Law

Q: The cable operators in North Bedford agreed to divide the market among themselves, with each operator assigned a specific region in the city. Discuss the relevance of this agreement with reference to the Sherman Act.

Q: What is the Noerr-Pennington doctrine?

Q: Differentiate between horizontal and vertical price-fixing.

Q: Explain the provision of triple-damage in section 4 of the Clayton Act.

Q: "There is a significant relationship between the criminal antitrust prosecution and the civil suit for triple damages." Explain.

Q: Name some of the businesses and activities that are exempt from the Sherman Act.

Q: What is per se illegality and how is it applied?

Q: Can the existence of a monopoly be lawful? Explain why or why not.

Q: Explain the concept of predatory conduct in trade.

Q: Explain the rule of reason.

Q: "For purposes of the rule of reason, Sherman Act violations may be divided into two categories." Explain.

Q: Regulation is a form of taxation. Explain.

Q: List the criticisms of administrative process relating to procedures.

Q: The Wheeler-Lea amendment of 1938 made unfair or deceptive acts or practices in commerce illegal under: A. the Sherman Act. B. the Noerr-Pennington doctrine. C. the Clayton Act. D. the Robinson-Patman Act. E. the Federal Trade Commission Act.

Q: What led to the enactment of the Sherman Act in 1890?

Q: What is the purpose of the Sherman Act and what does it cover?

Q: Is delegation of a rule made by an administrative agency valid?

Q: Explain the difference between the two doctrines that guide courts in the judicial review of agency adjudications.

Q: What must an agency do for the courts to exercise their function of limited review?

Q: Explain advising as a function of agencies.

Q: Elucidate the responsibilities of a secretary.

Q: According to U.S. Supreme Court, why should broad meaning be given to the concept of standing to sue?

Q: Agencies are created to provide expertise. Explain.

Q: Regulation is often a substitute for competition. Explain with example.

Q: How is imposition of undue burdens dealt with?

Q: How does the commerce clause prohibit discrimination against interstate commerce?

Q: What is apportionment of business tax?

Q: Describe administrative agencies. What are the two types of administrative agencies?

Q: What are the basic functions of administrative agencies?

Q: Police powers have limitations. Explain.

Q: How is the exclusively federal area of government regulation different from the exclusively state area?

Q: How has been the Controlled Substances Act (CSA) interpreted?

Q: How is federal preemption a dual regulation of commerce?

Q: Explain the joint regulation that includes situations in which the federal regulation of a subject matter is not comprehensive enough to preempt the field.

Q: What are irreconcilable conflicts?

Q: To what extent do the federal and state governments have power to regulate foreign commerce?

Q: How broad is the power of Congress over commerce?

Q: Summarize police powers.

Q: What is the Commerce Clause? What are the analyses required under this clause?

Q: Which of the following doctrines applies when a claim is originally filed in the courts? A. The doctrine of estoppel B. the doctrine of exhaustion of remedies C. The doctrine of lapse D. the doctrine of primary jurisdiction E. The doctrine of precedent

Q: Which of the following is an issue of administrative agencies that relates to the people involved? A. The volume of rules adopted by agencies is beyond the ability of the business community to keep up with and comply with. B. The reward system usually does not make a significant distinction between excellent, mediocre, and poor performances. C. The administrative process is overwhelmed with paperwork and with meetings. D. Enforcement of some laws varies over time. E. There is often a lack of enforcement procedures to follow up on actions taken to ensure compliance.

Q: The administrative process being overwhelmed with paperwork and with meetings is an issue of administrative agencies that relates to the _____. A. process followed B. people involved C. input of information D. follow-up investigation E. substantive outcomes

Q: Which of the following issues of administrative agencies relates to the substantive outcome of agencies' rule-making and adjudicating authority? A. It is very difficult to discharge unsatisfactory employees. B. The reward system usually does not make a significant distinction between excellent, mediocre, and poor performances. C. The administrative process is overwhelmed with paperwork and with meetings. D. Enforcement of some laws varies over time. E. There is often a lack of enforcement procedures to follow up on actions taken to ensure compliance.

Q: A(n) _____ is designated as such at the time of nomination by the president and is the presiding officer at agency meetings. A. secretary B. advisory council C. general counsel D. chairperson E. executive director

Q: As the member of an agency, a secretary: A. signs orders and official correspondence. B. is the presiding officer at agency meetings. C. represents the agency in court and often makes the decision to file suit or pursue other remedies. D. supervises usual administrative functions such as accounting, budgeting, and personnel. E. provide for interaction between regulators and those being regulated.

Q: Which of the following members of an agency requires Senate approval while being appointed? A. Secretary B. Advisory council C. General counsel D. Chairperson E. Executive director

Q: A(n) _____ has significant impact on policy and is often as powerful as a commissioner or board member. A. secretary B. advisory council C. general counsel D. chairperson E. executive director

Q: Which of the following is true about an advisory council? A. It is more important than the other agency members because of visibility and the power to appoint staff. B. It coordinates the activities of the agency with others involved in the regulatory process. C. It makes the decision to file suit or pursue other remedies. D. It supervises usual administrative functions such as accounting, budgeting, and personnel. E. It is not appointed by the agency, even though it is interested in the agency's mission.

Q: _____ is a court-created rule that limits when courts can review administrative decisions. A. The doctrine of estoppel B. the doctrine of exhaustion of remedies C. The doctrine of lapse D. the doctrine of primary jurisdiction E. The doctrine of precedent

Q: The mere existence of most government programs automatically creates a new agency or expands the functions of an existing one. These agencies are providing _____. A. specificity B. expertise C. protection D. regulation E. services

Q: When agencies exercise their quasi-legislative power by issuing guidelines that have the force and effect of law, they are _____. A. adjudicating B. advising C. rule making D. investigating E. determining

Q: The _____ function involves both fact-finding and applying law to the facts. A. adjudicating B. advising C. rule making D. investigating E. determining

Q: The _____ function of an administrative agency is accomplished by making reports to the president or the Congress. A. adjudicatory B. advisory C. rule making D. investigatory E. determinacy

Q: Which of the following functions allows an agency to gather and compile information concerning the organization and business practices of any corporation or industry engaged in commerce to determine whether there has been a violation of any law? A. adjudicating B. advising C. rule making D. investigating E. determining

Q: Administrative agencies are needed to provide specificity to: A. refer a problem or area to experts for solution and management. B. protect the public, especially from the business community. C. replace competition with regulation. D. develop detailed rules and regulations to carry out a legislative policy. E. provide services, having been arisen out of necessity.

Q: Administrative agencies often provide needed continuity and consistency in the formulation, application, and enforcement of rules and regulations governing business. These agencies are providing _____. A. specificity B. expertise C. protection D. regulation E. services

Q: Business often fails to regulate itself, and the lack of self-regulation is contrary to the public interest. To counterbalance, administrative agencies exist to: A. refer the problem or area to experts for solution and management. B. protect the public, especially from the business community. C. replace competition with regulation. D. develop detailed rules and regulations to carry out the legislative policy. E. provide services, having been arisen out of necessity.

Q: When a firm is given monopoly power, it loses its freedom of contract, and a governmental body is given the power to determine the provisions of its contracts. The government agency is providing _____. A. specificity B. expertise C. protection D. regulation E. services

Q: Which of the following protects the public against unreasonable risks of injury associated with consumer products? A. FCC B. FTC C. CPSC D. EEOC E. FERC

Q: _____ regulates interstate and foreign communications by means of radio, television, wire, cable, and satellite. A. FCC B. FTC C. CPSC D. EEOC E. FERC

Q: Administering laws to prohibit distribution of adulterated, misbranded, or unsafe food and drugs is a function of _____. A. FCC B. FTC C. FRB D. FDA E. FAA

Q: Which of the following is a function of Nuclear Regulatory Commission? A. It protects the public against unreasonable risks of injury associated with consumer products. B. It ensures all workers a safe and healthy work environment. C. It regulates civil aviation to provide safe and efficient use of airspace. D. It administers all laws relating to the environment. E. It promotes dependable, affordable energy through sustained competitive markets.

Q: To prevent multiple taxation of the same property or income of interstate businesses, taxes are _____. A. monopolized B. withheld C. taken D. disallowed E. apportioned

Q: To justify the tax, there must be sufficient contact, connection, tie, or link between the business and the taxing state called the _____. A. chain B. nexus C. cartel D. band E. network

Q: Which of the following types of regulatory authorities issues rules that have an impact of laws? A. Quasi-judicial B. Quasi-executive C. Quasi-legislative D. Quasi-regulatory E. Quasi in rem

Q: In a _____ type of regulatory authority, an agency can make decisions like a court. A. quasi-judicial B. quasi-executive C. quasi-legislative D. quasi-regulatory E. quasi in rem

Q: Which of the following is true about administrative agencies? A. The actual regulatory activity is performed by administrative agencies. B. An agency that issues rules having impact of laws is called quasi-judicial. C. State and local governments do not have agencies. D. A quasi-legislative makes decisions like a court. E. Federal government agencies license and regulate intrastate transportation.

Q: Which of the following is true about the prohibiting discrimination factor of the commerce clause? A. The commerce clause prohibits discrimination against intrastate commerce in favor of interstate commerce. B. Federal government often attempts to aid local business in its competition with interstate business. C. The commerce clause requires that all regulations be the same for local businesses as for businesses engaged in interstate commerce. D. A state may place itself in a position of economic isolation from other states. E. The commerce clause requires that the regulations for foreign trade be same for businesses engaged in local trade.

Q: In no federal law, a state law is unconstitutional if it: A. is in irreconcilable conflict with federal law. B. constitutes any burden on interstate commerce. C. discriminates against intrastate commerce in favor of interstate commerce. D. discriminates against interstate commerce in favor of intrastate commerce. E. is in compromising conflict with the federal law.

Q: Which of the following is true about limitation on state taxation? A. Taxes imposed by federal government are subject to the limitations imposed by the commerce clause. B. Sales or use taxes levied by state and local governments on interstate commerce are exempt from the limitations. C. Taxation distributes the cost of government among those who receive its benefits. D. The limitations do not apply to property tax and income tax. E. Interstate commerce is exempt from state and local taxes.

Q: By express language or by comprehensive regulation, Congress shows that it intends to exercise exclusive control over a particular subject matter. This doctrine of interpreting regulation is known as _____. A. executive privilege B. separation of powers C. nondelegation D. federal preemption E. concurrent powers

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