Question 1

Parties seeking to challenge agency action must have standing and must have exhausted their administrative remedies.

Accepted Answer

A) True 
 B)False

Question 2

The Environmental Protection Agency (EPA) would like to adopt some new rules regarding environmental impact statements, but it is afraid that if too many people know about them ahead of time, the adverse publicity will force the agency to amend them. To avoid any public comment, the agency seeks to adopt the rules without publishing them. Which of the following statements is true regarding the agency's actions?

Accepted Answer

A)  The agency has a right to act in this way and a duty to be efficient with taxpayer money. 
B)  The rules in this instance are procedural in nature and therefore are not required to be published. 
C)  The agency is seeking to adopt the rules by a procedure that violates the rulemaking procedures set forth in the APA. 
D)  The agency has no rulemaking authority, because only Congress can make legislative rules. 
A)  The agency has a right to act in this way and a duty to be efficient with taxpayer money. 
B)  The rules in this instance are procedural in nature and therefore are not required to be published. 
C)  The agency is seeking to adopt the rules by a procedure that violates the rulemaking procedures set forth in the APA. 
D)  The agency has no rulemaking authority, because only Congress can make legislative rules.

Question 3

Congress appoints and removes the chief administrators of federal administrative agencies.

Accepted Answer

A) True 
 B)False

Question 4

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 5

What is the name given to the process by which an administrative agency promulgates statements designed to implement, interpret, or process law or policy?

Accepted Answer

A)  Rulemaking 
B)  Lobbying 
C)  Adjudication 
D)  Enforcement 
A)  Rulemaking 
B)  Lobbying 
C)  Adjudication 
D)  Enforcement

Question 6

What is required by the substantial evidence test?

Accepted Answer

A)  The conclusions reached must be supported by such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. 
B)  It permits the court to try the facts de novo. 
C)  It requires that the agency set aside action if it is prejudicial. 
D)  It requires proof beyond a reasonable doubt. 
A)  The conclusions reached must be supported by such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. 
B)  It permits the court to try the facts de novo. 
C)  It requires that the agency set aside action if it is prejudicial. 
D)  It requires proof beyond a reasonable doubt.

Question 7

The is the federal public records statute requiring most records in agency files to be open to the public.

Accepted Answer

A)  FOIA 
B)  APA 
C)  ALJ 
D)  Government in the Sunshine Act 
A)  FOIA 
B)  APA 
C)  ALJ 
D)  Government in the Sunshine Act

Question 8

Administrative statutes, often called regulations, issued by an agency are:

Accepted Answer

A)  legislative rules. 
B)  enabling statutes. 
C)  appropriations. 
D)  orders. 
A)  legislative rules. 
B)  enabling statutes. 
C)  appropriations. 
D)  orders.

Question 9

Enabling statutes may not impose more stringent procedural requirements for promulgating legislative rules than those found in the APA.

Accepted Answer

A) True 
 B)False

Question 10

Only documentary evidence may be admitted at an administrative hearing.

Accepted Answer

A) True 
 B)False

Question 11

The Privacy Act:

Accepted Answer

A)  prohibits any disclosures of records covered by the Act to the individuals about whom information has been collected. 
B)  is another name for the Freedom of Information Act. 
C)  requires agencies to collect information to the greatest extent practicable directly from the individual affected. 
D)  requires agencies, after six years, to delete the information gathered about an individual. 
A)  prohibits any disclosures of records covered by the Act to the individuals about whom information has been collected. 
B)  is another name for the Freedom of Information Act. 
C)  requires agencies to collect information to the greatest extent practicable directly from the individual affected. 
D)  requires agencies, after six years, to delete the information gathered about an individual.

Question 12

The APA's requirements that the agency provide prior notice of a proposed rule, an opportunity for interested parties to participate in the rulemaking, and publication of a final draft containing a concise general statement of the rule's basis and purpose are the requirements for issuance of rules in accordance with:

Accepted Answer

A)  formal rulemaking. 
B)  hybrid rulemaking. 
C)  informal rulemaking. 
D)  negotiated rulemaking. 
A)  formal rulemaking. 
B)  hybrid rulemaking. 
C)  informal rulemaking. 
D)  negotiated rulemaking.

Question 13

Only records specifically exempted from disclosure by statute are exempt from FOIA.

Accepted Answer

A) True 
 B)False

Question 14

Most legislative rules are issued in accordance with the informal rulemaking procedures of the Administrative
Procedure Act (APA).

Accepted Answer

A) True 
 B)False

Question 15

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 16

Agencies may deny access to which of the following types of records?

Accepted Answer

A)  Those related to national defense and specifically authorized to be kept secret 
B)  Those relating to internal personnel rules 
C)  Trade secrets 
D)  All of these. 
A)  Those related to national defense and specifically authorized to be kept secret 
B)  Those relating to internal personnel rules 
C)  Trade secrets 
D)  All of these.

Question 17

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 18

Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by that agency is then appealed to the courts, the court will generally apply what test in reviewing factual determinations?

Accepted Answer

A)  The unwarranted by the facts standard. 
B)  The substantial evidence test. 
C)  The arbitrary and capricious test. 
D)  The beyond a reasonable doubt standard. 
A)  The unwarranted by the facts standard. 
B)  The substantial evidence test. 
C)  The arbitrary and capricious test. 
D)  The beyond a reasonable doubt standard.

Question 19

Only the federal government creates administrative law.

Accepted Answer

A) True 
 B)False

Question 20

Criticism of administrative agencies includes that they:

Accepted Answer

A)  lack the knowledge or time necessary to provide continuous and flexible solutions to evolving regulatory problems. 
B)  lack the broad powers necessary to effectively deal with regulatory problems. 
C)  are in effect miniature independent governments which have too much power concentration since the same bodies establish rules and then act as prosecutors and judges in determining whether those rules have been violated. 
D)  All of these are valid criticisms. 
A)  lack the knowledge or time necessary to provide continuous and flexible solutions to evolving regulatory problems. 
B)  lack the broad powers necessary to effectively deal with regulatory problems. 
C)  are in effect miniature independent governments which have too much power concentration since the same bodies establish rules and then act as prosecutors and judges in determining whether those rules have been violated. 
D)  All of these are valid criticisms.

Exam 5: Administrative Law

Parties seeking to challenge agency action must have standing and must have exhausted their administrative remedies.

Congress appoints and removes the chief administrators of federal administrative agencies.

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

What is the name given to the process by which an administrative agency promulgates statements designed to implement, interpret, or process law or policy?

What is required by the substantial evidence test?

The is the federal public records statute requiring most records in agency files to be open to the public.

Administrative statutes, often called regulations, issued by an agency are:

Enabling statutes may not impose more stringent procedural requirements for promulgating legislative rules than those found in the APA.

Only documentary evidence may be admitted at an administrative hearing.

The Privacy Act:

Only records specifically exempted from disclosure by statute are exempt from FOIA.

Most legislative rules are issued in accordance with the informal rulemaking procedures of the Administrative Procedure Act (APA).

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

Agencies may deny access to which of the following types of records?

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

Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by that agency is then appealed to the courts, the court will generally apply what test in reviewing factual determinations?

Only the federal government creates administrative law.

Criticism of administrative agencies includes that they:

Introduction to Law

Business Ethics and the Social Responsibility of Business

Civil Dispute Resolution

Constitutional 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

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

the Legal Environment of Business

Contracts

Agency

Sales

Negotiable Instruments

Unincorporated Business Associations

Corporations

Debtor and Creditor Relations

Regulation of Business

Property

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