Question 1

Courts will generally defer to an agency's construction of a statute within its area of expertise.

Accepted Answer

A) True 
 B)False  True

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, another resident, 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. A

Question 3

Which of the following was the result before the U.S.Supreme Court in Free Enterprise Fund v.Public Company Accounting Oversight Board,the case in the text in which the plaintiffs brought various constitutional challenges involving the appointment and standards for removal of
Members of the Public Company Accounting Oversight Board?

Accepted Answer

A)  That limitations on the removal of Board members contravened the Constitution's separation of powers and that the unconstitutional provisions were not severable from the remainder of the statute. 
B)  That limitations on the removal of Board members contravened the Constitution's separation of powers but that the unconstitutional provisions were severable from the remainder of the statute. 
C)  That limitations on the removal of Board members were constitutional. 
D)  That limitations on the removal of Board members were constitutional only so long as the executive branch failed to challenge the restrictions placed on the president. 
A)  That limitations on the removal of Board members contravened the Constitution's separation of powers and that the unconstitutional provisions were not severable from the remainder of the statute. 
B)  That limitations on the removal of Board members contravened the Constitution's separation of powers but that the unconstitutional provisions were severable from the remainder of the statute. 
C)  That limitations on the removal of Board members were constitutional. 
D)  That limitations on the removal of Board members were constitutional only so long as the executive branch failed to challenge the restrictions placed on the president. B

Question 4

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.

Accepted Answer

A) True 
 B)False

Question 5

A court will require an agency to comply with its own procedural rules and thus conform to the

Accepted Answer

A)  due process clause 
B)  Seventh Amendment 
C)  both the due process clause and the Seventh Amendment 
D)  neither the due process clause nor the Seventh Amendment 
A)  due process clause 
B)  Seventh Amendment 
C)  both the due process clause and the Seventh Amendment 
D)  neither the due process clause nor the Seventh Amendment

Question 6

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, another resident, 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?

Accepted Answer

A)  That courts have no authority to determine the validity of agency regulations. 
B)  That the issue is nor ripe for determination. 
C)  That Mona must be a property owner in the jurisdiction in order to challenge the agency regulation. 
D)  That Mona is guilty of self incrimination. 
A)  That courts have no authority to determine the validity of agency regulations. 
B)  That the issue is nor ripe for determination. 
C)  That Mona must be a property owner in the jurisdiction in order to challenge the agency regulation. 
D)  That Mona is guilty of self incrimination.

Question 7

Which of the following presides over formal agency adjudications at the federal level?

Accepted Answer

A)  An administrative law judge 
B)  A federal magistrate 
C)  A federal district judge 
D)  A judicial commissioner 
A)  An administrative law judge 
B)  A federal magistrate 
C)  A federal district judge 
D)  A judicial commissioner

Question 8

What are the four primary ways in which an administrative agency functions?

Accepted Answer

A)  Making rules, conducting formal adjudications, taking informal discretionary actions, and conducting investigations. 
B)  Issuing notice, conducting formal adjudications, taking informal discretionary actions, and conducting investigations. 
C)  Issuing notice, making rules, taking informal discretionary actions, and conducting investigations. 
D)  Making rules, conducting informal adjudications, taking formal discretionary actions, and conducting investigations. 
A)  Making rules, conducting formal adjudications, taking informal discretionary actions, and conducting investigations. 
B)  Issuing notice, conducting formal adjudications, taking informal discretionary actions, and conducting investigations. 
C)  Issuing notice, making rules, taking informal discretionary actions, and conducting investigations. 
D)  Making rules, conducting informal adjudications, taking formal discretionary actions, and conducting investigations.

Question 9

Discuss the general rule regarding when a court will entertain an appeal to an administrative process and the reason for the rule.

Accepted Answer

The general rule is that a court will no

Question 10

Which of the following agencies was created following the terrorist attacks of September 11,2001,to be responsible for civilian aspects of national security?

Accepted Answer

A)  The Stateside Protection Commission 
B)  The Department of Homeland Security 
C)  The Department for Protection of Civilians 
D)  The Critical Civilian Defense and Protection Agency 
A)  The Stateside Protection Commission 
B)  The Department of Homeland Security 
C)  The Department for Protection of Civilians 
D)  The Critical Civilian Defense and Protection Agency

Question 11

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

Accepted Answer

A)  records related solely to the internal personnel rules and practice of an agency. 
B)  reports prepared by Congress regarding the regulation of an agency. 
C)  trade secrets or confidential commercial and financial information. 
D)  information compiled for law enforcement purposes. 
A)  records related solely to the internal personnel rules and practice of an agency. 
B)  reports prepared by Congress regarding the regulation of an agency. 
C)  trade secrets or confidential commercial and financial information. 
D)  information compiled for law enforcement purposes.

Question 12

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 13

Administrative agencies are usually part of the legislative branch.

Accepted Answer

A) True 
 B)False

Question 14

Federal administrative rules that are not properly published in the Federal Reporter are void.

Accepted Answer

A) True 
 B)False

Question 15

Which of the following is true regarding review of agency procedures?

Accepted Answer

A)  Agency procedures are not required to conform to the requirements of the Due Process Clause. 
B)  Federal courts set agency procedures. 
C)  A court may require that an agency comply with its own procedural rules. 
D)  Both that federal courts set agency procedures and that a court may require that an agency comply with its own procedural rules. 
A)  Agency procedures are not required to conform to the requirements of the Due Process Clause. 
B)  Federal courts set agency procedures. 
C)  A court may require that an agency comply with its own procedural rules. 
D)  Both that federal courts set agency procedures and that a court may require that an agency comply with its own procedural rules.

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

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

Accepted Answer

A) True 
 B)False

Question 19

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 and also because it granted entitlements not set forth in the Family and Medical Leave Act. 
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 and also because it granted entitlements not set forth in the Family and Medical Leave Act. 
D)  The U.S. Supreme Court invalidated the regulation because it had not first been approved by the executive branch.

Question 20

Actions of administrative agencies often affect businesses but rarely affect individuals.

Accepted Answer

A) True 
 B)False

Courts will generally defer to an agency's construction of a statute within its area of expertise.

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.

A court will require an agency to comply with its own procedural rules and thus conform to the

Which of the following presides over formal agency adjudications at the federal level?

What are the four primary ways in which an administrative agency functions?

Discuss the general rule regarding when a court will entertain an appeal to an administrative process and the reason for the rule.

Which of the following agencies was created following the terrorist attacks of September 11,2001,to be responsible for civilian aspects of national security?

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

A formal administrative adjudication does not include the right to

Administrative agencies are usually part of the legislative branch.

Federal administrative rules that are not properly published in the Federal Reporter are void.

Which of the following is true regarding review of agency procedures?

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

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

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

Actions of administrative agencies often affect businesses but rarely affect individuals.

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

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

Exam 6: Administrative Law

Courts will generally defer to an agency's construction of a statute within its area of expertise.

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.

A court will require an agency to comply with its own procedural rules and thus conform to the

Which of the following presides over formal agency adjudications at the federal level?

What are the four primary ways in which an administrative agency functions?

Discuss the general rule regarding when a court will entertain an appeal to an administrative process and the reason for the rule.

Which of the following agencies was created following the terrorist attacks of September 11,2001,to be responsible for civilian aspects of national security?

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

A formal administrative adjudication does not include the right to

Administrative agencies are usually part of the legislative branch.

Federal administrative rules that are not properly published in the Federal Reporter are void.

Which of the following is true regarding review of agency procedures?

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

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

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

Actions of administrative agencies often affect businesses but rarely affect individuals.

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

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