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11:374:279 Lecture Notes - Lecture 11: Bully Pulpit, Environmental Policy, Wayanad District

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School
Rutgers University
Department
Environmental Policy, Institutions, and Behavior
Course
11:374:279
Professor
Schoolman

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Document Summary

Important note: bullet points under the heading in lecture are points that are not explicitly covered in the readings, but that i will fully explain in lecture. Please take careful notes on these in lecture points! Lecture 6: the three branches and many levels of government (part 1) Legislative (congress and state legislatures); executive (president and governors); and judicial (courts). Each branch has some power to limit the actions of the other branches. When the president goes around congress, how are his/her actions vulnerable to challenge: by taking on the power himself, he makes himself vulnerable to political pressure. It might become so intense that he might have to change his course: bureaucrats resist policy changes initiated by political appointees. If the legislature passes a bill and the chief executive signs it, this bill becomes a new law called a statute.

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Related Questions

The Federal Reserve System is responsible for establishing monetary policy. It has a significant degree of independence from the executive, legislative and judicial branches of government. Its policymakers, the seven-member Board of Governors, serve 14-year terms with one member appointed every two years. There are 12 Federal Reserve District Banks spread around the county rather than one central bank in Washington, D.C. to carry out the policies established by the Board of Governors.

Why do you think the Fed was set up in this manner? Do you think that it is a good system for establishing and carrying out monetary policy in the country? Some politicians have suggested that the executive and/or the legislative branches of government should have more say or influence regarding monetary policy. In your opinion, would this be a good idea or not?

The federal government’s annualfinancial statements are issued by

a.The Department of the Treasury

b.The Office of Management and Budget

c.The Department of Commerce

d.The Government Accountability Office

2.

The Government Accountability Officeis part of which of the following branches of government?

a.The executive branch

b.The legislative branch

c.The judicial branch

d.None of the above; it is an independentagency

3.

The Chief Financial Officer of theUnited States reports directly to

a.The Comptroller General

b.The President

c.The Majority Leader

d.The head of the OMB

4.

The unified budget includes

a.Both Social Security and U.S. Postal Serviceaccounts

b.Social Security accounts but not U.S. PostalService accounts

c.U.S. Postal Service accounts but not SocialSecurity accounts

d.Neither Social Security nor U.S. PostalService accounts

5.

Which of the following is nota required element of federal government-wide statements?

a.Management’s discussion and analysis

b.Descriptions of stewardship assets

c.A schedule comparing actual to anticipatednon-monetary performance measures

d.A statement that shows, by major departmentor agency, the net cost of operations

6.

Per the FASAB a federal entity shouldbe considered a reporting entity and thereby must issue annualreports if it

a.Is listed in the OMB’s Catalog of FederalAgencies

b.Has been designated as a reporting entity byCongress

c.Satisfies the criteria established by theFASAB

d.Meets OMB minimum revenue requirements

7.

In the federal government,“proprietary accounts” are those that

a.Provide the data required to prepareaccrual-basis financial statements

b.Provide the data required to preparebudget-basis financial statements

c.Are used to account for business-typeactivities

d.Are used to account for classifiedinformation that cannot be made public for security reasons

8.

Which of the following statementsreconciles an agency’s obligations incurred on a budgetary basiswith the net cost of operations on a full accrual basis?

a.Statement of net cost

b.Statement of financing

c.Statement of changes in financialposition

d.Statement of budgetary resources

9.

Which of the following is an exampleof an “exchange” revenue?

a.Proceeds from the sale of goods orservices

b.Transfers from another agency

c.An increase in an OMB allotment

d.Collections of taxes on liquor sales

10.

The federal government shouldrecognize revenue from income taxes

a.As taxpayers earn their income

b.As taxpayers report on their tax returns theamount of their tax or make periodic cash payments

c.As soon as it is able to make a reasonableestimate of the amount that it will collect

d.On the date the taxes are due

Question 1

You are president of ACME Enterprises. Every year you have to pay a federally imposed fee for your business. This statute arises from a statute that was previously passed by the United States Congress. Being very "anti-tax" you decide one year that you are tired of paying the fee and that you want to get the fee eliminated. However, you do believe that the fee is constitutional. Which branch of government could pass a law which could eliminate this fee for you?

Judicial B. Legislative C. Executive D. Municipal

Question 2

Which of the following statements is not true?

Bob, a resident of New Jersey, sues Ed, a resident of Florida, for $100,000 over a real estate deal. Bob must bring his suit in a Florida court. B. The conflict of laws may guide a federal court in deciding which state's laws to apply in a case. C. Federal courts have exclusive jurisdiction over bankruptcy cases. D. You are not required to be represented by an attorney in small claims court

Question 3

You were convicted of the federal crime of possession of cocaine with intent to distribute across interstate lines. Your case was tried in the United States District Court for the Southern District of West Virginia. Now, you wish to appeal your case to get your conviction overturned. To which body should you first appeal your case?

United States Supreme Court B. 4th Circuit Court of Appeals. C. United States Magistrate Court D WV Supreme Court

Question 4

Venue concerns:

Whether a federal court has jurisdiction B. The most appropriate court for the action to be brought within a particular state or federal jurisdiction C. Whether a state court has jurisdiction. Whether a defendant has properly served with process

Question 5

The decision of a state court can never be appealed to the U.S. Supreme Court.

True or False

Question Six

A rule of law enabling the defendant to win even if all of plaintiff’s allegations are true is a

A.

Counterclaim B. Deposition C. Judgement N.O.V. D. Affirmative Defense

Question 7

Johnson is a creditor of Barnes. Johnson wants to file a petition to have Barnes declared bankrupt. Which of the following statements is true?

Johnson can file his petition in either state or federal court B. Johnson should file his petition in US. District court C. Only a federal bankruptcy can hear a bankruptcy case D. bankruptcy cases can be heard in federal tax court

Question 8

Which of the following is a type of alternative dispute resolution that is binding on the parties?

Mediation B. Non-binding arbitration C. Binding arbitration D. Summary jury trial

Question 9

A writ of certiorari is the most common way to appeal a case to the Supreme Court.

True Or False

Question 10

A written record of the entire trial proceedings including the testimony of all the witnesses and any discussions between the judge and the attorneys is called a:

Treatise B. Citation C. Brief D. Transcript

Question 11

Which of the following Alternative Dispute Resolution processes can result in a decision that, under most circumstances, can't be appealed to another organization?

Binding Arbitration B. Non-binding Arbitration C. Mediation D. Mini-trial E. A & C F. None of the above

Question 12

The decision of a mediator is binding upon the parties.

True or False

Question 13 A new claim stating that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint is a(n):

Affirmative defense B. Cross-claim C. Counterclaim D. Dissenting opinion

Question 14

Federal question jurisdiction:

A type of jurisdiction possessed by state trial courts B. Is the most common form of U.S. supreme court jurisdiction C. requires that the amount in controversy be at least $10,000 D. is jurisdiction over questions arising under federal laws, treaties, and in the U.S. constitution

Question 15

The primary way a case can be appealed to the West Virginia Supreme Court is through filing a document referred to as a:

Writ of certiorari B. writ of habeas corpus C. writ of quo warranto D. writ of mamdamus

Question 16

Which of the following is NOT true of the appellate procedure?

The appellate court hears witnesses and fathers new evidence B. A transcript of the trial must be sent to the appeals court C. The appealing party must show that material errors occurred in the trial D. The appeals court may reverse and remand the decision

Question 17

If P sues D, and D wants to allege that P's own negligence caused her injury, D should allege this in:

The complaint B. The answer C. The reply D. The counterclaim

Question 18

Uncle Jesse wants to sue Cletus Hogg (Uncle Jesse's neighbor) for trespassing on Uncle Jesse's land and for causing $50,000 worth of damage to Uncle Jesse's land. Both Uncle Jesse and Cletus live in Jackson County, West Virginia. Uncle Jesse comes to the law office you work for and your supervising attorney concludes that Uncle Jesse's case can take place in state court in West Virginia. What court should your law firm file the complaint in?

Jackson county superior court B. Jackson county circuit court of appeals C. United states district court in the southern district of WV D. Jackson county circuit court E. 4th court of appeals

Question 19

Cases heard in the federal courts must involve either a federal question or situations in which there is diversity of citizenship between the parties.

True or False

Question 20

In the American legal system, a judge cannot overturn a jury verdict.

True or False

Question 21

A U.S. Court of Appeals is empowered to:

Hear witnesses and determine facts B. Hear only patent, copyright, and trademark appeals C. Review legal conclusions reached by lower federal courts and administrative agencies D. Make findings of fact

Question 22

A mini-trial is conducted under the supervision of the court.

True or False

Question 23

Eve attempts suicide by locking herself inside the trunk of her car. Someone discovers Eve after several days. She is still alive. Eve sues the manufacturer of her car for a large amount of money because it did not provide for a latch inside the trunk. Which of the following may be the first step that the car manufacturer would want to make in this case?

Make a motion to dismiss the case B. Make a motion for a directed verdict C. Make a motion of judgement n.o.v D. Take the case to small claims court

Question 24

Which of the following is NOT true of trials?

Preponderance of evidence is the standard used in civil trials B. proof beyond a reasonable doubt is the standard used in criminal trials C. The state can make a motion for judgement notwithstanding the verdict when the defendant is acquitted in a criminal trial D. a directed verdict may be granted in a civil case if the plaintiff’s evidence is not sufficient to support her allegations

Question 25

You sued your brother in Kanawha County Circuit Court because he hit you with his car in Charleston, West Virginia and caused you to become partially paralyzed on the left side of your body. This civil law case does not involve any federal issues or law; the case is purely a state law case and it involves about $500,000 in damages. The case was tried in a state court in Charleston and your brother lost. Your brother now wants to appeal his case to try to get the jury verdict overturned. To what organization should your brother first try to appeal his case?

United States Supreme Court B. West Virginia Supreme Court C. Kanawha County Circuit Court D. Kanawha County Family Court E. West Virginia Legislature