Question 1

Informal rulemaking procedure does not require prior notice of a proposed rule.

Accepted Answer

A) True 
 B)False

Question 2

The Administrative Dispute Resolution Act:

Accepted Answer

A)  was enacted by Congress in 1980 to help alleviate the caseload on administrative agencies. 
B)  requires federal agencies to use alternative dispute resolution. 
C)  was enacted to require state and federal agencies to use formal methods of dispute resolution. 
D)  authorizes and encourages, but does not require, federal agencies to use techniques such as mediation, conciliation, and arbitration to resolve disputes informally. 
A)  was enacted by Congress in 1980 to help alleviate the caseload on administrative agencies. 
B)  requires federal agencies to use alternative dispute resolution. 
C)  was enacted to require state and federal agencies to use formal methods of dispute resolution. 
D)  authorizes and encourages, but does not require, federal agencies to use techniques such as mediation, conciliation, and arbitration to resolve disputes informally.

Question 3

A statute may preclude judicial review of an agency action.

Accepted Answer

A) True 
 B)False

Question 4

Interpretative rules of administrative agencies are automatically binding on the private parties the agency regulates.

Accepted Answer

A) True 
 B)False

Question 5

An agency's deciding an appealed case de novo means:

Accepted Answer

A)  agency hearings produce evidence of general conditions. 
B)  the agency may hear additional evidence and arguments in deciding whether to revise the findings and conclusions made in the initial decision. 
C)  without regard to new evidence. 
D)  an agency may impose in its orders sanctions, such as penalties. 
A)  agency hearings produce evidence of general conditions. 
B)  the agency may hear additional evidence and arguments in deciding whether to revise the findings and conclusions made in the initial decision. 
C)  without regard to new evidence. 
D)  an agency may impose in its orders sanctions, such as penalties.

Question 6

Which of the following statements is true regarding administrative law judges?

Accepted Answer

A)  They are appointed by the president with the approval of the Senate. 
B)  They may be removed only for good cause. 
C)  The administrative law judge cannot impose sanctions in her orders. 
D)  There are more than twice as many federal judges as there are administrative law judges. 
A)  They are appointed by the president with the approval of the Senate. 
B)  They may be removed only for good cause. 
C)  The administrative law judge cannot impose sanctions in her orders. 
D)  There are more than twice as many federal judges as there are administrative law judges.

Question 7

Federal administrative agencies are charged with all but which of the following?

Accepted Answer

A)  National security 
B)  Labor relations 
C)  Securities markets 
D)  All of these are regulated by federal administrative agencies. 
A)  National security 
B)  Labor relations 
C)  Securities markets 
D)  All of these are regulated by federal administrative agencies.

Question 8

All administrative agency decisions must include a statement of the appropriate rule, order, sanction, or relief.

Accepted Answer

A) True 
 B)False

Question 9

Much of federal, state, and local law in this country has been established by administrative agencies. Because agencies possess tremendous power, many people have labeled them the:

Accepted Answer

A)  independent commissions. 
B)  legislative enforcers. 
C)  fourth branch of government. 
D)  None of these. 
A)  independent commissions. 
B)  legislative enforcers. 
C)  fourth branch of government. 
D)  None of these.

Question 10

The legislature may exercise control of administrative agencies in all of the following ways, EXCEPT:

Accepted Answer

A)  through its budgetary power. 
B)  through the power to appoint and remove chief administrators. 
C)  by amending an enabling statute to increase, modify, or decrease an agency's authority. 
D)  All of these are ways the legislature controls agencies. 
A)  through its budgetary power. 
B)  through the power to appoint and remove chief administrators. 
C)  by amending an enabling statute to increase, modify, or decrease an agency's authority. 
D)  All of these are ways the legislature controls agencies.

Question 11

After investigating a violation, an administrative agency must always use formal procedures to resolve the matter.

Accepted Answer

A) True 
 B)False

Question 12

Administrative hearings are held before a jury, just as are court hearings.

Accepted Answer

A) True 
 B)False

Question 13

What standard does a court use in reviewing the factual determinations of an administrative agency?

Accepted Answer

A)  Whether the adjudication was arbitrary and capricious. 
B)  Whether the conclusions reached are supported by substantial evidence. 
C)  Whether the agency has conducted an adjudication with inadequate fact-finding procedures or whether issues that were not properly before the agency were decided. 
D)  Any one of these, depending on the particular situation. 
A)  Whether the adjudication was arbitrary and capricious. 
B)  Whether the conclusions reached are supported by substantial evidence. 
C)  Whether the agency has conducted an adjudication with inadequate fact-finding procedures or whether issues that were not properly before the agency were decided. 
D)  Any one of these, depending on the particular situation.

Question 14

The President has significant control over administrative agencies housed within the executive branch by virtue of his power to:

Accepted Answer

A)  influence the budgeting process. 
B)  appoint and remove the chief administrator of those agencies. 
C)  impound moneys appropriated to the agency by Congress. 
D)  All of these are powers of the President. 
A)  influence the budgeting process. 
B)  appoint and remove the chief administrator of those agencies. 
C)  impound moneys appropriated to the agency by Congress. 
D)  All of these are powers of the President.

Question 15

When reviewing factual determinations of an administrative agency, the courts must always use the "arbitrary and capricious" test.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following is an administrative agency?

Accepted Answer

A)  The EPA 
B)  The FTC 
C)  The SEC 
D)  All of these are administrative agencies. 
A)  The EPA 
B)  The FTC 
C)  The SEC 
D)  All of these are administrative agencies.

Question 17

What limits are imposed on administrative agencies by each of the following: (a) the courts; (b) Congress; and (c)
the executive branch?

Accepted Answer

The courts exercise a check on administr

Question 18

Interpretative rules are exempt from the APA's procedural requirements of notice and comment.

Accepted Answer

A) True 
 B)False

Question 19

Administrative agencies establish rules, and then act as both prosecutor and judge in determining whether the rules have been violated.

Accepted Answer

A) True 
 B)False

Question 20

Administrative agencies perform what basic function?

Accepted Answer

A)  Rulemaking 
B)  Law enforcement 
C)  Adjudication 
D)  All of these are functions of administrative agencies. 
A)  Rulemaking 
B)  Law enforcement 
C)  Adjudication 
D)  All of these are functions of administrative agencies.

Exam 5: Administrative Law

Informal rulemaking procedure does not require prior notice of a proposed rule.

The Administrative Dispute Resolution Act:

A statute may preclude judicial review of an agency action.

Interpretative rules of administrative agencies are automatically binding on the private parties the agency regulates.

An agency's deciding an appealed case de novo means:

Which of the following statements is true regarding administrative law judges?

Federal administrative agencies are charged with all but which of the following?

All administrative agency decisions must include a statement of the appropriate rule, order, sanction, or relief.

Much of federal, state, and local law in this country has been established by administrative agencies. Because agencies possess tremendous power, many people have labeled them the:

The legislature may exercise control of administrative agencies in all of the following ways, EXCEPT:

After investigating a violation, an administrative agency must always use formal procedures to resolve the matter.

Administrative hearings are held before a jury, just as are court hearings.

What standard does a court use in reviewing the factual determinations of an administrative agency?

The President has significant control over administrative agencies housed within the executive branch by virtue of his power to:

When reviewing factual determinations of an administrative agency, the courts must always use the "arbitrary and capricious" test.

Which of the following is an administrative agency?

What limits are imposed on administrative agencies by each of the following: (a) the courts; (b) Congress; and (c) the executive branch?

Interpretative rules are exempt from the APA's procedural requirements of notice and comment.

Administrative agencies establish rules, and then act as both prosecutor and judge in determining whether the rules have been violated.

Administrative agencies perform what basic function?

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