Exam 6: Administrative Law

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?

Reasons for creating administrative agencies include:

The U.S.government has adopted __________ to facilitate seeking consensus of the most affected groups regarding the substance of new regulations,a process which arose from the Japanese style of negotiation.

________ by administrative agencies provide a practical decision-making process for repetitive,frequent actions that are inappropriate to litigate in courts.

Which of the following was the result in Comcast Corp.v.FCC,the case in the text addressing whether the FCC has the authority to regulate in Internet service provider's network management practices?

________ has been called the lifeblood of administrative agencies.

The legislature may probe agency officials to determine why they acted as they did.

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 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

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

Discuss what is meant by the "ripeness doctrine,why it is needed,when issues involve ripeness usually occur,and when a dispute is generally ripe for determination.

The general rule is that agency action is ripe for judicial review when the impact of the action is sufficiently direct and immediate as to make review appropriate.

The protection of the ________ Amendment against unreasonable searches and seizures has been largely obliterated by the courts in the area of administrative law.

After the passage of the National Environmental Policy Act,

Critics of administrative agencies claim that they violate the doctrine of separation of powers.Explain the basis for this criticism.Explain why agencies are so prevalent despite the absence of any explicit provision for their existence in the Constitution.Discuss fully.

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

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

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

Which of the following is exempt from the Administrative Procedure Act's requirement that the public be given notice and an opportunity to comment before a federal agency can promulgate a rule?

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