Question 1

There are more than twice as many federal judges as there are administrative law judges.

Accepted Answer

A) True 
 B)False

Question 2

Parties seeking to challenge agency action by way of judicial review must have standing and must have exhausted their administrative remedies.

Accepted Answer

A) True 
 B)False

Question 3

Much of federal, state, and local law in this country has been established by __________, which people label as the "fourth branch of government" because they possess tremendous power.

Accepted Answer

A)  executive committees 
B)  administrative agencies 
C)  the courts 
D)  legislatures, including Congress 
A)  executive committees 
B)  administrative agencies 
C)  the courts 
D)  legislatures, including Congress

Question 4

Generally, legislative rules must be promulgated in accordance with the procedural requirements of the APA.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following is NOT a requirement for parties that seek to challenge agency action?

Accepted Answer

A)  They must have an interest that is in the zone of interests to be protected or regulated by the statute in question. 
B)  They must  have exhausted their administrative remedies. 
C)  They must  be a party injured by the agency action. 
D)  They must have already filed suit in the appropriate federal court. 
A)  They must have an interest that is in the zone of interests to be protected or regulated by the statute in question. 
B)  They must  have exhausted their administrative remedies. 
C)  They must  be a party injured by the agency action. 
D)  They must have already filed suit in the appropriate federal court.

Question 6

Administrative agencies exist only at the federal level.

Accepted Answer

A) True 
 B)False

Question 7

The legislature may exercise control of administrative agencies in various ways. These are:

Accepted Answer

A)  through adjudicating cases brought against the agancies. 
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)  by freezing an agency's budget. 
A)  through adjudicating cases brought against the agancies. 
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)  by freezing an agency's budget.

Question 8

What is an administrative agency? What powers does an administrative agency possess?

Accepted Answer

Administrative agencies are governmental

Question 9

Administrative hearings are held before a jury.

Accepted Answer

A) True 
 B)False

Question 10

A major rule of an administrative agency:

Accepted Answer

A)  does not become final until Congress has had an opportunity to disapprove it. 
B)  is any rule that the Office of Management and Budget finds has resulted in or is likely to result in an annual effect on the economy of at least one million dollars. 
C)  must be published in the Federal Register prior to its becoming final, but need not be submitted to Congress. 
D)  is a rule that will have a significant effect on competition and that becomes final if it is submitted to and approved by the President. 
A)  does not become final until Congress has had an opportunity to disapprove it. 
B)  is any rule that the Office of Management and Budget finds has resulted in or is likely to result in an annual effect on the economy of at least one million dollars. 
C)  must be published in the Federal Register prior to its becoming final, but need not be submitted to Congress. 
D)  is a rule that will have a significant effect on competition and that becomes final if it is submitted to and approved by the President.

Question 11

An agency may impose in its orders sanctions, such as seizing property or revoking a license.

Accepted Answer

A) True 
 B)False

Question 12

In 2015, the U.S. Supreme Court upheld an IRS rule that made tax credits available under the Affordable Care Act, except in states where there is already a Federal health insurance exchange.

Accepted Answer

A) True 
 B)False

Question 13

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 requires the court to try the facts de novo . 
C)  It requires only that the agency had a rational basis for reaching its decision. 
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 requires the court to try the facts de novo . 
C)  It requires only that the agency had a rational basis for reaching its decision. 
D)  It requires proof beyond a reasonable doubt.

Question 14

Federal administrative agencies must, within one year after creating records, make them available by electronic means.

Accepted Answer

A) True 
 B)False

Question 15

The U.S. Supreme Court may analyze whether an agency's interpretation of a statute is reasonable and consistent with the intention of Congress.

Accepted Answer

A) True 
 B)False

Question 16

Congress enacted the Administrative Procedure Act in 1964.

Accepted Answer

A) True 
 B)False

Question 17

Administrative statutes issued by an agency are known as:

Accepted Answer

A)  legislative rules. 
B)  interpretive rules. 
C)  hybrid rules. 
D)  procedural rules. 
A)  legislative rules. 
B)  interpretive rules. 
C)  hybrid rules. 
D)  procedural rules.

Question 18

Agencies are required to submit most newly adopted agency rules to each house of Congress before the rules can take effect.

Accepted Answer

A) True 
 B)False

Question 19

The Sunshine Act allows for closed meetings if they concern agency participation in pending or anticipated litigation.

Accepted Answer

A) True 
 B)False

Question 20

An administrative law judge for the Federal Trade Commission decides a case against a retail store chain. The company then appeals the decision to the commission itself. Which of the following is correct regarding the appeal of the case from the administrative law judge to the commission?

Accepted Answer

A)  The commission may hear additional evidence and arguments in deciding whether to revise the findings and conclusions it made in the initial decision. 
B)  There is no appeal from the decision of the ALJ. 
C)  The commission will decide the case by having a jury trial. 
D)  The commission must decide the case on the record, abstracts, and briefs and may not hear any evidence. 
A)  The commission may hear additional evidence and arguments in deciding whether to revise the findings and conclusions it made in the initial decision. 
B)  There is no appeal from the decision of the ALJ. 
C)  The commission will decide the case by having a jury trial. 
D)  The commission must decide the case on the record, abstracts, and briefs and may not hear any evidence.

Exam 5: Administrative Law

There are more than twice as many federal judges as there are administrative law judges.

Parties seeking to challenge agency action by way of judicial review must have standing and must have exhausted their administrative remedies.

Much of federal, state, and local law in this country has been established by __________, which people label as the "fourth branch of government" because they possess tremendous power.

Generally, legislative rules must be promulgated in accordance with the procedural requirements of the APA.

Which of the following is NOT a requirement for parties that seek to challenge agency action?

Administrative agencies exist only at the federal level.

The legislature may exercise control of administrative agencies in various ways. These are:

What is an administrative agency? What powers does an administrative agency possess?

Administrative hearings are held before a jury.

A major rule of an administrative agency:

An agency may impose in its orders sanctions, such as seizing property or revoking a license.

In 2015, the U.S. Supreme Court upheld an IRS rule that made tax credits available under the Affordable Care Act, except in states where there is already a Federal health insurance exchange.

What is required by the substantial evidence test?

Federal administrative agencies must, within one year after creating records, make them available by electronic means.

The U.S. Supreme Court may analyze whether an agency's interpretation of a statute is reasonable and consistent with the intention of Congress.

Congress enacted the Administrative Procedure Act in 1964.

Administrative statutes issued by an agency are known as:

Agencies are required to submit most newly adopted agency rules to each house of Congress before the rules can take effect.

The Sunshine Act allows for closed meetings if they concern agency participation in pending or anticipated litigation.

An administrative law judge for the Federal Trade Commission decides a case against a retail store chain. The company then appeals the decision to the commission itself. Which of the following is correct regarding the appeal of the case from the administrative law judge to the commission?

Introduction to Law

Business Ethics

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

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability Warranties and Strict Liability

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits Collections and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Intellectual Property

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

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 Wills

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