Question 1

A final agency rule is codified and added to the:

Accepted Answer

A)  Code of Federal Regulations. 
B)  Code of Uniform Regulations. 
C)  Code of Legislative Regulations. 
D)  Code of Federal Reporting. 
A)  Code of Federal Regulations. 
B)  Code of Uniform Regulations. 
C)  Code of Legislative Regulations. 
D)  Code of Federal Reporting.

Question 2

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

Accepted Answer

A) True 
 B)False

Question 3

Brianna is in charge of new federal agency set up to monitor farming operations.The agency wishes to institute a rule regarding the use of pesticides.Brianna tells her associates to publish the proposed rule but to decline taking comments on the rule because she does not want to deal with unhappy farmers.Assuming you are legal counsel to the agency,what would you tell Brianna regarding her plan to refuse comments on the proposed rule?

Accepted Answer

A)  That her plan is a bad one because the Administrative Procedure Act requires that the public be given an opportunity to comment before a federal agency can promulgate a rule. 
B)  That her plan is a bad one because while the Administrative Procedure Act does not generally require that the public be given an opportunity to comment, it does require that agencies take public comments when food safety is involved. 
C)  That her plan is a bad one because while the Administrative Procedure Act does not generally require that the public be given an opportunity to comment, it does require that agencies take public comments in all cases other than rule involving taxation. 
D)  That her plan is a good one. 
A)  That her plan is a bad one because the Administrative Procedure Act requires that the public be given an opportunity to comment before a federal agency can promulgate a rule. 
B)  That her plan is a bad one because while the Administrative Procedure Act does not generally require that the public be given an opportunity to comment, it does require that agencies take public comments when food safety is involved. 
C)  That her plan is a bad one because while the Administrative Procedure Act does not generally require that the public be given an opportunity to comment, it does require that agencies take public comments in all cases other than rule involving taxation. 
D)  That her plan is a good one.

Question 4

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 5

Administrative agencies have subpoena power to make mandatory requests for information.

Accepted Answer

A) True 
 B)False

Question 6

Agencies are usually part of which branch of government?

Accepted Answer

A)  Judicial 
B)  Legislative 
C)  Executive 
D)  They are equally split between the legislative and executive branches 
A)  Judicial 
B)  Legislative 
C)  Executive 
D)  They are equally split between the legislative and executive branches

Question 7

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 8

Rules adopted by a federal agency are published in the:

Accepted Answer

A)  Federal Reporter. 
B)  Federal Register. 
C)  Uniform Register. 
D)  Legislative Reporter. 
A)  Federal Reporter. 
B)  Federal Register. 
C)  Uniform Register. 
D)  Legislative Reporter.

Question 9

The federal statute authorizing individuals to obtain copies of government records on any subject that is of interest is known as:

Accepted Answer

A)  the Federal Register. 
B)  the Code of Federal Regulations. 
C)  the Freedom of Information Act. 
D)  discovery. 
A)  the Federal Register. 
B)  the Code of Federal Regulations. 
C)  the Freedom of Information Act. 
D)  discovery.

Question 10

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 11

Courts will generally not defer to an agency's construction (interpretation)of a statute,even if it is within the agency's area of expertise.

Accepted Answer

A) True 
 B)False

Question 12

Which categories of documents in the federal government's possession may the government refuse to provide for public inspection under the Freedom of Information Act?

Accepted Answer

1.Records required by an executive order

Question 13

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

Accepted Answer

(1)Identification of the company involve

Question 14

The first Congress established _____ administrative agencies.

Accepted Answer

A)  one 
B)  ten 
C)  no 
D)  three 
A)  one 
B)  ten 
C)  no 
D)  three

Question 15

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

Accepted Answer

A)  (1) Evaluation of comments (2) notice to the public (3) adoption. 
B)  (1) Notice to the public (2) evaluation of comments (3) adoption. 
C)  (1) Voting (2) evaluation of comments (3) adoption. 
D)  (1) Adoption (2) notice (3) evaluation of results. 
A)  (1) Evaluation of comments (2) notice to the public (3) adoption. 
B)  (1) Notice to the public (2) evaluation of comments (3) adoption. 
C)  (1) Voting (2) evaluation of comments (3) adoption. 
D)  (1) Adoption (2) notice (3) evaluation of results.

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

In theRagsdale v.Wolverine World Wide case discussed in the text,the question was whetherthe 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.How did the U.S.Supreme Court rule?

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 18

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

Accepted Answer

A) True 
 B)False

Question 19

Agencies are required to hold a formal public hearing before enacting any regulation.

Accepted Answer

A) True 
 B)False

Question 20

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:

Accepted Answer

A)  invalid. 
B)  valid. 
C)  void. 
D)  voidable. 
A)  invalid. 
B)  valid. 
C)  void. 
D)  voidable.

Exam 6: Administrative Law.

A final agency rule is codified and added to the:

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

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

Administrative agencies have subpoena power to make mandatory requests for information.

Agencies are usually part of which branch of government?

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

Rules adopted by a federal agency are published in the:

The federal statute authorizing individuals to obtain copies of government records on any subject that is of interest is known as:

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

Courts will generally not defer to an agency's construction (interpretation)of a statute,even if it is within the agency's area of expertise.

Which categories of documents in the federal government's possession may the government refuse to provide for public inspection under the Freedom of Information Act?

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

The first Congress established _____ administrative agencies.

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

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

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

Agencies are required to hold a formal public hearing before enacting any regulation.

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:

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.

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