Exam 2 Flashcards
Before administrative agencies’ rules become law, must there be congressional approval?
No
Is an administrative agency either a legislative or a judicial body?
Neither, which makes it executive instead
Can administrative agencies exist at any level of government?
Yes, all levels (Federal, State, Local)
Do administrative agencies serve as courts for hearings on rule violations?
Yes
Is the freedom of information act a part of the administrative procedures act?
FOIA was originally part of the APA, it was later separated and enacted as a separate statute
Describe administrative agencies and the primary purpose for which they are created?
Created to implement and enforce laws, particularly those needing specialized knowledge and technical expertise
What are enabling acts and what are their products?
Establish administrative agencies and their authorities
What specific element of law is included in the administrative procedures act?
The Freedom of Information Act
Who typically makes a request known as a FOIA request?
A citizen for agency information
The government in the sunshine act can be described to have what intent?
To require open meetings under law
The U.S. system of law is based primarily on what type of legal influences?
Constitutional law, common law including case law, statutory law, treaties, and administrative regulations
Do U.S. courts have any level of jurisdiction over foreign businesses with operations inside the United States?
Complete level within US under federal laws
The U.S. sanctions against trade with Iran are an example of what type of trade sanction?
Embargo on dealings with the country by the United States
Did the European Union modify any tariffs affecting or protecting its membership?
Yes, eliminated tariff protections for its members in 1992
What “Doctrine” confirms the independence of sovereign nations and their courts?
Act of State Doctrine
What happens to U.S. businesses that break laws while operating in foreign countries?
Are subject to full prosecution, fines, and imprisonment
What action can set limits on removal of profits from a country?
Repatriation limits the removal of profits from a country
In international affairs, expropriation involves what behavior by the host sovereign state?
Taking of private property by a host nation
How can U.S. antitrust laws affect international businesses?
Do not apply to international businesses
The Export Trading Company Act of 1982 allows what anti-trust behavior?
Permits US business firms to act in combination is international business activity
Who can be charged with the criminal act of embezzlement?
An employee of a firm
Is the act of intra-business crime between or inside a business entity?
Inside a business entity
What does the term Mens rea involve in the effort to establish a crime has been committed?
Criminal Intent
Under the RICO statutes, can business owners be criminally liable for violations even if they are not directly running the business?
Yes, as long as they are associated with or employed by an enterprise that is engaged in a pattern of racketeering activity
What is the meaning of a person saying that they are “Taking the Fifth” mean?
Exercising an individual’s right to remain silent
What type of actions are not exceptions to the Fourth Amendment search warrant requirement?
An inspection of a factory by a government organization for safety violations
When is the failure to give the Miranda warnings not a problem for police to continue the case?
When the defendant in question is not in custody
At what stage of legal processes may a defendant present evidence?
Trial
The Money Laundering Control Act addresses what type of criminal actions?
Prohibits concealing the source of funds or disguising the source of funds by a financial institution
The USA Patriot Act had what effect on the Money Laundering Control Act?
Expanded and strengthened the Money Laundering Control Act (MLCA) by incorporating provisions to combat international money laundering and the financing of terrorism
Is the crime of slander an oral defamation or a written defamation?
Slander = Oral Defamation
Libel = Written Defamation
Is a false statement that impeaches someone’s honesty considered a defamatory action?
Yes
Are the members of congress covered by absolute privilege for their speech while on the floor?
Only while speaking on the floor of their house of congress
Is the shopkeeper’s privilege to “reasonable detention” in a case of shoplifting or theft considered a defense against a false imprisonment charge?
Yes
Do all states provide some form of immunity for people who stop and help but make mistakes in offering their assistance?
Yes
What is the minimum number of people who must have heard or read a statement for there to be “publication” for purposes of defamation?
1
Would a true statement be or not be classified as libel?
No
What proof is required to establish “contract interference”?
Requires proof of intent to interfere in the contract
Are statements necessary to establish the tort of contract interference?
Statements constitute the tort of contract interference
If a defendant in a defamation suit holds a qualified privilege what is required of the plaintiff?
The plaintiff cannot sue
Must SIPs must be approved by the EPA?
Yes, they are state plans for implementation of air quality standards
Does the Clean Air Act require plants to use the maximum achievable control technology?
Yes
Are the 1970 amendments to the Clean Air Act technology-forcing provisions?
Yes
Are violations of federal environmental laws covered by both civil and criminal penalties?
Yes
What federal acts covering ecological issues, do not permit initial private citizen suits?
Resource Conservation and Recovery Act
What acts involve controls point sources?
Clean Water Act
What parties would be liable for the clean-up costs at an EPA-designated Superfund site?
Current owners, immediate past owner as well as the owner responsible for toxic waste disposal
How was the Rivers and Harbors Act of 1899 used in the pollution battle?
To prevent dumping into water ways
What are SIPs?
State Implementation Plans for setting air quality standards
Environmental impact statements (EIS) must include what parts?
- Summary.
- Purpose and Need.
- Proposed Action and Alternatives.
- Affected Environment.
- Expected Impacts.
- Consultation and Coordination.
- Appendices.
