Delegate rule-making authority to specialized agency

Assignment Help Business Management

Reference no: EM133936104

Questions

1. Explain why Congress needs to delegate rule-making authority to a specialized agency.

2. What has Congress told the CPSC to do in its enabling act? Is this a clear enough mandate to guide the agency? What could Congress do if the CPSC does something that may be outside of the scope of its powers? What can an affected business do?

3. Why would there be a trial by an administrative agency? Describe the process.

4. Give two examples of a closely regulated industry. Explain why some warrantless searches would be allowed.

5. Why would US courts require that someone seeking judicial review of an agency order first exhaust administrative remedies?

6. Dewey owned a mine in Wisconsin. He refused to allow Department of Labor agents into the mine to conduct warrantless searches to determine whether previously found safety violations had been corrected. The Federal Mine Safety and Health Amendments Act of 1977 authorizes four warrantless inspections per year. Is the provision for warrantless inspections by this agency constitutional?

1. Why is ignorance of the law no excuse? Why shouldn't it be an excuse, when criminal laws can be complicated and sometimes ambiguous?

2. What is fraud? How is it different from dishonesty? Is being dishonest a criminal offense? If so, have you been a criminal already today?

3. Give an example of how someone can intend to commit a crime but fail to commit one.

4. Your employee is drunk on the job and commits the crime of assault and battery on a customer. He claims lack of capacity as an excuse. Should the courts accept this excuse? Why or why not?

5. Kumar was driving his car, smoking marijuana, and had an accident with another vehicle. The other driver was slightly injured. When the officer arrived, she detected a strong odor of marijuana in Kumar's car and a small amount of marijuana in the glove compartment. The other driver expects to bring a civil action against Kumar for her injuries after Kumar's criminal case. What should Kumar plead in the criminal case-careless driving or driving under the influence?

6. Do you think it is useful to have a presumption of innocence in criminal cases? What if there were not a presumption of innocence in criminal cases?

7. Bill is the chief executive of a small computer manufacturing company that desperately needs funds to continue operating. One day a stranger comes to Bill to induce him to take part in a cocaine smuggling deal that would net Bill millions of dollars. Unbeknownst to Bill, the stranger is an undercover policeman. Bill tells the stranger to go away. The stranger persists, and after five months of arguing and cajoling, the stranger wears down Bill's will to resist. Bill agrees to take delivery of the cocaine and hands over a down payment of $10,000 to the undercover agent, who promptly arrests him for conspiracy to violate the narcotics laws. What defenses does Bill have?

Reference no: EM133936104

Questions Cloud

Difference in unilateral mistake-common and mutual mistake : Explain briefly the difference between a unilateral mistake, common mistake and a mutual mistake. Explain any two types of contracts that are illegal by statue.

Identify the iv and the dv in the researchers study : Participants who were instructed to post status updates had lower loneliness scores. Identify the IV and the DV in the researchers' study.

Discuss their feelings might be well-received in a family : Discuss their feelings might be well-received in a family raised in a Western context but may be viewed as inappropriate or disrespectful in a culture.

What can be done to force board to declare higher dividends : A group of shareholders wants your advice as to what can be done to force the board to declare higher dividends.

Delegate rule-making authority to specialized agency : Explain why Congress needs to delegate rule-making authority to a specialized agency. Why is ignorance of the law no excuse?

Which is similar to how the school investigated psychology : Jordan studies consciousness by training himself to objectively report on his own sensations, which is similar to how the school investigated psychology.

Explain which aspects of eriksons psychosocial stagestheory : Which aspects of Erikson's Psychosocial stagestheory depart/divert from Freud's personality theory. Explain how Erikson's Psychosocial stage theory applied.

Distribution of birth control devices illegal : A nineteenth-century Connecticut law made the use, possession, or distribution of birth control devices illegal.

Explain reasoning behind question by highlighting factors : Explain the reasoning behind your question by highlighting key ethical or cultural factors you considered.

User Account

All Pages