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For the purposes of FTCA, discretionary functions are those that involve setting government policy.

A. True.
B. False.

1 Answer

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Final answer:

True The statement regarding discretionary functions in the FTCA is true as they involve government policy setting. Dillon's Rule is mistakenly characterized as granting local governments autonomy.

Step-by-step explanation:

For the purposes of the Federal Tort Claims Act (FTCA), discretionary functions are indeed those that involve setting government policy, thus making it necessary for the government to have leeway in such decisions. Therefore, the statement is A.

The Doc's discretionary function exception exempts the federal government from liability for acts of its employees that are the result of legislative or administrative action involving the exercise of judgment or discretion.

Dillon's Rule is counter to giving local governments freedom and flexibility, instead it gives states the power to control local government.

Thus, the statement about Dillon's Rule is B. False. One key difference between domestic policymaking and foreign policymaking is that domestic policy is generally concerned with issues within the country, whereas foreign policy deals with relationships .

Secondly, domestic policymaking often involves a broader participation of government branches and the public, whereas foreign policymaking can involve more centralized executive actions.

Concerning sole executive agreements and treaties, usually, treaties tend to last longer as they require Senate ratification and represent a more formal and enduring commitment. Therefore, the statement about a sole executive agreement being likely to be in effect longer than a treaty is B. False.

The necessary and proper clause is a provision in the Constitution that empowers the federal government to make all laws that are necessary and proper for executing its powers. Rather than limiting, this clause has expanded federal power. This makes the statement in Exercise 9.3.1 B. False.

Under the Freedom of Information Act (FOIA), certain records may be withheld from public disclosure if they fall under a set of outlined exemptions. Medical records, which could invade personal privacy, are considered a reasonable exception, hence answer a. medical records for government employees is correct.

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