Question 1

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 A

Question 2

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.

Accepted Answer

A)  administrative review 
B)  federal mediation 
C)  regulatory negotiations 
D)  rule arbitration 
A)  administrative review 
B)  federal mediation 
C)  regulatory negotiations 
D)  rule arbitration C

Question 3

__________ 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 C

Question 4

The Fifth Amendment's protection against self-incrimination does not apply to corporations.

Accepted Answer

A) True 
 B)False

Question 5

In CASE 6.2 City of Arlington v.Federal Communications Commission (2013)the U.S.Supreme Court considered:

Accepted Answer

A)  whether the judicial deference typically afforded by courts applied to the FCC'S determination that it had the power to act. 
B)  whether Congress required the FCC to enact a regulatory program that had a deadline for the issuance of final regulations. 
C)  the fundamental principle that FCC employees acting beyond their authority can bind the federal government. 
D)  whether all appropriate procedures within the FCC had been exhausted within the Administrative Procedure Act. 
A)  whether the judicial deference typically afforded by courts applied to the FCC'S determination that it had the power to act. 
B)  whether Congress required the FCC to enact a regulatory program that had a deadline for the issuance of final regulations. 
C)  the fundamental principle that FCC employees acting beyond their authority can bind the federal government. 
D)  whether all appropriate procedures within the FCC had been exhausted within the Administrative Procedure Act.

Question 6

As set forth in the text,what are the seven basic steps for working successfully with an administrative agency?

Accepted Answer

1.Investigate the applicable standards t

Question 7

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 8

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

Accepted Answer

A)  First 
B)  Fourth 
C)  Fifth 
D)  Seventh 
A)  First 
B)  Fourth 
C)  Fifth 
D)  Seventh

Question 9

Generally,an administrative agency may only do what Congress or the state legislature has authorized it to do.

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

Generally,federal administrative agencies are 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.

Question 12

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.

Accepted Answer

Courts will not hear cases until they ar

Question 13

In theUnited States v Morgancase referenced in the text,the U.S.Supreme Court ruled it __________ for a court to permit questions regarding the __________ of the agency.

Accepted Answer

A)  impermissible, ripeness 
B)  impermissible, subpoena powers 
C)  permissible, mental processes 
D)  impermissible, mental processes 
A)  impermissible, ripeness 
B)  impermissible, subpoena powers 
C)  permissible, mental processes 
D)  impermissible, mental processes

Question 14

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 15

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.

Accepted Answer

A) True 
 B)False

Question 16

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 17

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

Accepted Answer

A) True 
 B)False

Question 18

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 19

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 20

In CASE 6.1Free Enterprise Fund v.Public Company Accounting Oversight Board(2010)before the U.S.Supreme Court,the plaintiffs brought various constitutional challenges involving the appointment and standards for removal of members of the Public Company Accounting Oversight Board.How did the Court rule and why?

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.

Exam 6: Administrative Law.

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

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.

__________ has been called the lifeblood of administrative agencies.

The Fifth Amendment's protection against self-incrimination does not apply to corporations.

In CASE 6.2 City of Arlington v.Federal Communications Commission (2013)the U.S.Supreme Court considered:

As set forth in the text,what are the seven basic steps for working successfully with an administrative agency?

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

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

Generally,an administrative agency may only do what Congress or the state legislature has authorized it to do.

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

Generally,federal administrative agencies are created by:

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.

In theUnited States v Morgancase referenced in the text,the U.S.Supreme Court ruled it __________ for a court to permit questions regarding the __________ of the agency.

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 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.

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.

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

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

A formal administrative adjudication does not include the right to:

Law, Value Creation, and Risk Management.

Ethics and the Law.

Sources of Law, Courts, 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 and Sustainability.

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 Law and Transactions.

Filters

In theUnited States v Morgancase referenced in the text,the U.S.Supreme Court ruled it for a court to permit questions regarding the of the agency.