CHAPTER 4-CONSTITUTIONAL, STATUTORY, ADMINISTRATIVE, AND COMMON LAW

CHAPTER 4-CONSTITUTIONAL, STATUTORY, ADMINISTRATIVE, AND COMMON LAW

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CHAPTER 4-CONSTITUTIONAL, STATUTORY, ADMINISTRATIVE, AND COMMON LAW TRUE/FALSE 1. While at the park, Tasha saw a small child fall into the lake. Tasha did not know the child. Under the common law of most states, Tasha has a legal duty to take reasonable steps to assist the child if Tasha is able to help and such help will not jeopardize Tasha's well being. 2. The largest source of new law is court decisions. 3. By creating three independent and equal branches of the federal government, the U.S. Constitution limited the federal government’s power. 4. If the President vetoes a bill and if both the House and Senate re-pass the bill by a two-thirds margin, the bill becomes law. 5. The Federal Trade Commission promulgated Telemarketing Sales Rules regulating the activities of telemarketers. One of the rules prohibits telemarketers from calling a person's residence at any time other than between 8:00 a.m. and 9:00 p.m. This legislative rule has the effect of a statute. 6. The Occupational Safety and Health Administration (OSHA) has proposed rules aimed at reducing repetitive-stress injuries. ATC, Inc. disagrees with the proposed rules. ATC, Inc. should challenge the proposed rules in court to prevent them from becoming final rules. 7. The power to create laws regulating international commerce is given to Congress and the states concurrently under the U.S Constitution. 8. Administrative agencies exist at the federal, state, and local levels. 9. Because of the concept of stare decisis , the U. S. Supreme Court, in interpreting a statute in 2009, will necessarily interpret certain statutory language in the same way as the U. S. Supreme Court interpreted the same statutory language in 1971. 10. The Takings Clause in the Constitution of the United States prevents the government from taking property for public use without paying a fair price. 11. The Fourteenth Amendment to the Constitution of the United States is also know as the equal protection Clause 12. The only issue covered in the First Amendment of the Constitution of the United States is free speech. 13. Texas v Johnson dealt with the legality of burning an American flag. 14. Separation of powers allows one of the branches of government to become more powerful over the other two.
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