Exam 6: Administrative Law

Under the arbitrary and capricious standard,if the agency has a choice between several courses of action,a reviewing court will presume that the chosen course is

Fact pattern 6-1 Bruce had a disagreement with a new federal agency set up to give additional funds for college to individuals with an aptitude for math.After a hearing,the agency determined that Bruce had no aptitude for math and that he would not receive any funding.Bruce,however,was not discouraged.He told his friend Laura,who just graduated from law school,that he would simply appeal the decision to federal court,have the judge do a fresh review,and provide additional information to the judge regarding his math aptitude that the agency did not have.He feels certain that he will win at the federal court level. -Refer to fact pattern 6-1.Assuming the decision by the administrative agency was a factual finding,what should Laura tell Bruce regarding the standard of review the administrative agency will likely apply?

Under the Patriot Act,if a federal agent investigating a terrorist threat wants to search personal belongings,then "upon an application made pursuant to (section 215 of the Patriot Act),the judge ________ enter (the order).

Fact pattern 6-2 Officials of the town of Sunnyville were concerned about the number of dogs running loose.They set up a new administrative agency called "Dog Control." The new agency issued a regulation that all dogs must be on leash in public.Tony who had moved to Sunnyville in the previous month did not own a dog and had no plans to get one.He,however,thought the regulation was outrageous and decided to sue on the basis that it was not validly enacted.Mona was also concerned about the law.She rents a home with a fence in the backyard that was in public view.She was concerned that the regulation would be applied to her dogs while in the fenced area.She decided to bring a preemptive strike and sue the city for revocation of the regulation before the city could sue her.Both Tony and Mona rush to file suit before the city has a chance to take any action to enforce the new rule. -Refer to fact pattern 6-2.Of the following arguments,which is the best for the city to raise in the lawsuit brought by Mona?

The federal statute authorizing individuals to obtain copies of government records on any subject that is of interest is known as

Administrative agencies have been referred to as the fourth branch of the U.S.Government.

Which of the following is false regarding the power of administrative agencies?

What are the seven basic steps referenced in the text for working successfully with an administrative agency?

Libertarians claim that the greatest threat to the separation-of-powers doctrine in American history is embodied in the Patriot Act.

Which categories of documents in the federal government's possession may the government refuse to provide for public inspection under the Freedom of Information Act?

Fact pattern 6-1 Bruce had a disagreement with a new federal agency set up to give additional funds for college to individuals with an aptitude for math.After a hearing,the agency determined that Bruce had no aptitude for math and that he would not receive any funding.Bruce,however,was not discouraged.He told his friend Laura,who just graduated from law school,that he would simply appeal the decision to federal court,have the judge do a fresh review,and provide additional information to the judge regarding his math aptitude that the agency did not have.He feels certain that he will win at the federal court level. -Refer to fact pattern 6-1.What should Laura tell Bruce regarding his plan to provide additional evidence to the federal court judge?

The U.S.Constitution does not specifically provide for administrative agencies.

The Fifth Amendment's protection against self-incrimination applies to all records including all those that the government requires to be kept.

A first step in rule making requires the administrative agency to give notice to the public of its proposed rule.

The Fifth Amendment's protection against self-incrimination does not apply to corporations.

Failure to comply with regulations set in place by agencies may result in the imposition of fines as well as the revocation of licenses and permits.

Defendants are entitled to a jury trial in administrative proceedings.

Explain the process that an administrative agency must follow to create and implement a new rule.

Which of the following is not exempt from a Freedom of Information Act request?

An administrative agency can adopt rules that go beyond the authority granted by Congress.