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Privileges of Being a Government Employee Bad guys and gals Procedural Fun Really hard miscellaneous questions Somewhat easier miscellaneous questions
100
What is the Deliberative Process Privilege?
This legal privilege normally requires the segregation of purely factual information for release.
100
What is Exemption 7(A)?
Johnny has been arrested, convicted, and sentenced for running a large drug ring. In response to a FOIA request from him, DEA asserted this Exemption because some of Johnny's co-conspirators remain at large.
100
What is the District of Columbia?
This is the universal jurisdiction for FOIA lawsuits.
100
What is easier?
The Open Government Act of 2007 made it _____ for plaintiffs to recover attorney fees under the FOIA.
100
What is clearly?
Exemption 6, unlike Exemption 7(C), requires that the release of information constitute a ______ unwarranted invasion of personal privacy to withhold that information.
200
What is the Presidential Communications Privilege?
This legal privilege allows for frank communications between the President and his advisors.
200
What is Exemption 7(F)?
This exemption is sometimes used to protect dangerous facts about inmates from other inmates.
200
What is "as quickly as practicable?" I am sure that Sally has no reason to be nervous...
Sweet Sally is on death row with two weeks to live, and has been granted expedited processing of her request for records about her prosecution. The FOIA would require the agency to respond to this request within this time frame.
200
What is zero? (Vote was 410-0).
In February of this year, the House of Representatives passed amendments to the FOIA statute. During the course of the vote on that Bill, this many Representatives voted against it.
200
What is personnel.
Exemption 2 protects the "internal ______ rules and practices of an agency."
300
What is water rights?
In the Klamath Supreme Court case that discussed the two-part consultant corollary test, the Native American tribes referenced in the documents at issue were competing for this.
300
What is 1) records maintained by a criminal law enforcement authority regarding a criminal investigation; or 2) records compiled during a lawful national security intelligence investigation?
In either of these situations, an agency can protect not only the identity of a confidential source, but also any information provided to the agency pursuant to the source relationship.
300
What is foreseeable harm?
The 2009 AG's FOIA Guidelines established a ______ standard for determining whether otherwise withholdable information should be released.
300
What is Exemption 4?
Sam makes his living via fraudulent schemes. After reading the Supreme Court's Milner decision, he begins making FOIA requests for gov't credit card numbers. Which Exemption could help agencies prevent Sam from adding to the national debt?
300
What is the year 2007?
Melanie became the Director of OIP in this year.
400
What is: 1) to encourage open discussion; 2) protect against premature disclosure of proposed policies; or 3) protect against public confusion
These are the three purposes of the deliberative process privilege (name one).
400
What is the Department Review Committee?
In the Department of Justice, this entity is the true appeal authority for Exemption 1 withholdings.
400
What is control?
The Supreme Court has said that to qualify as "agency records," documents must be: 1) created or obtained by the agency; and 2) under agency ____ at the time of the request.
400
What is Rule 6(e) of the Federal Rules of Criminal Procedure?
Interestingly, this provision is not a statute yet it still qualifies as a valid basis for withholding information under Exemption 3.
400
What are educational institutions, noncommercial scientific institutions, and representatives of the news media?
These three groups of FOIA requesters are only required to pay duplication fees (name two of them).
500
What is the threshold?
The common interest doctrine allows federal and state prosecutors to cooperate on joint prosecution efforts without running afoul of the ______ of Exemption 5.
500
What is Exemption 7(E) or 7(F)?
Suzy is tired of being hounded by the TSA at airports and suspects that she is on an aviation watch list. If she made a FOIA request to find out whether she is on such a list, what would be a valid Exemption for withholding such information?
500
What is Executive Order 12600?
Under Exemption 4, the submitter notice process is governed by this particular Executive Order.
500
What is Exemption 1?
An exemption other than 7(D) that might allow an agency to protect its cooperation with a foreign government source.
500
Who is James Madison?
This person is often referred to as a Father in many contexts: Founding Father, Father of the Constitution, Father of the Bill of Rights, and Father of Open Government.




FOIA Jeopardy

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