solution

>Administrative law integrates four (4) distinct sources of law that operate in conjunction: __________.Multiple Choice

• the U.S. Constitution; enabling statutes; the APA; and the common law

• enabling statutes; trial court decisions; the common law; and principles of equity

• encroachment statutes; enabling statutes; the APA; and trial court decisions

• the United States Constitution; encroachment statutes; the Administrative Procedure Act (APA); and the common law

• > For a conspiracy to occur, both parties must manifest __________.

• criminal recklessness

• criminal negligence, criminal recklessness, or criminal intent

• intent to commit the criminal act

• criminal negligence

>Amanda has been charged with embezzlement. In consultation with her attorney, Amanda has decided not to testify at her criminal trial. Amanda’s right not to testify is guaranteed by the __________ Amendment to the United States Constitution.Multiple Choice

• Seventh

• Fifth

• Fourth

• Sixth

>If the jury finds the defendant not guilty, this results in __________.Multiple Choice

• an acquittal and the defendant can be prosecuted for the same charges again at the prosecutor’s discretion

• a mistrial and the prosecutor decides whether to file charges against the defendant a second time

• a deadlocked jury and the trial court judge decides whether the defendant can be prosecuted for the same charges again

• an acquittal and the defendant cannot be prosecuted for the same charges again

>In terms of intellectual capital, __________ knowledge is recorded and available for the company’s interpretation, application, and reproduction.Multiple Choice

• tacit

• tangible

• savant

• explicit

>The mental element of criminal liability, also called __________, requires that the defendant have a requisite degree of culpability with regard to each element of a given crime.Multiple Choice

• mens rea

• respondeat superior

• actus reus

• res ipsa loquitur

> What type of administrative agency rulemaking is used only when the United States Congress has specifically indicated in an enabling statute that the agency rules must be made on the record after a hearing?Multiple Choice

• Judicial

• Executive

• Formal

• Informal

>What occurs when someone in a position of trust creates fraudulent records to disguise the theft?Multiple Choice

• Embezzlement

• Blackmail

• Bribery

• Larceny or robbery

>Many enabling statutes contain provisions authorizing any member of the public at large who is directly affected by a particular agency action (or inaction) to bring a lawsuit against violators of a particular regulation and/or the administrative agency itself for failing to fulfill a duty imposed by a statute. What are these lawsuits called?Multiple Choice

• Administrative redress

• Grass-roots litigation

• Citizen suits

• Class-action lawsuits

>The responsible corporate officer doctrine, commonly referred to as the Park doctrine, permits the government to prosecute employees for corporate misconduct when they are in a position of authority and fail to prevent or correct a violation of the Food, Drug, and Cosmetic Act (FDCA).

True or False