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LSTD 2106 Final Exam Question and answers already passed

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LSTD 2106 Final Exam Question and answers already passed With regard to the president's power over appointments in independent agencies that report directly to the president, the president has the power to - correct answer remove principal officers of agencies at any time with or without caus...

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  • November 23, 2024
  • 23
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • LSTD 2106
  • LSTD 2106
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LSTD 2106 Final Exam Question and
answers already passed
With regard to the president's power over appointments in independent
agencies that report directly to the president, the president has the power to -
correct answer ✔remove principal officers of agencies at any time with or
without cause and without congressional approval.


What is the last step in the agency rulemaking process? - correct answer
✔Revision or final publication


With regard to the relationship between courts and administrative agencies,
the U.S. Supreme Court has consistently held that the courts - correct answer
✔should defer to administrative agencies and not substitute their judgment for
that of an agency.


Murder is the killing of a human being with malice aforethought. Malice
aforethought is the premeditation and planning of the crime. Malice
aforethought shows that one considered the consequence of the action and
knowingly committed the crime. The malice aforethought would be the
__________________. - correct answer ✔Mens Rea


A grand jury will issue a[n] ________ if its investigation indicates that a
defendant should be held over for trial. - correct answer ✔indictment


Theophilus sued the Department of Train Punctuality (DTP) for alleged failure
to enforce their own regulations, which resulted in thousands of dollars of
losses to his business. Which of the following would this action be known as?
- correct answer ✔citizen suit

,The amendment that requires probable cause to conduct searches and
seizures is the - correct answer ✔Fourth Amendment.


What function is Horatio, an administrative court judge in a federal agency,
fulfilling when he decides whether a corporation violated a rule of his agency?
- correct answer ✔adjudication


Which of the following would not be a possible obstuction of justice charge? -
correct answer ✔A defendant takes the 5th Amendment when questioned by
investigators.


In which of the following occasions would formal rulemaking be used by a
federal agency? - correct answer ✔When Congress has specifically
indicated in the enabling statute that agency rules must be made on the
record after a hearing.


In U.S. v. DeCoster, the defendants' company suffered from an extremely
serious salmonella contamination that affected up to 56,000 victums. Peter
and Jack DeCoster, defended, saying they had adopted all of the
recommendations and precautions but it failed to eradicate salmonella,
therefore they were not culpable. Which of the following was the result? -
correct answer ✔The DeCosters were found guilty because they knew or
should have known of the risk presented to the public.


Janet was tried and convicted of reckless driving. The sentence will be
imposed - correct answer ✔based on the discretion of the judge, subject to
sentencing guidelines.


All of the following are primary functions of federal agencies except - correct
answer ✔constitution-interpreting.

, Felonies generally are punishable by - correct answer ✔twelve months or
more of incarceration.


If the U.S. Congress desires to establish an administrative agency, the correct
method is for Congress to - correct answer ✔pass an enabling statute.


Thomas is a private citizen who wants to review the records of the SEC, a
federal agency. Which of the following federal laws might support his right to
this access? - correct answer ✔The Freedom of Information Act


An ex post facto law is - correct answer ✔a law that criminalizes an act that
occurred before the law was enacted.


Dixon is on trial for embezzlement, a crime. For her to be proven guilty, her
guilt must be proved - correct answer ✔beyond a reasonable doubt.


Which of the following statements is true? - correct answer ✔There are no
federal common law crimes.


Administrative agencies are granted each of the following broad powers by
Congress except - correct answer ✔reconciliation.


The Federal Agency of Automotive Repairs (FAAP) revised a rule that had
been originally proposed but not yet published as final. Under these
circumstances, what is the legal obligation that the FAAP has to provide in
terms of additional comment periods? - correct answer ✔The FAAP has no
obligation to provide an additional comment period.


LaStarla was competing in a beauty pageant and was offended when Tracee,
a fellow competitor, told her that she looked like a blimp in her evening gown.

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