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BUSI 310 - 2023-03-11T094735
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Beachside City enacts an ordinance that bans the distribution of all printed
materials on city streets. Carl opposes the city's latest "revenue-enhancing"
measure and wants to protest by distributing handbills. In his suit against the city, a
court would likely hold the printed-materials ban to be
an unconstitutional restriction of speech
California enacts a statute to ban advertising in "bad taste." The statute would likely be
held by a court to be
an unconstitutional restriction of speech
Violent Video Games, Inc. markets a variety of shooting, fighting and hunting video
games. A state statue is enacted that requires all video game manufacturers to label
any games with an option to kill something as "excessively violent." A court would likely
hold this regulation to be
an unconstitutional restriction of speech
Julia is a US citizen. She establishes a website that posts threatening messages about
celebrities'. her website is
not protected by the Frist Amendment
Adult Shoppe in Bay City sells a variety of publications, including child
pornography. Bay City enacts an ordinance prohibiting the sale of such materials. This
ordinance is most likely
Constitutional under the First Amendment
Oklahoma enacts a law requiring all businesses in the state to donate 10 percent of
their profits to Protestant churches that provide certain services to persons whose
income is below the poverty level. Price Less Stores files a suit to block the law's
enforcement. The court would likely hold that this law violates
the establishment clause
A Massachusetts state statute imposes a prison term, without a trial, on all street
performers who operate in certain areas. A court would likely review this statute under
the principles of
substantive due process
Jon, a law enforcement official, monitors Kelsey's Internet activities—e-mail and Web
site visits—to gain access to her personal financial data and student information. This
may violate Kelsey's right to
privacy
Like statutory law, administrative law is created by legislatures
false
Independent regulatory agencies include the cabinet departments of the executive
branch
false
By delegating some of its authority to make and implement lases, Congress violates the
US constitution
8/25/23, 10:26 PM
BUSI 310 - 2023-03-11T094735
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false
Administrative agencies cannot make legislative rules, or substantive rules, that are as
legally binding as laws that congress passes
false
An administrative agency can issue an interpretive rule to indicate how the agency
plans to interpret its statutory authority
true
Under the exhaustion doctrine, a party must feel "exhausted" about an administrative
action or regulation to challenge it in court
false
A party can challenge an administrative regulation as so irrational as to be arbitrary and
capricious
True
The period for persons to comment on a proposed administrative rule must be at least
thirty days
true
Unlike those who violate statues, violators of agency rules are not punished
false
Final administrative rules do not have binding legal effect unless the courts late declare
them to be binding
false
Often, an administrative agency itself enforces its rules
true
Frequently, disputes over violations of administrative rules are resolved through informal
adjudication proceedings
true
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