Question 1

(a) What is the purpose of the Freedom of Information Act? 
(b) To what categories of records does the FOIA allow denial of access?

Accepted Answer

(a) The purpose of the Freedom of Inform

Question 2

The 1990 Negotiated Rulemaking Act requires agencies to use negotiated rulemaking in the majority of circumstances.

Accepted Answer

A) True 
 B)False

Question 3

Parties that seek to challenge agency action must:

Accepted Answer

A)  have standing. 
B)  have exhausted their administrative remedies. 
C)  be a party injured by the agency action. 
D)  All of these. 
A)  have standing. 
B)  have exhausted their administrative remedies. 
C)  be a party injured by the agency action. 
D)  All of these.

Question 4

A statute may preclude judicial review of an agency action.

Accepted Answer

A) True 
 B)False

Question 5

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 6

Federal legislation that requires agencies to maintain in their records only that information about an individual that is relevant and necessary to accomplish an agency function and to collect information to the greatest extent practicable directly from the individual is the:

Accepted Answer

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

Question 7

Under the informal rulemaking procedures of the APA, an agency must provide notice of a proposed rule only if there is potential conflict.

Accepted Answer

A) True 
 B)False

Question 8

The enabling statute of an administrative agency requires it to conduct a legislative-type hearing without allowing for cross-examination in adopting its rules.This is:

Accepted Answer

A)  a formal rulemaking process. 
B)  an informal rulemaking process. 
C)  a hybrid rulemaking process. 
D)  an unconstitutional rulemaking process. 
A)  a formal rulemaking process. 
B)  an informal rulemaking process. 
C)  a hybrid rulemaking process. 
D)  an unconstitutional rulemaking process.

Question 9

Rulemaking powers of federal agencies are primarily governed by the:

Accepted Answer

A)  SEC. 
B)  APA. 
C)  FCC. 
D)  NHTSA. 
A)  SEC. 
B)  APA. 
C)  FCC. 
D)  NHTSA.

Question 10

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 11

Compare the adjudication process in an administrative hearing to the judicial process.What takes place at an administrative hearing in contrast to what takes place at a trial in court?

Accepted Answer

An agency may use informal or formal met

Question 12

Administrative agencies exist only at the federal level.

Accepted Answer

A) True 
 B)False

Question 13

Only documentary evidence may be admitted at an administrative hearing.

Accepted Answer

A) True 
 B)False

Question 14

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 15

All ALJ decisions must include a statement of findings of fact and conclusions of law and the reasons or basis for them, as well as a statement of the appropriate relief.

Accepted Answer

A) True 
 B)False

Question 16

The SEC would like to adopt some new rules to protect investors.What factors should it consider as part of the administrative process?

Accepted Answer

Administrative rules can be legislative,

Question 17

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 18

An important and fundamental part of administrative law is the limits imposed by judicial review upon the activities of administrative agencies.

Accepted Answer

A) True 
 B)False

Question 19

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 20

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)  All of these. 
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)  All of these.

Exam 5: Administrative Law

(a) What is the purpose of the Freedom of Information Act? (b) To what categories of records does the FOIA allow denial of access?

The 1990 Negotiated Rulemaking Act requires agencies to use negotiated rulemaking in the majority of circumstances.

Parties that seek to challenge agency action must:

A statute may preclude judicial review of an agency action.

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

Federal legislation that requires agencies to maintain in their records only that information about an individual that is relevant and necessary to accomplish an agency function and to collect information to the greatest extent practicable directly from the individual is the:

Under the informal rulemaking procedures of the APA, an agency must provide notice of a proposed rule only if there is potential conflict.

The enabling statute of an administrative agency requires it to conduct a legislative-type hearing without allowing for cross-examination in adopting its rules.This is:

Rulemaking powers of federal agencies are primarily governed by the:

Compare the adjudication process in an administrative hearing to the judicial process.What takes place at an administrative hearing in contrast to what takes place at a trial in court?

Administrative agencies exist only at the federal level.

Only documentary evidence may be admitted at an administrative hearing.

A major rule of an administrative agency:

All ALJ decisions must include a statement of findings of fact and conclusions of law and the reasons or basis for them, as well as a statement of the appropriate relief.

The SEC would like to adopt some new rules to protect investors.What factors should it consider as part of the administrative process?

An important and fundamental part of administrative law is the limits imposed by judicial review upon the activities of administrative agencies.

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

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

Introduction to Law

Business Ethicspart Ii: the Legal Environment of Business

Civil Dispute Resolution

Constitutional Law

Criminal Law

Negligence and Strict Liabilitypart Iii: Contracts

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 Remediespart Iv: Sales

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remediespart V: Negotiable Instruments

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transferspart Vi: Agency

Relationship of Principal and Agent

Relationship With Third Partiespart Vii: Business Associations

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 Corporationspart Viii: Debtor and Creditor Relations

Secured Transactions and Suretyship

Bankruptcypart Ix: Regulation of Business

Securities Regulation

Intellectual Property

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

International Business Lawpart X: Property

Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Wills

Filters