Question 1

Congress enacted the Administrative Procedure Act in 1946.

Accepted Answer

A) True 
 B)False  True

Question 2

A statute may prohibit judicial review of an agency action.

Accepted Answer

A) True 
 B)False  True

Question 3

The Privacy Act:

Accepted Answer

A)  prohibits any disclosures of records covered by the Act to the individuals about whom information has been collected. 
B)  is another name for the Freedom of Information Act. 
C)  requires agencies to collect information to the greatest extent practicable directly from the individual affected. 
D)  requires agencies,after six years,to delete the information gathered about an individual. 
A)  prohibits any disclosures of records covered by the Act to the individuals about whom information has been collected. 
B)  is another name for the Freedom of Information Act. 
C)  requires agencies to collect information to the greatest extent practicable directly from the individual affected. 
D)  requires agencies,after six years,to delete the information gathered about an individual. C

Question 4

Administrative law is the branch of private law created by agencies in the form of rules,regulations,orders,and decisions to carry out regulatory powers and duties.

Accepted Answer

A) True 
 B)False

Question 5

After investigating a violation,an administrative agency must always use formal procedures to resolve the matter.

Accepted Answer

A) True 
 B)False

Question 6

The legislature may exercise control of administrative agencies in all of the following ways,EXCEPT:

Accepted Answer

A)  through its budgetary power. 
B)  through the power to appoint and remove chief administrators. 
C)  by amending an enabling statute to increase,modify,or decrease an agency's authority. 
D)  All of these are ways the legislature controls agencies. 
A)  through its budgetary power. 
B)  through the power to appoint and remove chief administrators. 
C)  by amending an enabling statute to increase,modify,or decrease an agency's authority. 
D)  All of these are ways the legislature controls agencies.

Question 7

Administrative hearings are always held before a jury.

Accepted Answer

A) True 
 B)False

Question 8

The Environmental Protection Agency (EPA)would like to adopt some new rules regarding environmental impact statements,but it is afraid that if too many people know about them ahead of time,the adverse publicity will force the agency to amend them.To avoid any public comment,the agency seeks to adopt the rules without publishing them.Which of the following statements is true regarding the agency's actions?

Accepted Answer

A)  The agency has a right to act in this way and a duty to be efficient with taxpayer money. 
B)  The rules in this instance are procedural in nature and therefore are not required to be published. 
C)  The agency is seeking to adopt the rules by a procedure that violates the rulemaking procedures set forth in the APA. 
D)  The agency has no rulemaking authority,because only Congress can make legislative rules. 
A)  The agency has a right to act in this way and a duty to be efficient with taxpayer money. 
B)  The rules in this instance are procedural in nature and therefore are not required to be published. 
C)  The agency is seeking to adopt the rules by a procedure that violates the rulemaking procedures set forth in the APA. 
D)  The agency has no rulemaking authority,because only Congress can make legislative rules.

Question 9

Agencies may deny access to which of the following types of records?

Accepted Answer

A)  Those related to national defense and specifically authorized to be kept secret 
B)  Those relating to internal personnel rules 
C)  Trade secrets 
D)  All of these. 
A)  Those related to national defense and specifically authorized to be kept secret 
B)  Those relating to internal personnel rules 
C)  Trade secrets 
D)  All of these.

Question 10

What is an administrative agency? What powers does an administrative agency possess? How does an administrative agency utilize its powers?

Accepted Answer

Administrative agencies are governmental

Question 11

The U.S.Supreme Court ruled the Patient Protection and Affordable Care Act to be unconstitutional.

Accepted Answer

A) True 
 B)False

Question 12

The President has significant control over administrative agencies housed within the executive branch by virtue of his power to:

Accepted Answer

A)  influence the budgeting process. 
B)  appoint and remove the chief administrator of those agencies. 
C)  impound moneys appropriated to the agency by Congress. 
D)  All of these are powers of the President. 
A)  influence the budgeting process. 
B)  appoint and remove the chief administrator of those agencies. 
C)  impound moneys appropriated to the agency by Congress. 
D)  All of these are powers of the President.

Question 13

Which of the following statements is true regarding administrative law judges?

Accepted Answer

A)  They are appointed by the president with the approval of the Senate. 
B)  They may be removed only for good cause. 
C)  The administrative law judge cannot impose sanctions in her orders. 
D)  There are more than twice as many federal judges as there are administrative law judges. 
A)  They are appointed by the president with the approval of the Senate. 
B)  They may be removed only for good cause. 
C)  The administrative law judge cannot impose sanctions in her orders. 
D)  There are more than twice as many federal judges as there are administrative law judges.

Question 14

Administrative agencies create more legal rules and adjudicate more controversies than all the legislatures and courts combined.

Accepted Answer

A) True 
 B)False

Question 15

Federal administrative agencies are charged with all but which of the following?

Accepted Answer

A)  National security 
B)  Labor relations 
C)  Securities markets 
D)  All of these are regulated by federal administrative agencies. 
A)  National security 
B)  Labor relations 
C)  Securities markets 
D)  All of these are regulated by federal administrative agencies.

Question 16

An administrative law judge for the Federal Trade Commission decides a case against a retail store chain.The company wants to appeal the decision.Which of the following is correct regarding the appeal of the case?

Accepted Answer

A)  The FTC may decide the case de novo. 
B)  There is no appeal from the decision of the ALJ. 
C)  The governing body of the agency will decide the case by having a jury trial. 
D)  The appeal will go directly to the federal district court,which will strictly apply the common law rules of evidence. 
A)  The FTC may decide the case de novo. 
B)  There is no appeal from the decision of the ALJ. 
C)  The governing body of the agency will decide the case by having a jury trial. 
D)  The appeal will go directly to the federal district court,which will strictly apply the common law rules of evidence.

Question 17

The 1990 Congressional enactment encouraging the involvement of affected parties in the initial stages of the policy-making process prior to the publication of notice of a proposed agency rule is the:

Accepted Answer

A)  Negotiated Rulemaking Act. 
B)  Administrative Procedure Act. 
C)  Administrative Dispute Resolution Act. 
D)  Government in the Sunshine Act. 
A)  Negotiated Rulemaking Act. 
B)  Administrative Procedure Act. 
C)  Administrative Dispute Resolution Act. 
D)  Government in the Sunshine Act.

Question 18

Administrative law judges are appointed by the President and confirmed by the Senate just as are judges in the U.S.District Court.

Accepted Answer

A) True 
 B)False

Question 19

What is the name given to the process by which an administrative agency promulgates statements designed to implement,interpret,or process law or policy?

Accepted Answer

A)  Rulemaking 
B)  Lobbying 
C)  Adjudication 
D)  Enforcement 
A)  Rulemaking 
B)  Lobbying 
C)  Adjudication 
D)  Enforcement

Question 20

What standard does a court use in reviewing the factual determinations of an administrative agency?

Accepted Answer

A)  Whether the adjudication was arbitrary and capricious. 
B)  Whether the conclusions reached are supported by substantial evidence. 
C)  Whether the agency has conducted an adjudication with inadequate fact-finding procedures or whether issues that were not properly before the agency were decided. 
D)  Any one of these,depending on the particular situation. 
A)  Whether the adjudication was arbitrary and capricious. 
B)  Whether the conclusions reached are supported by substantial evidence. 
C)  Whether the agency has conducted an adjudication with inadequate fact-finding procedures or whether issues that were not properly before the agency were decided. 
D)  Any one of these,depending on the particular situation.

Exam 5: A: Administrative Law

Congress enacted the Administrative Procedure Act in 1946.

A statute may prohibit judicial review of an agency action.

The Privacy Act:

Administrative law is the branch of private law created by agencies in the form of rules,regulations,orders,and decisions to carry out regulatory powers and duties.

After investigating a violation,an administrative agency must always use formal procedures to resolve the matter.

The legislature may exercise control of administrative agencies in all of the following ways,EXCEPT:

Administrative hearings are always held before a jury.

Agencies may deny access to which of the following types of records?

What is an administrative agency? What powers does an administrative agency possess? How does an administrative agency utilize its powers?

The U.S.Supreme Court ruled the Patient Protection and Affordable Care Act to be unconstitutional.

The President has significant control over administrative agencies housed within the executive branch by virtue of his power to:

Which of the following statements is true regarding administrative law judges?

Administrative agencies create more legal rules and adjudicate more controversies than all the legislatures and courts combined.

Federal administrative agencies are charged with all but which of the following?

An administrative law judge for the Federal Trade Commission decides a case against a retail store chain.The company wants to appeal the decision.Which of the following is correct regarding the appeal of the case?

The 1990 Congressional enactment encouraging the involvement of affected parties in the initial stages of the policy-making process prior to the publication of notice of a proposed agency rule is the:

Administrative law judges are appointed by the President and confirmed by the Senate just as are judges in the U.S.District Court.

What is the name given to the process by which an administrative agency promulgates statements designed to implement,interpret,or process law or policy?

What standard does a court use in reviewing the factual determinations of an administrative agency?

Introduction to Law

Business Ethics and the Social Responsibility of Business

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance,breach,and Discharge

Contract Remedies

Relationship of Principal and Agent

Relationship With Third Parties

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Products Liability: Warranties and Strict Liability in Tort

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits,collections,and Funds Transfers

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature,formation,and Powers

Financial Structure

Management Structure

Fundamental Changes

Secured Transactions and Suretyship

Bankruptcy

Protection of Intellectual Property

Antitrust

Consumer Protection Double

Employment Law

Securities Regulation

Accountants Legal Liability

Environmental Law

International Business Law

Introduction to Property,property Insurance,bailments,and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Decedents Estates

Legal Terminology: Understanding Criminal and Civil Law Systems

Contract Law Terminology

Exploring the Legal Concepts of Agency and Fiduciary Duty

Understanding Key Legal Concepts in Sales and Contracts

Understanding the Terminology of Banking and Finance: Key Concepts and Definitions

Exploring Legal Concepts and Processes in Business Partnerships

Understanding Corporate Law: A Guide to Ultra Vires Acts, Subscribers, Debt Securities, and More

Understanding Key Terms in Secured Transactions and Bankruptcy Law

Legal Topics and Terms

Legal Topics in Property Ownership and Management