ADMINISTRATIVE LAW FINAL EXAMINATION
QUESTION 1
Ann Smith is a reporter with the Miami Herald. She was planning to write a follow-up to the Elian Gonzalez story and wanted to obtain records from the Justice Department concerning the names and addresses of Elian’s relatives and friends who were involved in the case (you may remember that several of Elian’s classmates visited him in the United States before his return to Cuba). Ms. Smith filed a Freedom of Information Act (FOIA) request with the Department of Justice and the Department responded promptly stating that the records would not be produced because they fell under an exception (or exemption) to the FOIA. Ms. Smith has filed a lawsuit seeking the documents. Will her lawsuit be successful? Explain your answer.
QUESTION 2
See question 1. If the Department of Justice gave Ms. Smith the documents, would the Privacy Act be violated? Explain your answer.
QUESTION 3
The Federal Energy Regulatory Commission (a federal administrative agency) enacted a regulation stating, “any employee who has access to protected areas of nuclear power plants must submit to breath or urine testing (for drug and alcohol use) if a supervisor has a reasonable suspicion that the employee is under the influence of drugs or alcohol based on personal observations concerning the appearance, behavior, or speech of the employee.” The statute went on to say, “If a test reveals that an employee is impaired, the employee should immediately be terminated. If an employee wishes to contest his termination, he may file a request for a hearing within forty eight hours of termination.” Ben Caldwell was employed by Progress Energy at a nuclear power plant; he was tested and discharged (as a result of the test) on April 1, 2020. Mr. Caldwell’s immediate supervisor requested the testing because he said that Mr. Caldwell “smelled like beer” on two mornings when he arrived for work. Mr. Caldwell requested a hearing on April 5, 2020, but the hearing has not been scheduled yet. Mr. Caldwell alleges that the test (a urine test) was conducted in violation of the Fourth Amendment of the U.S. Constitution because it was an unreasonable search and seizure. Did Progress Energy conduct an unreasonable search and seizure? Explain your answer.
QUESTION 4
Lucky Communications, Inc. and Shamrock Communications, Inc. submitted applications to the Federal Communications Commission (FCC) seeking a license to operate a radio station in Port St. Lucie, Florida (only one license was available). The FCC determined that the license would be awarded to Shamrock and not to Lucky Communications. Is the FCC required to conduct a formal adjudication to grant the license to Shamrock?, Is the FCC required to conduct a formal adjudication to deny Lucky’s license? Explain your answers.
QUESTION 5
The Saint Lucie County Zoning Board (an administrative agency) hired Matt Leland as an inspector and instructed him to investigate illegal use of residential property for business purposes. Mr. Leland received a complaint from a homeowner that his next door neighbor was operating a lawn maintenance business at him home (in violation of zoning ordinances). Mr. Leland wishes to inspect the home for possible violations. Will Mr. Leland be required to obtain a search warrant prior to conducting the inspection? Explain your answer.
QUESTION 6
In order for a court to review an administrative agency’s decision, the claimant must “exhaust all administrative remedies.” Explain, in your own words, what this requirement means.
QUESTION 7
Neil Fowler, a United States Attorney (a federal prosecutor) was prosecuting Terry Melvin for trafficking in cannabis (marijuana). Ms. Melvin was arrested in Stuart, Florida. During a pretrial hearing (in the United States District Court in Fort Pierce), Mr. Fowler stated that Ms. Melvin “was a drug dealer and operated one of the largest marijuana operations in Florida.” Ms. Melvin wishes to sue Mr. Fowler for defamation of character (intentionally injuring her reputation). Is Mr. Fowler immune from a civil lawsuit for defamation? Explain your answer.
QUESTION 8
The Department of Interior recently published a notice that it would entertain bids for developing Everglades National Park. ABC, Inc., a real estate development firm, immediately submitted a proposal for building a subdivision on the outskirts of the Everglades. The subdivision would consist of a shopping mall, a hotel, condominiums, and single-family homes. Wildlife, Inc., an organization based in Florida, is outraged that the Department would allow construction near the Everglades because much of South Florida receives drinking water directly or indirectly from the Everglades. Wildlife, Inc. filed a lawsuit in federal court to obtain a court order prohibiting development near the Everglades. The petition filed with the court alleges that many of the members of Wildlife, Inc. will be directly affected by the destruction of the Everglades since they are Florida residents and their water will be affected by the development. Does Wildlife, Inc. have standing to file the lawsuit? Explain your answer.
QUESTION 9
Congress enacted a statute appropriating $2 million dollars to research the psychological effects of Howard Stern’s radio show on its listeners. The statute also stated that advertisers on Howard Stern’s show had to pay a “smut tax” of 1% of the cost of the ad to fund investigations by the Federal Communications Commission into the language and content used by Howard Stern. Nancy Nelson, a plastic surgeon who frequently advertises on Howard Stern’s radio show, objects to the “smut tax” and wishes to file a lawsuit challenging the tax. Does Dr. Nelson have standing? Explain your answer.
QUESTION 10
Terry Vest’s husband, Claude Vest, served in the Iraq War as an army drill sergeant. Upon returning from active duty, Sergeant Vest suffered from post-traumatic stress disorder; he became volatile and violent. Sergeant Vest sought treatment at a local Veterans’ Administration Hospital, but was only seen once and did not return for further treatment. Subsequently, Sergeant Vest attacked his wife and badly injured her. At the time of the attack, Terry Vest believed that her husband was suffering from some sort of delusions and was having “flashbacks.” Mrs. Vest filed a lawsuit against the United States government, alleging that her husband’s actions were foreseeable and the government (or the army) was negligent in failing to adequately treat her husband by offering extensive psychological counseling or other therapy. The United States government responded that Sergeant Vest’s intentional acts were responsible for Mrs. Vest’s injuries and the government was immune from the lawsuit since it involved the intentional torts of assault and battery. Do you think Mrs. Vest’s lawsuit will be successful? Explain your answer.