Question 1

Criticism of administrative agencies includes that they:

Accepted Answer

A)  lack the knowledge or time necessary to provide continuous and flexible solutions to evolving regulatory problems. 
B)  lack the broad powers necessary to effectively deal with regulatory problems. 
C)  are in effect miniature independent governments which have too much power concentration since the same bodies establish rules and then act as prosecutors and judges in determining whether those rules have been violated. 
D)  All of these are valid criticisms. 
A)  lack the knowledge or time necessary to provide continuous and flexible solutions to evolving regulatory problems. 
B)  lack the broad powers necessary to effectively deal with regulatory problems. 
C)  are in effect miniature independent governments which have too much power concentration since the same bodies establish rules and then act as prosecutors and judges in determining whether those rules have been violated. 
D)  All of these are valid criticisms.

Question 2

Much of federal,state,and local law in this country has been established by administrative agencies.Because agencies possess tremendous power,many people have labeled them the:

Accepted Answer

A)  independent commissions. 
B)  legislative enforcers. 
C)  fourth branch of government. 
D)  None of these. 
A)  independent commissions. 
B)  legislative enforcers. 
C)  fourth branch of government. 
D)  None of these.

Question 3

Agencies must submit newly adopted rules to Congress,and a major rule does not become final until Congress has the opportunity to disapprove it.

Accepted Answer

A) True 
 B)False

Question 4

Parties seeking to challenge agency action must have standing and must have exhausted their administrative remedies.

Accepted Answer

A) True 
 B)False

Question 5

An agency's deciding an appealed case de novo means:

Accepted Answer

A)  agency hearings produce evidence of general conditions. 
B)  the agency may hear additional evidence and arguments in deciding whether to revise the findings and conclusions made in the initial decision. 
C)  without regard to new evidence. 
D)  an agency may impose in its orders sanctions,such as penalties. 
A)  agency hearings produce evidence of general conditions. 
B)  the agency may hear additional evidence and arguments in deciding whether to revise the findings and conclusions made in the initial decision. 
C)  without regard to new evidence. 
D)  an agency may impose in its orders sanctions,such as penalties.

Question 6

Interpretative rules of administrative agencies are automatically binding on the private parties the agency regulates.

Accepted Answer

A) True 
 B)False

Question 7

After a FOIA request has been made,an agency has ____ to indicate whether it intends to comply.

Accepted Answer

A)  three business days 
B)  ten working days 
C)  three weeks 
D)  one month 
A)  three business days 
B)  ten working days 
C)  three weeks 
D)  one month

Question 8

Hybrid rulemaking is more formal than procedures the agency uses in informal rulemaking.

Accepted Answer

A) True 
 B)False

Question 9

In 1995,Congress enacted the Administrative Dispute Resolution Act to require federal agencies to use arbitration or mediation to resolve disputes.

Accepted Answer

A) True 
 B)False

Question 10

Administrative statutes,often called regulations,issued by an agency are:

Accepted Answer

A)  legislative rules. 
B)  enabling statutes. 
C)  appropriations. 
D)  orders. 
A)  legislative rules. 
B)  enabling statutes. 
C)  appropriations. 
D)  orders.

Question 11

In carrying out their enforcement function,agencies traditionally have been accorded little discretion to compel the disclosure of information needed for an investigation.

Accepted Answer

A) True 
 B)False

Question 12

The Administrative Dispute Resolution Act:

Accepted Answer

A)  was enacted by Congress in 1980 to help alleviate the caseload on administrative agencies. 
B)  requires federal agencies to use alternative dispute resolution. 
C)  was enacted to require state and federal agencies to use formal methods of dispute resolution. 
D)  authorizes and encourages,but does not require,federal agencies to use techniques such as mediation,conciliation,and arbitration to resolve disputes informally. 
A)  was enacted by Congress in 1980 to help alleviate the caseload on administrative agencies. 
B)  requires federal agencies to use alternative dispute resolution. 
C)  was enacted to require state and federal agencies to use formal methods of dispute resolution. 
D)  authorizes and encourages,but does not require,federal agencies to use techniques such as mediation,conciliation,and arbitration to resolve disputes informally.

Question 13

The Government in the Sunshine Act allows for closed meetings if they are about agency participation in pending or anticipated litigation.

Accepted Answer

A) True 
 B)False

Question 14

In general,procedural rules are exempt from the notice and comment requirements of the APA.

Accepted Answer

A) True 
 B)False

Question 15

An agency can charge for providing records to a person requesting access to its files.

Accepted Answer

A) True 
 B)False

Question 16

Rulemaking powers of federal agencies are primarily governed by the:

Accepted Answer

A)  SEC. 
B)  APA. 
C)  FCC. 
D)  NHTSA. 
A)  SEC. 
B)  APA. 
C)  FCC. 
D)  NHTSA.

Question 17

In reviewing an agency action,which of the following is included in the questions of law a court will consider?

Accepted Answer

A)  Whether the agency violated any constitutional provision. 
B)  Whether the agency acted contrary to the procedural requirements of the law. 
C)  Whether the agency exceeded its authority. 
D)  All of these would be considered. 
A)  Whether the agency violated any constitutional provision. 
B)  Whether the agency acted contrary to the procedural requirements of the law. 
C)  Whether the agency exceeded its authority. 
D)  All of these would be considered.

Question 18

Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by that agency is then appealed to the courts,the court will generally apply what test in reviewing factual determinations?

Accepted Answer

A)  The unwarranted by the facts standard. 
B)  The substantial evidence test. 
C)  The arbitrary and capricious test. 
D)  The beyond a reasonable doubt standard. 
A)  The unwarranted by the facts standard. 
B)  The substantial evidence test. 
C)  The arbitrary and capricious test. 
D)  The beyond a reasonable doubt standard.

Question 19

Sophia would like to become an administrative law judge.How should she go about exploring this employment option?

Accepted Answer

A)  She should fill out an application for federal employment pursuant to the federal civil service merit selection rules. 
B)  She should talk to her congressional representative and ask for a recommendation. 
C)  She should contribute a substantial sum of money to the President's political party so that the President will consider appointing her to such a job. 
D)  She should file for election to the job during the next election year. 
A)  She should fill out an application for federal employment pursuant to the federal civil service merit selection rules. 
B)  She should talk to her congressional representative and ask for a recommendation. 
C)  She should contribute a substantial sum of money to the President's political party so that the President will consider appointing her to such a job. 
D)  She should file for election to the job during the next election year.

Question 20

All agency decisions must include a statement of findings of fact and conclusions of law.

Accepted Answer

A) True 
 B)False

Exam 5: A: Administrative Law

Criticism of administrative agencies includes that they:

Much of federal,state,and local law in this country has been established by administrative agencies.Because agencies possess tremendous power,many people have labeled them the:

Agencies must submit newly adopted rules to Congress,and a major rule does not become final until Congress has the opportunity to disapprove it.

Parties seeking to challenge agency action must have standing and must have exhausted their administrative remedies.

An agency's deciding an appealed case de novo means:

Interpretative rules of administrative agencies are automatically binding on the private parties the agency regulates.

After a FOIA request has been made,an agency has ____ to indicate whether it intends to comply.

Hybrid rulemaking is more formal than procedures the agency uses in informal rulemaking.

In 1995,Congress enacted the Administrative Dispute Resolution Act to require federal agencies to use arbitration or mediation to resolve disputes.

Administrative statutes,often called regulations,issued by an agency are:

In carrying out their enforcement function,agencies traditionally have been accorded little discretion to compel the disclosure of information needed for an investigation.

The Administrative Dispute Resolution Act:

The Government in the Sunshine Act allows for closed meetings if they are about agency participation in pending or anticipated litigation.

In general,procedural rules are exempt from the notice and comment requirements of the APA.

An agency can charge for providing records to a person requesting access to its files.

Rulemaking powers of federal agencies are primarily governed by the:

In reviewing an agency action,which of the following is included in the questions of law a court will consider?

Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by that agency is then appealed to the courts,the court will generally apply what test in reviewing factual determinations?

Sophia would like to become an administrative law judge.How should she go about exploring this employment option?

All agency decisions must include a statement of findings of fact and conclusions of law.

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