Question 1

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.

Question 2

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 3

A federal agency that wishes to adopt administrative rules must do so in compliance with the:

Accepted Answer

A)  Administrative Procedures Act. 
B)  U.S.Constitution. 
C)  agency's enabling statute. 
D)  Rules must be adopted in compliance with all of the above. 
A)  Administrative Procedures Act. 
B)  U.S.Constitution. 
C)  agency's enabling statute. 
D)  Rules must be adopted in compliance with all of the above.

Question 4

Administrative agencies perform what basic function?

Accepted Answer

A)  Rulemaking 
B)  Law enforcement 
C)  Adjudication 
D)  All of these are functions of administrative agencies. 
A)  Rulemaking 
B)  Law enforcement 
C)  Adjudication 
D)  All of these are functions of administrative agencies.

Question 5

Which of the following is an administrative agency?

Accepted Answer

A)  The EPA 
B)  The FTC 
C)  The SEC 
D)  All of these are administrative agencies. 
A)  The EPA 
B)  The FTC 
C)  The SEC 
D)  All of these are administrative agencies.

Question 6

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 7

Informal rulemaking procedure does not require prior notice of a proposed rule.

Accepted Answer

A) True 
 B)False

Question 8

Compare the adjudication process in an administrative hearing to the judicial process.What takes place at an administrative hearing in contrast to what takes place at a trial in court?

Accepted Answer

When informal methods to resolve an admi

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 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 11

A statute may prohibit judicial review of an agency action.

Accepted Answer

A) True 
 B)False

Question 12

An administrative agency is created when Congress enacts an enabling statute that delegates to the agency the power to issue rules,regulations,and guidelines to carry out its statutory mandate.

Accepted Answer

A) True 
 B)False

Question 13

Administrative agencies could include commissions,boards,bureaus,or departments but not government corporations or offices.

Accepted Answer

A) True 
 B)False

Question 14

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 15

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

Accepted Answer

A) True 
 B)False

Question 16

All administrative agency decisions must include a statement of the appropriate rule,order,sanction,or relief.

Accepted Answer

A) True 
 B)False

Question 17

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 18

The SEC would like to adopt some new rules to protect investors.What factors should it consider as part of the administrative process?

Accepted Answer

Administrative rules can be legislative,

Question 19

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 20

What limits are imposed on administrative agencies by each of the following: (a)the courts; (b)Congress;and (c)the executive branch?

Accepted Answer

The courts exercise a check on administr

Exam 5: Administrative Law

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

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

A federal agency that wishes to adopt administrative rules must do so in compliance with the:

Administrative agencies perform what basic function?

Which of the following is an administrative agency?

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

Informal rulemaking procedure does not require prior notice of a proposed rule.

Compare the adjudication process in an administrative hearing to the judicial process.What takes place at an administrative hearing in contrast to what takes place at a trial in court?

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

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

A statute may prohibit judicial review of an agency action.

An administrative agency is created when Congress enacts an enabling statute that delegates to the agency the power to issue rules,regulations,and guidelines to carry out its statutory mandate.

Administrative agencies could include commissions,boards,bureaus,or departments but not government corporations or offices.

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

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

All administrative agency decisions must include a statement of the appropriate rule,order,sanction,or relief.

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

The SEC would like to adopt some new rules to protect investors.What factors should it consider as part of the administrative process?

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:

What limits are imposed on administrative agencies by each of the following: (a)the courts; (b)Congress;and (c)the executive branch?

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