BULE 303 Test 1 QUESTIONS WITH 100% SCORED A+ SOLUTIONS
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Course
BULE 303
Institution
BULE 303
Garrett was a commercial tour boat operator on the northern coast of Kauai, Hawaii. He
was licensed by the state of Hawaii to operate his boat in Hanalei Bay. The U.S.
Department of Transportation and the U.S. Coast Guard also granted Garrett an
unrestricted license to operate his boats in Hanal...
Garrett was a commercial tour boat operator on the northern coast of Kauai, Hawaii. He
was licensed by the state of Hawaii to operate his boat in Hanalei Bay. The U.S.
Department of Transportation and the U.S. Coast Guard also granted Garrett an
unrestricted license to operate his boats in Hanalei Bay. Hawaii subsequently passed a
law that banned all commercial use of Hanalei Bay. The state refused to renew Garrett's
state license and ruled that he was not allowed to operate his vessel based on his
federal licenses. Garrett sued the state, alleging that the state law that prohibited him
from operating his boat conflicted with the federal law that authorized him to do so. The
court probably found that the state law was - ✔️✔️unconstitutional under the
supremacy clause
The Securities and Exchange Commission (SEC) charges the Able Baker Co. (ABC)
with violating an administrative rule regarding the sale of securities. ABC did not realize
that in its search for capital it became subject to securities regulation. ABC may attempt
to settle the case rather than proceed to litigation, because - ✔️✔️a settlement is less
costly than litigation
AT&T wants to obtain additional rights to operate within the 700 MHz spectrum in the
U.S. The Federal Communications Commission (FCC) has rules and regulations that
govern wireless spectrum auction. The FCC is - ✔️✔️an administrative agency
Theo is injured at work and files a workers' compensation claim, which is administered
by the workers' compensation agency in his state. His employer disputes the extent of
Theo's injuries. The case is heard by an administrative law judge (ALJ), who decides
the case in the employer's favor. Theo's attorney tells him that his case cannot be
appealed to a court - ✔️✔️he has not first appealed the case to the workers'
compensation board that heads the state agency
William wants to obtain information from the Securities and Exchange Commission
regarding the number of active cases related to insider trading. To request this
information, he would need to fill which of the following with the SEC: - ✔️✔️Freedom
of Information Act request
BP violated the Clean Air Act by discharging pollutants from one of its refineries and
was unable to reach a settlement with the EPA regarding a violation of the law. The
EPA plans to go forward with a trial on this matter which will be heard by - ✔️✔️an
administrative law judge
, Congress passed the Securities Exchange Act of 1934, which created the Securities
Exchange Commission. This legislation, which created an independent regulatory
agency, is known as - ✔️✔️enabling legislation
UsAgainstThem, a nonprofit environmental group, is contesting the EPA's interpretation
of a rule that has allowed a refinery to offset an increase in emissions relating to one
part of the refinery by reducing emissions in another part of the refinery. In challenging
the EPA's interpretation, a court will likely - ✔️✔️defer to the agency's interpretation
The EPA passes a proposed a rule change to the Clean Air Act related to the discharge
of emissions by factories. The EPA's action would be considered arbitrary and
capricious for all of the following reasons except: - ✔️✔️it failed to provide the required
time for notice and comment
The Environmental Protection Agency conducts meetings to discuss the possibility of
creating additional regulations within the next five years. Under the Government in the
Sunshine Act, the meetings - ✔️✔️may be closed to the public
The Food and Drug Administration (FDA) is investigating a report that Cherise
Cosmetics Co. is in violation of purity and testing regulations. The FDA wants Yasmin,
the lead chemist for the company, to testify at an administrative hearing. Yasmin
refuses, so the FDA - ✔️✔️issues an ordinary subpoena
A state legislature passes a statute prohibiting businesses from supporting any political
candidate. If some business owners challenge the constitutionality of the law in court,
will the law be upheld? - ✔️✔️No, because the law is an unconstitutional restriction on
free speech
Congress passes a law prohibiting cigars made in Cuba from being sold in the United
States. The Florida state legislature then passes a law allowing the sale of Cuban cigars
in Florida. If the constitutionality of the Florida law is challenged in court, it will most
likely be - ✔️✔️struck down on the basis of the supremacy clause
The Iowa legislature passed a law banning trucks 65 feet long or longer from operating
on its roads and highways because big trucks do more damage to roads than smaller
trucks and are involved in more serious accidents. Consolidated Freightways (CF)
drove big trucks through Iowa on a regular basis, and these trucks were legal in other
states. Switching to smaller trucks for trips through Iowa was inconvenient and costly.
CF filed a lawsuit contending that the statute was unconstitutional. The court most likely
found that the Iowa statute was - ✔️✔️unconstitutional under the "dormant" commerce
clause
The FBI has an open criminal investigation regarding potential terrorist activities in the
U.S. The agency wants to gain access to personal information through Internet activities
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