods wrongfully held. Replevin Revocation Resell Restitution Mediate In a shipment contract, a seller has the duty of getting the goods to the destination at the buyer's disposal and to provide appropriate documents of delivery.
True False A banker's acceptance is: a debt instrument issued by a bank and that which usually pays interest. a negotiable instrument drawn against deposited funds, to pay a specified amount of money to a specific person upon demand. the acceptance by a drawee of a check or draft. a short-term credit investment created by a non-financial firm and guaranteed by a bank. a written order by one person to pay a sum of money to a third person. The benefit to negotiability is that the holder of the instrument takes free of most of the obligor's possible defenses. True False "For deposit" or "for collections" are effective trust indorsements. True False In the case of Carter & Grimsley v. Omni Trading, Inc., Carter argues that its motion for summary judgment should have been granted because: as a holder in due course, it has the right to recover on the checks from the drawer, Omni. it was a "promise of performance," not yet performed. this retainer was a contract for future legal services. when the attorney-client relationship is created by payment of a fee or retainer, the contract is executory. contract for future legal services should be treated the same as other executory contracts. .
If a person to whom an instrument was negotiated became nothing more than a holder, the law of commercial paper would not be very significant. True False The _____ is the total of all money paid for credit. prime rate floor limit finance charge balloon payment floating rate Which of the following acts ensured that every individual who has need for consumer credit is given full disclosure of the finance charge and the annual percentage rate of interest? Truth in Lending Act Fair Credit and Charge Card Disclosure Act Credit Card Accountability, Responsibility, and Disclosure Act Fair Credit Reporting Act Consumer Leasing Act A lien is security obtained through operation of law. True False The deed of trust requires only two parties: the borrower and the lender.
True False Debtors should be careful: they may by a mere promise reaffirm a debt discharged in bankruptcy. True False Bankruptcy law, including allowable exemptions, is uniform throughout the U.S. True False A steamroller is an example of intangible property. True False In general, the United States grants a patent right to the first person to file for a patent on a product or process rather than to the first person to invent that product or process. True False List the exceptions to the Freedom of Information Act (FOIA). What factors led to noted American ethicist Michael Josephson's core value analysis? What are the core values identified by Josephson? Explain in brief the various dimensions of tort. In what ways can tortuous interference be established? Eminent Domain