Question

True or false. 8._______ Agency rules can always be passed with no public comment period if the agency so desires. 9.______ An battery is an intentional touching without the other party's consent. 10. Committing a tort can expose the liable party to prison time.

Answer 1

(8) False.

The Federal Agencies issue rules and regulations as per the laws enacted by the Congress. When the Congress enacts a law to create an agency, it gives that agency some authorities to regulate certain activities or to deal with specific problems within the society. As per the law the agency thus created should not go beyond its statutory limits. As per the Administrative Procedure Act (APA), the agency must go public while issuing new rules & regulations and this includes publishing a statement that they have got the rulemaking authority in the Federal Register for all proposed & final rules.
Generally Agencies provide a public comment period ranging from 30 days to 60 days before the proposed rulemaking process to allow public to submit their comments and suggesstions in the Federal Register document. In case of complex rukes this public comment period may extend upto 180 days. However, the APA permits agencies to finalize some rules without first publishing the proposed rules in the federal register. This particular clause is called "good cause" exception of the statute that permits the agency to forego the Section 553's notice & comment requirement if the agency can find a good cause to show that the compliance would be unnecessary, impracticable or contrary ot the public interest and hence can forego its 30 day publication requirement.

(9) True

In the law of tort, battery is a term that is defined as the intentional touching or application of force to the body of another person in a harmful or offensive manner without that person's consent. It is a punishable act under the civil laws. For example,if in a heated argument between X & Y, X punches Y's face, then X has committed the offense of battery as per the law.

(10) False

Under the common law Tort is defined as a civil offense when a person either inentionally or negligently causes injury or damages to another person or his/her property. It is filed as private lawsuit in the court as opposed to criminal lawsuit. If the plaintiff can prove that the defendent has committed a tort and has caused damages to him/her, the court can order the defendent to compensate for those damages typically in the form of money damages.