Need to do it quickly, thanks! (The title is in the attachment) Twenty multiple choice questions
QUESTION 1
Administrative law is created by administrative agencies. When Congress—or a state legislature—enacts legislation, it usually adopts a rather general statute and leaves its implementation to an administrative agency. The agency creates the detailed rules and regulations necessary to carry out the statute. Because of its specialized personnel, an administrative agency has the time, resources, and expertise to make the detailed decisions required for regulation.
An example of this is when Congress passed the Federal Trade Commission Act creating the Federal Trade Commission. (FTC)
What does this Act empower FTC to do?
Create "Rules and regulations" for the purpose of carrying out the Act
Conduct investigations of business practices
Publish findings of its investigations
all of the above
5 points
QUESTION 2
There are two types of administrative agencies: executive agencies and independant regulatory agencies. Which of these types allow the president to remove an administrator for "just cause", rather than removal by the president at any time?
executive agencies only
independant regulatory agencies only
executive agencies AND independant regulatory agencies
neither executive agencies nor independant regulatory agencies
5 points
QUESTION 3
Rulemaking: The major function of an administrative agency is rulemaking (the formulation of new regulations, or rules). In making these rules, what is the process the agency must follow for any rule to take effect?
Have: 1. A notice of the rule. 2. A comment period. 3. Then issue the final rule.
Have: 1. A notice of the rule. 2. Then issue the final rule.
Have: 1. A comment period. 2. then issue the final rule.
none of the above
5 points
QUESTION 4
Which Act requires the federal government to disclose certain records to any person or entity on written request, even if no reason is given for the request. All federal government agencies must make their records available electronically on the internet and in other electronic formats.
Full Federal In The Sunshine Act
Congressional Stautory By The Rules Act
Freedom Of Information Act
America Do As I Say And Not As I Do Act
5 points
QUESTION 5
Which governement agency was created to carry out the broadly stated goal of preventing unfair and deceptive trade practices, including deceptive advertising.
The Federal Truth Commission
The Federal Fair Advertising Commission
The Ministry of Truth Commission
The Federal Trade Commission
5 points
QUESTION 6
Some retailers systematically advertise merchandise at low prices to get customers into their stores. But when the customers arrive, they find that the merchandise is not in stock. Salespersons then encourage them to purchase more expensive items instead. This practice is called ____________.
Bait and Switch advertising
A good business practice
Effective marketing techniques
all of the above
5 points
QUESTION 7
Generally, deceptive advertising occurs if a reasonable consumer would be misled by the advertising claim. Vague generalities and obvious exaggerations are permissible and are known as _________.
Blustering
Bloviating
Puffery
Posturing
5 points
QUESTION 8
The Affordable Care Act requires insurance carriers to ______________________.
keep young adults (under age twenty-six) on their parents’ health insurance policies, only
no longer deny insurance coverage because of pre-existing conditions, only
keep young adults (under age twenty-six) on their parents’ health insurance policies AND no longer deny insurance coverage because of pre-existing condition
neither keep young adults (under age twenty-six) on their parents’ health insurance policies NOR no longer deny insurance coverage because of pre-existing condition
5 points
QUESTION 9
Congress has passed several statutes to control the impact of human activities on the environment. Most of these statutes are designed to address pollution in the air, water, or land. Some specifically regulate toxic chemicals, including pesticides, herbicides, and hazardous wastes. What federal agency deals with these types of regulations?
The Food and Drug Administration
The Environmental Protection Agency
The Federal Trade Commission
none of the above
5 points
QUESTION 10
Federal involvement with air pollution goes back to the 1950s and 1960s, when Congress authorized funds for air-pollution research and enacted the Clean Air Act. The Clean Air Act provides the basis for issuing regulations to control multistate air pollution. It covers both mobile sources (such as motor vehicles) and stationary sources (such as industrial plants) of pollution. What penalties are there for violations of this act?
A formal "Cease and Desist" letter threating civil penalties and criminal sanctions.
Civil penalties of up to $25 per day. Additional fines of up to $5 per day can be assessed for other violations, such as failure to maintain the required records.
Civil penalties of up to $250 per day. Additional fines of up to $50 per day can be assessed for other violations, such as failure to maintain the required records.
Civil penalties of up to $25,000 per day. Additional fines of up to $5,000 per day can be assessed for other violations, such as failure to maintain the required records.
5 points
QUESTION 11
After the Cuyahoga River caught fire in 1969, what act did Congress create in 1972?
The No Buring Water Act
The Crystal Clear Blue Water Act
The Clean Water Act
The Purified Water Act
5 points
QUESTION 12
Love Canal was a landfill located in Niagara Falls, New York in which toxic chemicals were dumped for many years, then houses were built over the landfill. Many people in these houses became ill due to the toxic sludge buried beneath their homes. What federal program was created to address concerns like this?
The Resource Conservation and Recovery Act (RCRA)
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
The Resource Conservation and Recovery Act (RCRA) AND The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
Neither The Resource Conservation and Recovery Act (RCRA) nor The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
5 points
QUESTION 13
Real property consists of rights involving _______________.
land only
everything on top of land only
land AND everything on top and below the land
neither land nor everthing on top of land everything on
5 points
QUESTION 14
The owner of real property has rights to both the airspace above the land and the soil and minerals underneath it. In regard to airspace rights ___________.
this right is absolute and the owner can prevent ALL intrusions into this airspace. No commercial flights, sattelites, and wildlife, such as birds are allowed to fly over property without the express written approval from the land owner.
flights over private land normally do not violate property rights unless the flights are so low and so frequent that they directly interfere with the owner’s enjoyment and use of the land.
BOTH this right is absolute and the owner can prevent ALL intrusions into this airspace. No commercial flights, sattelites, and wildlife, such as birds are allowed to fly over property without the express written approval from the land owner AND flights over private land normally do not violate property rights unless the flights are so low and so frequent that they directly interfere with the owner’s enjoyment and use of the land.
NEITHER this right is absolute and the owner can prevent ALL intrusions into this airspace. No commercial flights, sattelites, and wildlife, such as birds are allowed to fly over property without the express written approval from the land owner NOR flights over private land normally do not violate property rights unless the flights are so low and so frequent that they directly interfere with the owner’s enjoyment and use of the land.
5 points
QUESTION 15
A fixture is an item affixed to realty, meaning that it is attached to the real property in a permanent way. Fixtures are included in the sale of land unless the sales contract specifies otherwise. If a dispute arose, which of the below would a court most likely condisder a fixture?
Items such as tile floors, cabinets, and carpeting
Custom-made items for installation such as window boxes or window seats
An inground pool
All of the above
5 points
QUESTION 16
Ownership of property is an abstract concept that cannot exist independently of the legal system. No one can possess, or hold, a piece of land, the air above it, the earth below it, and all the water contained on it. One can only possess rights in real property. What is the term for the maximum amount of these rights extended to an owner?
a life estate
a fee simple absolute
an easement
a simple complex reverse absolute fee
5 points
QUESTION 17
Persons who share ownership rights simultaneously in particular property (including real property and personal property) are said to have concurrent ownership. Which type of ownership gives a co-owner the abilitiy to pass that ownership right to his/her heirs upon death?
joint tenancy
tenancy in common
tenany by the entirities
all of the above
5 points
QUESTION 18
Possession and title to land are passed from person to person by means of a deed—the instrument used to transfer real property. Which type of deed contains the greatest number of guarentees and thus provides the most extensive protection against defects of title.
a quit claim deed only
a warranty deed only
both a quit claim deed AND a warranty deed
neither a quit claim deed nor a warranty deed
5 points
QUESTION 19
The laws regulating economic competition in the United States today are referred to as antitrust laws. At the national level, antitrust legislation began when Congress passed the Interstate Commerce Act in 1887, followed by the Sherman Antitrust Act in 1890. In 1914, Congress passed the Clayton Act and the Federal Trade Commission Act. What do these past and current laws hope to accomplish?
To prohibit government regulations on business and let the free market run without governemetn regulations.
To prohibit businesess from working together to take care of the environment and promote social justice.
To prohibit restraints of trade (agreements between or among firms that have the effect of reducing competition in the marketplace).
All of the above.
5 points
QUESTION 20
The Securities Act of 1933 governs initial sales of stock by businesses. The act was designed to prohibit various forms of fraud and to stabilize the securities industry by requiring that investors receive financial and other significant information concerning the securities being offered for public sale. Which of the below is classified as a security and thus controlled by the act?
Preferred and common stocks, bonds, debentures, and stock warrants.
Stock options, puts, and calls, that involve the right to purchase a security or a group of securities on a national security ex-change.
Notes, instruments, or other evidence of indebtedness, including certificates of interest in a profit-sharing agreement, and certificates of deposit.
All of the above.