According to the substantive due process claims

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1. Which of the following is true about fundamental liberties?

a. The Supreme Court is said to have selectively incorporated the Bill of Rights into the takings clause of the Fourteenth Amendment.

b. Only the right against involuntary quartering of soldiers and the right to be indicted by a grand jury have been applicable to the states.

c. The word “liberty” can be defined by a definitive list of rights.

d. The word “liberty” cannot be viewed as a rational continuum protecting arbitrary impositions on humans.

e. The liberty interests are grouped from general right to privacy.

2. The court has created three classifications under the Fourteenth Amendment, and the outcome of any equal protection case can usually be predicted by knowing how the court is likely to classify the case. Which of the following is true?

a. The minimal scrutiny test will be applied to classifications involving racial and ethnic criteria.

b. Under strict scrutiny, government classifications are sometimes upheld.

c. Under minimal scrutiny, classifications based on race are almost never upheld.

d. A government action interfering with a fundamental right will receive strict scrutiny.

e. Under intermediate scrutiny, government actions are always upheld if there is a rational basis for them.

3. The _____ clause of the Fifth Amendment ensures that the government does not take private property without just compensation.

a. supremacy

b. due process

c. Self-Incrimination

d. equal protection

e. takings

4. When Congress uses its power under the commerce clause, it can expressly state that it wishes to have _____.

a. interstate commerce

b. absolute police power

c. exclusive regulatory authority

d. a dormant commerce clause

e. judicial review

5. Which of the following is true about the U.S. Constitution?

a. Article III balances influence in the federal legislature between large states and small states by creating a Senate in which the smaller states as well as the larger states have two votes.

b. Article I makes it clear that the president should be the commander in chief of the armed forces.

c. Article II gives states rather than individuals a clear role in the election process.

d. Article II makes clear that individual rights must be preserved against activities of the federal government.

e. Article I creates the federal judiciary.

6. The power of small states is magnified by the Senate’s _____, which currently requires 60 out of 100 senators to vote to bring a bill to the floor for an up-or-down vote.

a. cloture rule

b. Rule 40

c. main motion

d. quorum call

e. Rule 100

7. In Gonzalez v. Raich, which of the following was an argument made by the majority in the Supreme Court?

a. The commerce clause was contrary to state law.

b. Federal power had been exceeded.

c. The ban was a part of the act to regulate the national marijuana market.

d. California’s law conflicted with the federal Controlled Substances Act.

e. Medical marijuana did not substantially affect interstate commerce.

8. Which of the following is true according to the substantive due process claims?

a. The law ensures that the government does not take private property without just compensation.

b. A law will be voided unless it is narrowly tailored to serve a significant purpose.

c. Legislation on business affairs is not subject to judicial scrutiny.

d. The government cannot take private property without just compensation.

e. The government cannot arbitrarily take the life of a criminal defendant.

9. Which of the following is a part of the Fifth Amendment?

a. The guarantees of the Amendment are available to property owners where state, county, or municipal government uses the power of eminent domain to take public property for private purposes.

b. If a government agency conducts a drug test on its employees, the employees cannot make constitutional arguments as it is a closely regulated sector.

c. In terms of substantive due process, the Amendment prevents the government from arbitrarily taking the life of a criminal defendant.

d. A law can be overturned only if it serves no rational government purpose.

e. The court has read the Fifth Amendment to prohibit only those government searches or seizures that are “unreasonable.”

10. The court’s ruling in Bush v. Gore was purportedly based on the _____.

a. procedural due process

b. preemption clause

c. substantive due process

d. equal protection of the laws

e. separation of the powers

11. Which of the following is true with regard to the control of administrative agencies?

a. Congress cannot always pass laws repealing regulations that agencies promulgate.

b. A business having exhausted all administrative remedies cannot seek judicial review of a final agency decision.

c. Federal agencies are not subject to the fiscal scrutiny of the Office of Management and Budget.

d. Agencies are not permitted to go directly to Congress for increases in budget.

e. The president has a direct leverage over the continuation of administrator’s programs and policies.

12. Which of the following is true in case of inspections?

a. Agents of the Secretary of Labor are allowed to search the work area of any employment facility within OSHA’s jurisdiction but a search warrant is expressly required under the Act to do so.

b. In the case of the Dow Chemical facility being inspected by the EPA, the Supreme Court ruled that the areas photographed by the EPA were open areas and hence subject to the protections of the Fourth Amendment.

c. OSHA does not specify whether inspectors are required to obtain search warrants which are required under the Fourth Amendment in criminal cases.

d. In Marshall v. Barlow’s, Inc., the court held that private individuals cannot refuse police demands to search the premises unless a court has issued a search warrant

e. Where a business is closely regulated, surprise inspections are a norm, and a warrant is required.

13. Which of the following is true about a free market?

a. A true free market would deal with market imperfections.

b. In economic systems, it is unlikely for natural monopolies to occur.

c. The free market in actual terms consists of commerce legally constrained by what is economically desirable and by what is socially desirable as well.

d. The current situation of six major banks that are “too big to fail” is an example of destructive competition.

14. _____ states that anyone wishing to appeal an agency action must wait until the agency has taken final action.

a. The enabling act

b. The exhaustion of administrative remedies

c. The administrative agency

d. Section 706 of the Administrative Procedure Act

e. The Federal Register

15. An individual or a company may challenge agency action where such action is _____:

a. nonarbitrary, rational, or otherwise in accord with the law

b. in accordance with the agency’s scope of authority

c. in accordance with the substantial evidence test

d. in accordance with the U.S. Constitution or the Administrative Procedure Act

e. unwarranted by the facts

16. In Marshall v. Barlow’s, Inc., which of the following led the court reach its final decision?

a. Mr. Barlow refused the inspector admission to the employee area of his business.

b. Warrantless searches are rarely unreasonable.

c. No search warrant is expressly required under the OSHA.

d. Something observable by the public without a warrant does not apply to the Government inspector.

e. Employees are prohibited from reporting OSHA violations.

17. Which of the following is NOT true about federal rulemaking?

a. Agencies are legally required to air debate over proposed rules, though they often do not do so.

b. When engaging in formal rulemaking, agencies must hold an adversary hearing.

c. Agencies can affect future conduct more directly by announcing rules that apply to all who come within the agency’s regulations.

d. Administrative regulations are not legally binding unless they are published.

e. The acts creating most of the federal agencies expressly grant them authority to engage in rulemaking.

18. The _____ governs all agency procedures in both hearings and rulemaking.

a. Code of Federal Regulations

b. delegation doctrine

c. enabling act

d. Administrative Procedure Act

e. Federal Register

19. The _____ establishes an agency’s authority in a particular area of the economy.

a. administrative agencies

b. delegation doctrine

c. Federal Register

d. enabling act

e. Code of Federal Regulations

20. Which of the following is the first federal agency to be created?

a. The National Labor Relations Board

b. The Interstate Commerce Commission

c. The Securities and Exchange Commission

d. The Federal Communications Commission

e. The Federal Trade Commission

Reference no: EM132184942

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