BUS 404 Stern Final Exam Study Guide | Actual Exam Questions | 100% Correct Answers | Verified 2024 Version
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Course
BUS 404
Institution
BUS 404
In the event of an irreconcilable conflict between federal and state law, the Supremacy clause provides
that federal law will preempt state or local law rendering it unconstitutional. (T/F) - True
States cannot regulate insurance as this is solely a federal responsibility. (T/F) - False
Local go...
BUS 404 Stern Final Exam Study Guide | Actual Exam Questions | 100% Correct Answers | Verified 2024 Version In the event of an irreconcilable conflict between federal and state law, the Supremacy clause provides that federal law will preempt state or local law rendering it unconstitutional. (T/F) - ✔✔True States cannot regulate insurance as this is solely a federal responsibility. (T/F) - ✔✔False Local government intervention in business typically involves various licensure requirements. (T/F) - ✔✔True Administrative law principles are generally applicable to the conduct of state and local governments. (T/F) - ✔✔False Agency commissioners are appointed typically for a life term. (T/F) - ✔✔False Administrative agencies act as pseudo governments, performing purely executive, legislative, and judicial roles. (T/F) - ✔✔False Adjudication ordinarily involves standards to be applied to the future conduct of unspecified parties. (T/F) - ✔✔False Congress controls agency budgets and thus can encourage or discourage particular agency action. (T/F) - ✔✔True Federal agency rules and orders cannot be challenged in court. (T/F) - ✔✔False CartMed Inc., an over -the-counter (OTC) drug manufacturer, is directed by the office of National Drug Control Policy (ONDCP) to refrain from manufacturing cough syrups that exceed 22 percent alcohol content for children below the age of ten. This authority of the ONDCP falls under which of the following regulatory categories? A. Control of information B. Control of rates C. Control of standards D. Control of cost - ✔✔C. Control of standards Identify the type of rules that offer an administrative agency's view of the meaning of those statutes for which the agency has administrative responsibility. A. Interpretive rules B. Legislative rules C. Procedural rules D. Substantive rules - ✔✔A. Interpretive rules Which of the following statements is true of executive functions of federal agencies? A. They always offer formal advice in response to requests. B. They are empowered to resolve tax disputes. C. They do not deal with the compliance with laws and regulations. D. They hear workers' compensation claims but cannot resolve them. - ✔✔B. They are empowered to resolve tax disputes. Which of the following is an example of an executive function performed by a federal agency? A. Leasing federal lands B. Enacting procedural rules C. Regulating internal revenue service D. Publishing all federal rules and orders daily - ✔✔A. Leasing federal lands Which of the following statements relates to procedural rules? A. They define rights and duties, such as crimes and punishments, and civil rights and responsibilities. B. They impose new duties on affected parties and have the effect of law. C. They delineate a federal agency's internal operating structure and methods. D. They offer a federal agency's view of the meaning of those statutes for which they agency has administrative responsibility. - ✔✔C. They delineate a federal agency's internal operating structure and methods. Federal Trade Commission rules providing for a cooling -off period of three business days within which the buyer may cancel door -to-door sales contracts are an example of an agency's application of its _____ rules. A. procedural B. interpretive C. legislative D. substantive - ✔✔C. legislative Internal Revenue Service regulations are an example of _____ rules. A. substantive B. interpretive C. legislative D. procedural - ✔✔B. interpretive Which of the following statements is true of rule -making by agencies? A. The agencies create rules that resemble laws but do not have the force of laws. B. The federal government provides an online portal where the public can comment on proposed rules. C. Legislative rules delineate the agency's internal operating structure and methods. D. Procedural rules are policy expressions having the effect of law. - ✔✔B. The federal government provides an online portal where the public can comment on proposed rules. Which of the following statements is true of judicial review of agency rules? A. Review of controversial, high visibility rules issued by agencies is not common. B. Courts can take a broad approach to judicial review of such cases. C. Courts cannot overrul e the agencies' interpretation of a rule. D. Judges readily sustain the judgement of the agency where reasonable. - ✔✔D. Judges readily sustain the judgement of the agency where reasonable. Which of the following statements is true of the Federal Communications Commission's (FCC) indecency rules? A. FCC rules increase the prices of cable TV services that broadcast indecent material. B. FCC rules forbid indecent material on conventional broadc ast services when children are likely to be in the audience. C. FCC rules forbid indecent material on cable networks between 6 pm and 10 am. D. FCC rules apply to subscription services such as programming delivered via satellite. - ✔✔B. FCC rules forbid indecent material on conventional broadcast services when children are likely to be in the audience.
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