Question 1

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 2

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  False

Question 3

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

Accepted Answer

A) True 
 B)False  True

Question 4

The Patient Protection and Affordable Care Act is an example of:

Accepted Answer

A)  An executive order 
B)  Judicial rulemaking 
C)  A legislative rule 
D)  A Constitutional amendment 
A)  An executive order 
B)  Judicial rulemaking 
C)  A legislative rule 
D)  A Constitutional amendment

Question 5

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 6

The Freedom of Information Act and the Government in the Sunshine Act are different names for the same legislation.

Accepted Answer

A) True 
 B)False

Question 7

If a decision of an ALJ is appealed,the governing body of the agency may decide the case de novo.

Accepted Answer

A) True 
 B)False

Question 8

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 9

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

Accepted Answer

A) True 
 B)False

Question 10

Only documentary evidence may be admitted at an administrative hearing.

Accepted Answer

A) True 
 B)False

Question 11

Congress enacted the Administrative Procedure Act in 1946.

Accepted Answer

A) True 
 B)False

Question 12

Administrative agencies must make records available by electronic means within one year of their creation.

Accepted Answer

A) True 
 B)False

Question 13

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 14

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 15

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 16

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

Accepted Answer

A) True 
 B)False

Question 17

Enabling statutes may not impose more stringent procedural requirements for promulgating legislative rules than those found in the APA.

Accepted Answer

A) True 
 B)False

Question 18

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 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

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

Exam 5: Administrative Law

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.

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

The Patient Protection and Affordable Care Act is an example of:

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

The Freedom of Information Act and the Government in the Sunshine Act are different names for the same legislation.

If a decision of an ALJ is appealed,the governing body of the agency may decide the case de novo.

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

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

Only documentary evidence may be admitted at an administrative hearing.

Congress enacted the Administrative Procedure Act in 1946.

Administrative agencies must make records available by electronic means within one year of their creation.

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

Criticism of administrative agencies includes that they:

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

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

Enabling statutes may not impose more stringent procedural requirements for promulgating legislative rules than those found in the APA.

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

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

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

Introduction to Law

Business Ethics and the Social Responsibility of Business

Civil Dispute Resolution

Constitutional Law

A: 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