BESC 367 Exam 1 with All Correct Answers Updated
Which of the following best describes the threshold issue of case or controversy? - Answer-the requirement that a problem must exist
When a corporation is the defendant, where is the venue located? - Answer-the location of corporate headquarters...
Which of the following best describes the threshold issue of case or controversy? -
Answer-the requirement that a problem must exist
When a corporation is the defendant, where is the venue located? - Answer-the location
of corporate headquarters
Which of the following described how a legal venue is chosen - Answer--based on the
residency of the defendant
-based on the location of the property being disputed
-based on the location of the incident
In order to interpret laws, the judicial branch sometimes reviews congressional records
to determine legislative intent during passage of law - Answer-True
Which of the following best described adjudication - Answer-the legal process of
resolving a dispute
Who oversees adjudication in administrative agencies? - Answer-administrative law
judges
The Government in Sunshine Act is the legislation that defines the processes to be
followed during the adjudication process - Answer-False
Which of the following best describes an advantage of the informal model of rule-
making? - Answer-is cost and time efficient by does not rule out biased parties going
unopposed
Which of the following best describes an advantage of the regulated negotiation model
of rule-making? - Answer-is more likely to be acceptable by the involved parties
Which of the following best describes a disadvantage of the formal model of rule-
making? - Answer-The process can be costly
Under what category of law does environmental law belong to? - Answer-administrative
law
How is an administrative agency usually established? - Answer-By the Legislative
Branch, via an enabling statute or executive orders
, Which of the following is a duty that agencies are expected to execute? - Answer-duties
of public interest or moral duties
A narrow interpretation of the commerce clause favors federal power and public interest
- Answer-False
A broad interpretation of the commerce clause favors local power and private interests -
Answer-False
Which delineates the delegation of powers to the "fourth" branch or (Administrative
Agencies) - Answer-Article 1 of U.S. Constitution
What is the primary function of the executive branch - Answer-enforce laws
What is the primary function of the legislative branch - Answer-creates laws
Complete this statement: The 4th Amendment - Answer-protection against
unreasonable search and seizure
Which is true for 5th and 14th Amendments? - Answer-provide for due process and
takings clause
Federal Supremacy is - Answer-Why state agencies or legislatures can impose more
restrictive environmental regulations but not less restrictive than the federal government
Jurisdiction is the power of a court to hear a case and render a decision - Answer-True
Which of the following is the court of original jurisdiction for state courts - Answer-trial
courts
In what order do court cases progress through the federal court system - Answer-district
courts, circuit court of appeals, supreme court
The CFR or Code of Federal Regulations contains - Answer-50 titles
Civil law - Answer-regulates relationships between individuals or between individuals
and corporations
Case law - Answer-law established by outcome of decisions made by judges
Congress consists of - Answer-Senate and House of Representatives
Which publication contains codified executive orders - Answer-CFR
Which publication contains only permanent public laws from acts of Congress and
statues - Answer-US Code
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