Attorney Ohio Attorney General 3 — Questions and Answers
Question 1: Under Ohio Revised Code, which entity has the authority to bring a qui tam lawsuit on behalf of the state under the Ohio False Claims Act?
- Any Ohio resident acting as a relator, with the AG having the right to intervene (Correct answer)
- Only the Attorney General's Office
- Only the State Auditor
- Only the Governor
Correct answer: Any Ohio resident acting as a relator, with the AG having the right to intervene
Under the Ohio False Claims Act, private citizens (relators) may file qui tam suits, and the AG has the right to intervene and take over prosecution.
Question 2: The Ohio Attorney General's Antitrust Section would most likely investigate which of the following scenarios?
- A landlord charging excessive rent to a single tenant
- Multiple competing Ohio contractors secretly agreeing to fix bids on public projects (Correct answer)
- An employer refusing to hire a qualified applicant
- A business operating without a required state license
Correct answer: Multiple competing Ohio contractors secretly agreeing to fix bids on public projects
Bid-rigging among competitors is a classic antitrust violation that the AG's Antitrust Section is empowered to investigate and prosecute.
Question 3: Which of the following correctly describes the Ohio Attorney General's role in capital punishment cases?
- The AG personally decides whether to seek the death penalty
- The AG represents the state in appeals of death penalty convictions in state and federal courts (Correct answer)
- The AG has no role in capital cases, which are handled entirely by county prosecutors
- The AG must approve all death penalty sentences before they are carried out
Correct answer: The AG represents the state in appeals of death penalty convictions in state and federal courts
The AG's office handles post-conviction appeals and federal habeas corpus proceedings in capital cases on behalf of the state.
Question 4: What authority does the Ohio Attorney General have regarding the collection of debts owed to state agencies?
- None — state debts are collected by the State Treasurer
- The AG's Collections Enforcement Section is authorized to collect debts owed to state agencies (Correct answer)
- The AG may only advise agencies on collection but cannot act directly
- State debts must be referred to private collection agencies by law
Correct answer: The AG's Collections Enforcement Section is authorized to collect debts owed to state agencies
The Collections Enforcement Section of the Ohio AG's Office collects monies owed to the state, including court costs, fines, and overpayments.
Question 5: When may the Ohio Attorney General intervene in a private lawsuit involving a constitutional question?
- Never — the AG may only file original actions
- When the constitutionality of an Ohio statute is challenged, the AG has the right to intervene to defend it (Correct answer)
- Only when invited to do so by both parties
- Only in cases pending before the Ohio Supreme Court
Correct answer: When the constitutionality of an Ohio statute is challenged, the AG has the right to intervene to defend it
Ohio law gives the AG the right to intervene in any case where the constitutionality of a state statute is drawn into question.
Question 6: Which of the following best describes the Ohio Organized Crime Investigations Commission (OCIC) in relation to the AG?
- The AG chairs the OCIC and coordinates statewide organized crime investigations (Correct answer)
- The OCIC operates entirely independently with no connection to the AG
- The AG prosecutes all OCIC-referred cases in federal court
- The OCIC reports directly to the Governor, not the AG
Correct answer: The AG chairs the OCIC and coordinates statewide organized crime investigations
The Attorney General chairs the OCIC, which coordinates organized crime investigations among state and local agencies.
Question 7: Under the Ohio Consumer Sales Practices Act, which remedy is available to a consumer who prevails in a private lawsuit against a business for a deceptive act?
- Only actual damages
- Actual damages, rescission of the contract, or up to three times actual damages, plus attorney fees (Correct answer)
- Criminal penalties against the business owner
- A mandatory refund issued by the Attorney General's Office
Correct answer: Actual damages, rescission of the contract, or up to three times actual damages, plus attorney fees
CSPA allows prevailing consumers to recover actual damages or rescission, treble damages in some cases, and reasonable attorney fees.
Attorney Ohio Attorney General 3
Under Ohio Revised Code, which entity has the authority to bring a qui tam lawsuit on behalf of the state under the Ohio False Claims Act?