Question 1

An administrative law judge does not have the power to

Accepted Answer

A) rule on offers of relevant evidence 
B) issue subpoenas 
C) call in a jury 
D) authorize depositions 
A) rule on offers of relevant evidence 
B) issue subpoenas 
C) call in a jury 
D) authorize depositions

Question 2

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.Which of the following is the best defense the city has against the lawsuit brought by Tony?

Accepted Answer

A) That Tony lacks standing to sue. 
B) That courts have no authority to determine the validity of agency rules. 
C) That Tony lacks permission of the agency to sue since authorization of the agency is required prior to a lawsuit challenging the validity of an agency regulation. 
D) That Tony has not lived in the jurisdiction for at least a year since residence in the jurisdiction for at least a year is required in order to challenge the validity of a local regulation. 
A) That Tony lacks standing to sue. 
B) That courts have no authority to determine the validity of agency rules. 
C) That Tony lacks permission of the agency to sue since authorization of the agency is required prior to a lawsuit challenging the validity of an agency regulation. 
D) That Tony has not lived in the jurisdiction for at least a year since residence in the jurisdiction for at least a year is required in order to challenge the validity of a local regulation.

Question 3

The president of a company wishes to comment on a proposed administrative agency rule.What does a comment letter usually contain?

Accepted Answer

(1)Identification of the company involve

Question 4

After the passage of the National Environmental Policy Act,

Accepted Answer

A) each federal agency assumed a new procedural obligation to consider the environmental impacts of its proposed actions and the alternatives to those impacts. 
B) each federal agency had to take "substantial" steps to reduce any environmental harm caused by it. 
C) each federal agency had to take "reasonable steps to reduce any environmental harm caused by it. 
D) each federal agency had to seek approval from the applicable state legislature before taking action that would have an environmental impact in that state. 
A) each federal agency assumed a new procedural obligation to consider the environmental impacts of its proposed actions and the alternatives to those impacts. 
B) each federal agency had to take "substantial" steps to reduce any environmental harm caused by it. 
C) each federal agency had to take "reasonable steps to reduce any environmental harm caused by it. 
D) each federal agency had to seek approval from the applicable state legislature before taking action that would have an environmental impact in that state.

Question 5

________ has been called the lifeblood of administrative agencies.

Accepted Answer

A) Rule making 
B) Administrative adjudication 
C) Informal discretionary action 
D) Policy 
A) Rule making 
B) Administrative adjudication 
C) Informal discretionary action 
D) Policy

Question 6

A final agency rule is codified and added to the ____________.

Accepted Answer

A) Code of Federal Regulations 
B) Code of Uniform Regulations 
C) Code of Legislative Regulations 
D) Code of Federal Reporting 
A) Code of Federal Regulations 
B) Code of Uniform Regulations 
C) Code of Legislative Regulations 
D) Code of Federal Reporting

Question 7

Constitutional issues raised by the creation of administrative agencies include which of the following?

Accepted Answer

A) Separation of powers. 
B) Proper delegation of authority. 
C) Limits imposed on agency actions by the twenty-first amendment. 
D) Separation of powers and proper delegation of authority,but not limits imposed on agency actions by the twenty-first amendment. 
A) Separation of powers. 
B) Proper delegation of authority. 
C) Limits imposed on agency actions by the twenty-first amendment. 
D) Separation of powers and proper delegation of authority,but not limits imposed on agency actions by the twenty-first amendment.

Question 8

A rule made by a federal agency is not final until approved by Congress.

Accepted Answer

A) True 
 B)False

Question 9

When an administrative agency adopts a regulation,it becomes binding on the

Accepted Answer

A) agency 
B) public 
C) Congress 
D) the agency and the public,but not Congress 
A) agency 
B) public 
C) Congress 
D) the agency and the public,but not Congress

Question 10

Agencies lack the authority to conduct formal adjudications.

Accepted Answer

A) True 
 B)False

Question 11

The Internal Revenue Service needs specific cause to order an audit of a company's tax records.

Accepted Answer

A) True 
 B)False

Question 12

The U.S.Supreme Court has repeatedly upheld the fundamental principle that government employees acting beyond their authority can still bind the government.

Accepted Answer

A) True 
 B)False

Question 13

A formal administrative adjudication does not include the right to

Accepted Answer

A) a jury trial 
B) an attorney 
C) present your evidence 
D) participate in the proceeding 
A) a jury trial 
B) an attorney 
C) present your evidence 
D) participate in the proceeding

Question 14

The first Congress established ____ administrative agencies.

Accepted Answer

A) one 
B) ten 
C) no 
D) three 
A) one 
B) ten 
C) no 
D) three

Question 15

What was the result in Ragsdale v.Wolverine World Wide,involving whether the Department of Labor could validly institute a regulation giving an employee the right to an additional twelve weeks of family or medical leave if the employer failed to notify the employee that the twelve weeks of leave provided by the Family and Medical Leave Act ran concurrently with the thirty weeks of paid disability leave provided by the employer?

Accepted Answer

A) The U.S.Supreme Court invalidated the regulation because it granted entitlements not set forth in the Family and Medical Leave Act and that were inconsistent with the purpose of the Act. 
B) The U.S.Supreme court upheld the regulation as a valid exercise of the Department of Labor's power. 
C) The U.S.Supreme Court invalidated the regulation because it had not first been approved by a federal judge. 
D) The U.S.Supreme Court invalidated the regulation because it had not first been approved by the executive branch. 
A) The U.S.Supreme Court invalidated the regulation because it granted entitlements not set forth in the Family and Medical Leave Act and that were inconsistent with the purpose of the Act. 
B) The U.S.Supreme court upheld the regulation as a valid exercise of the Department of Labor's power. 
C) The U.S.Supreme Court invalidated the regulation because it had not first been approved by a federal judge. 
D) The U.S.Supreme Court invalidated the regulation because it had not first been approved by the executive branch.

Question 16

Reasons for creating administrative agencies include:

Accepted Answer

A) Congress lacks the time to address all of the areas that it controls. 
B) Congress lacks the necessary expertise in all of the areas it controls. 
C) Congress does not have the power to regulate certain areas. 
D) Both that Congress lacks the time to address all of the areas that it controls and that Congress lacks the necessary expertise in all of the areas it controls. 
A) Congress lacks the time to address all of the areas that it controls. 
B) Congress lacks the necessary expertise in all of the areas it controls. 
C) Congress does not have the power to regulate certain areas. 
D) Both that Congress lacks the time to address all of the areas that it controls and that Congress lacks the necessary expertise in all of the areas it controls.

Question 17

Discuss fully the standard used to review an agency's factual findings in formal adjudications.

Accepted Answer

Courts use a substantial evidence standa

Question 18

What three-step procedure does an agency follow in order to promulgate rules or regulations,and in what order is the procedure performed?

Accepted Answer

A) (1)Evaluation of comments (2)notice to the public (3)adoption. 
B) (1)Notice to the public (2)evaluation of comments (3)adoption. 
C) (1)Voting (2)evaluation of comments (3)adoption. 
D) (1)Adoption (2)notice (3)evaluation of results. 
A) (1)Evaluation of comments (2)notice to the public (3)adoption. 
B) (1)Notice to the public (2)evaluation of comments (3)adoption. 
C) (1)Voting (2)evaluation of comments (3)adoption. 
D) (1)Adoption (2)notice (3)evaluation of results.

Question 19

The Patriot Act gives the ___________ branch of government broad new powers in the name of fighting terrorism.

Accepted Answer

A) executive 
B) judicial 
C) legislative 
D) fourth (agency) 
A) executive 
B) judicial 
C) legislative 
D) fourth (agency)

Question 20

Federal administrative agencies are normally created by

Accepted Answer

A) Congress 
B) the President 
C) the Supreme Court 
D) the United States Constitution 
A) Congress 
B) the President 
C) the Supreme Court 
D) the United States Constitution

Exam 6: Administrative Law

An administrative law judge does not have the power to

The president of a company wishes to comment on a proposed administrative agency rule.What does a comment letter usually contain?

After the passage of the National Environmental Policy Act,

________ has been called the lifeblood of administrative agencies.

A final agency rule is codified and added to the ____________.

Constitutional issues raised by the creation of administrative agencies include which of the following?

A rule made by a federal agency is not final until approved by Congress.

When an administrative agency adopts a regulation,it becomes binding on the

Agencies lack the authority to conduct formal adjudications.

The Internal Revenue Service needs specific cause to order an audit of a company's tax records.

The U.S.Supreme Court has repeatedly upheld the fundamental principle that government employees acting beyond their authority can still bind the government.

A formal administrative adjudication does not include the right to

The first Congress established ____ administrative agencies.

Reasons for creating administrative agencies include:

Discuss fully the standard used to review an agency's factual findings in formal adjudications.

What three-step procedure does an agency follow in order to promulgate rules or regulations,and in what order is the procedure performed?

The Patriot Act gives the ___________ branch of government broad new powers in the name of fighting terrorism.

Federal administrative agencies are normally created by

law, value creation, and risk management

Ethics ant the law

Courts, sources of law, and dispute resolution

Constitutional bases for business regulation

Agency

Contracts

sales, licensing, and e-commerce

Torts and Privacy protection

product liability

Intellectual property

The employment agreement

civil rights and employment discrimination

executive compensation and employee benefits

Criminal law

Environmental law

Antitrust

Consumer Protection

real property and land use

Forms of business organizations

Directors, Officers, and Controlling Shareholders

Public and Private Offerings of Securities

Securities Fraud and insider trading

Debtor-Creditor Relations and Bankruptcy

International Business

Filters