QUESTION 36 Which of the following is TRUE with regards to control of executive Administrative Agencies? O Agencies are not permitted to go directly to Congress for increases in budget, but rather through OMB. O Federal Agencies are not subject to the scrutiny of the Office of Management and Budget. O A business having exhausted all administrative remedies cannot seek judicial review of a final agency decision. O Congress cannot always pass laws repealing regulations that agencies promulgate. QUESTION 37 What is legal is not necessarily ethical and what is ethical is not necessarily legal. O True False QUESTION 38 Which of the following statements pertaining to legal fees is true? O Contingent fee arrangement forces trial lawyers to screen cases as legal fees are only paid if the plaintiff wins the case. O Lawyers generally charge by the hour when the work is relatively routine. Drawing a will or doing a real estate closing are examples of legal work that is often paid a contingent fee. O A contingent fee is one that is paid for courtroom time and for ongoing representation in commercial matters.QUESTION 39 The Constitution prescribes that the president has the veto power over any legislation, but the House and Senate can override a presidential veto with two-thirds vote in each chamber. O True O False QUESTION 40 The clause of the Fifth Amendment ensures that the government does not take private property without just compensation. O self-incriminatin supremacy O equal protection takings QUESTION 41 A holding is the court's complete answer to an issue that is critical to deciding the case and thus gives guidance to the meaning of the case as a precedent for future cases. True O FalseQUESTION 42 describes what rule or principle, if followed regularly, will create the greatest good. O Social Contract Theory O Social Justice O Deontology O Rule utilitarianism QUESTION 43 The United States is similar to industrialized democracies in having a Supreme Court that reserves for itself the exclusive power to interpret what the Constitution means. O True O False QUESTION 44 In Marshall v. Barlow's, Inc., which of the following led the court reach its final decision? O No search warrant is expressly required under OSHA. Warrantless searches are rarely unreasonable. O Employees are prohibited from reporting OSHA violations. O Something observable by the public without a warrant does not apply to the Government inspector.QUESTION 45 2 points Save Answer Identify the correct statement about the Federal-State balance. O Citizens can go to a federal building or courthouse to get a marriage license, ask for a divorce, or probate a will. Federal courts have full jurisdiction over matters that are historically and exclusively within the domain of state law. Article III makes clear that federal courts are courts of unlimited power and jurisdiction. The only kinds of cases federal courts are authorized to deal with have strong federal connections. QUESTION 46 4 points Save Answer Larry Reed, majority leader in the Senate, is attacked in his reelection campaign by a series of ads sponsored by a corporation (Global Defense, Inc.) that does not like his voting record. The corporation is upset that Reed would not write a special provision that would favor Global Defense in a defense appropriations bill. The ads run constantly on television and radio in the weeks immediately preceding election day and contain numerous falsehoods. For example, in order to keep the government running financially, Reed found it necessary to vote for a bill that included a last-minute rider that defunded a small government program for the handicapped, sponsored by someone in the opposing party that wanted to privatize all programs for the handicapped. The ad is largely paid for by Global Defense and depicts a handicapped child being helped by the existing program and large letters saying "Does Larry Reed Just not Care?" The ad proclaims that it is sponsored by Citizens Who Care for a Better Tomorrow. Is this protected speech? Why or why not? Can Reed sue for defamation? Why or why not? For the toolbar, press ALT+F10 (PC) or ALT+FN+F10 (Mac). BIUS Paragraph Arial 10pt EVEALI X Q Q Q 5 X2 X2 IT The - ABC