Multiple-choice answers for each question. Please answer only one of the three questions. No explanation is required.
Question:
Multiple-choice answers for each question.
Please answer only one of the three questions. No explanation is required.
A. If a federal agency requires disclosure of information that is a trade secret, which information is then required to be disclosed to third parties, which doctrine may provide a remedy?
- Taking Clause.
- Separation of powers.
- Forced Repayment.
B. In which situation, may a warrant not be needed?
- In a pervasively regulated business.
- Warrants are always needed.
- None of the above.
C. Which privilege has the Supreme Court expressly rejected?
- Fifth amendment
- Academic freedom.
- None of the above.
D. Which of the below is not a type of preemption?
- conflict.
- Field.
- None of the above.
E. If a federal law provides that state law cannot regulate smoking advertisement, which type of preemption is that?
- Express.
- Conflict.
- Obstacle.
F. Which of the following best describes the intersection of antitrust law and state regulation?
- State regulation is generally exempt from antitrust review.
- State regulation needs to compost with antitrust law anti-competitive mandate.
- None of the above
G. Which of the following can agencies do without legal authority?
- Conduct inspections.
- Request documents.
- None of the above.
H. Which of the following is most likely exempted from FOIA requirement?
- Agency sick leave policies.
- Redacted case summaries of government academy honor code violations.
- A government scientist's research design.
I. Which of the following industries, would a warrantless inspection most likely be held to be violative of 4th amendment principles?
- A stone quarry.
- A hotel
- A coal mine.
J. Professional licenses are generally considered properly under what legal test?
- Roth.
- Marbury.
- Brown.
K. In which profession is drug testing for job applicants likely not allowed?
- Customs agent.
- IRS criminal agent.
- Secretary.
L. If a federal law requires the phasing-in, over-time, of an automobile safety feature, and a person is injured by a call that does not yet have the safety feature and sues under state negligence law, which type of preemption may occur?
- Express.
- Conflict
- Obstacle.
M. Which is not a requirement for not needing a warrant for a pervasively regulated business?
- A substantial government interest.
- The scheme provides standards regarding the inspections that provide adequate protections.
- None of the above.
N. Which of the following is not a model of ratemaking?
- Ex post model
- Comprehensive analysis
- None of the above.