Staryer LEG 100 Mid Term Exam – II

| August 31, 2016

Question
Course Business Law I

Test Midterm Exam Part 2

Instructions

This exam consist of 25 multiple choice questions and covers the material in Chapters 4 through 6.

• Question 1

Which of the following was the result in Florida v. U.S. Department of Health and Human Services, the case in the text in which the Eleventh Circuit reviewed provisions of the Patient Protection and Affordable Care Act

containing as one of its provisions that Americans or their employers purchase health care insurance?

• Question 2

The President has the power to make treaties

• Question 3

Preemption of state law when it directly conflicts with federal law is known as ______ preemption whereas preemption of state law when Congress has manifested intent to regulate an entire area without state participation is known as ______ preemption.

• Question 4

The general power retained by the states to protect the health, safety, welfare, and morals of state residents is often referred to as ______ power.

• Question 5

Which of the following was the result at the U.S. Supreme Court level in Citizens United v. Federal Election Commissionregarding the constitutionality of the federal law providing that televised electioneering

communications funded by anyone other than a candidate must include a disclaimer setting forth identifying information as to sponsorship?

• Question 6

The President has a type of immunity known as _________, which protects against the forced disclosure of Presidential communications made in the exercise of executive power.

• Question 7

The Bill of Rights consists of which of the following?

• Question 8

What did the U.S. Supreme Court decide regarding whether the Violent Crimes Against Women Act was validly enacted by Congress?

• Question 9

In what year did the U.S. Constitution become effective?

• Question 10

Which of the following is an example of a hallmark of the fiduciary relationship?

• Question 11

An ________ occurs if a principal approves or accepts the benefits of the actions of an otherwise unauthorized agent.

• Question 12

An agency relationship can be created by

• Question 13

Which of the following is not one of the factors the law looks at in distinguishing between employees and independent contractors?

• Question 14

Which of the following is not usually considered an independent contractor?

• Question 15

Under the duty of ____________ an agent has a duty to act solely for the benefit of his or her principal in all matters directly connected with the agency undertaking.

• Question 16

Maureen owns a business that makes kites. Maureen’s agent Bob entered into an agreement with Alice to purchase some land for a new kite factory. Maureen’s agency relationship with Bob was not memorialized by any writing. The day after Bob signs the papers finalizing the sale, Maureen learned of the purchase, was furious with Bob, and said that she wanted out of the deal. Assuming that Bob was legally considered the agent of Maureen in

making the purchase, which of the following is Maureen’s best argument?

• Question 17

An agent may bind the principal due to the agent’s ________ authority.

• Question 18

Federal administrative agencies are normally created by

• Question 19

Statutes and agency rules often provide that courts performing judicial review of agency action may not rule on which of the following issues?

• Question 20

When an administrative agency adopts a regulation, it becomes binding on the

• Question 21

The protection of the ________ Amendment against unreasonable searches and seizures has been largely obliterated by the courts in the area of administrative law.

• Question 22

Rules adopted by a federal agency are published in the

• Question 23

A court will require an agency to comply with its own procedural rules and thus conform to the

• Question 24

Which of the following presides over formal agency adjudications at the federal level?

• Question 25

Which of the following was the result in Baur v. Veneman, the case in the text in which the plaintiff sued complaining about the Secretary of Agriculture’s policy of certain downed cattle to be used for human consumption on the basis that it increased the risk of contracting mad cow disease?

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