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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

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?

  1. Taking Clause.
  2. Separation of powers.
  3. Forced Repayment.

b. In which situation, may a warrant not be needed?

  1. In a pervasively regulated business.
  2. Warrants are always needed.
  3. None of the above.

c. Which privilege has the Supreme Court expressly rejected?

  1. Fifth amendment
  2. Academic freedom.
  3. None of the above.

e. Which of the below is not a type of preemption?

  1. conflict.
  2. Field.
  3. None of the above.

f. If a federal law provides that state law cannot regulate smoking advertisement, which type of preemption is that?

  1. Express.
  2. Conflict.
  3. Obstacle.

g. Which of the following best describes the intersection of antitrust law and state regulation?

  1. State regulation is generally exempt from antitrust review.
  2. State regulation needs to compost with antitrust law anti-competitive mandate.
  3. None of the above

h. Which of the following can agencies do without legal authority?

  1. Conduct inspections.
  2. Request documents.
  3. None of the above.

i. Which of the following is most likely exempted from FOIA requirement?

  1. Agency sick leave policies.
  2. Redacted case summaries of government academy honor code violations.
  3. A government scientist's research design.

j. Which of the following industries, would a warrantless inspection most likely be held to be violative of 4th amendment principles?

  1. A stone quarry.
  2. A hotel
  3. A coal mine.

k. Professional licenses are generally considered properly under what legal test?

  1. Roth.
  2. Marbury.
  3. Brown.

l. In which profession is drug testing for job applicants likely not allowed?

  1. Customs agent.
  2. IRS criminal agent.
  3. Secretary.

m. 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?

  1. Express.
  2. Conflict
  3. Obstacle.

n. Which is not a requirement for not needing a warrant for a pervasively regulated business?

  1. A substantial government interest.
  2. The scheme provides standards regarding the inspections that provide adequate protections.
  3. None of the above.

o. Which of the following is not a model of ratemaking?

  1. Ex post model
  2. Comprehensive analysis
  3. None of the above.

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