Question 1

Formal rulemaking is the most frequently used rulemaking procedure for administrative agencies.

Accepted Answer

A) True 
 B)False

Question 2

After an FOIA request has been made, an agency has __________ working days within which to indicate whether it intends to comply.

Accepted Answer

A)  3 
B)  10 
C)  21 
D)  30 
A)  3 
B)  10 
C)  21 
D)  30

Question 3

Congress appoints and removes the chief administrators of federal executive administrative agencies.

Accepted Answer

A) True 
 B)False

Question 4

The Freedom of Information Act and the Government in the Sunshine Act are different names for the same statute.

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

A)  Whether the agency properly interpreted the applicable law. 
B)  Whether the conclusions reached are supported by substantial evidence. 
C)  Whether the agency acted contrary to procedural requirements of the law. 
D)  Any one of the above, depending on the particular situation. 
A)  Whether the agency properly interpreted the applicable law. 
B)  Whether the conclusions reached are supported by substantial evidence. 
C)  Whether the agency acted contrary to procedural requirements of the law. 
D)  Any one of the above, depending on the particular situation.

Question 6

The Government in the Sunshine Act covers all but which of the following agencies?

Accepted Answer

A)  Consumer Product Safety Commission. 
B)  Commodity Futures Trading Commission. 
C)  Environmental Protection Agency. 
D)  Securities and Exchange Commission. 
A)  Consumer Product Safety Commission. 
B)  Commodity Futures Trading Commission. 
C)  Environmental Protection Agency. 
D)  Securities and Exchange Commission.

Question 7

Discuss the role of judicial review in relation to administrative agencies.

Accepted Answer

Judicial review is the process by which

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

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 10

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 11

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

Accepted Answer

Administrative agencies are governmental

Question 12

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

Accepted Answer

A) True 
 B)False

Question 13

Those interpretative rules of administrative agencies that are exempt from the APA's notice and comment requirements are not automatically binding on the courts.

Accepted Answer

A) True 
 B)False

Question 14

An administrative agency must always use formal procedures to resolve matters.

Accepted Answer

A) True 
 B)False

Question 15

Agencies create more legal rules and adjudicate more controversies than all the nation's legislatures and courts combined.

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

A)  ALJs are appointed by the president with the approval of the Senate. 
B)  ALJs may be removed only for good cause. 
C)  There are more than twice as many federal judges as there are administrative law judges. 
D)  Administrative law judges preside over jury cases within the area of expertise of the agency. 
A)  ALJs are appointed by the president with the approval of the Senate. 
B)  ALJs may be removed only for good cause. 
C)  There are more than twice as many federal judges as there are administrative law judges. 
D)  Administrative law judges preside over jury cases within the area of expertise of the agency.

Question 17

In 1990, Congress enacted the Administrative Dispute Resolution Act.This Act does not:

Accepted Answer

A)  encourage the federal agencies to use arbitration. 
B)  authorize federal agencies to use mediation. 
C)  require the agencies to use alternative dispute resolution. 
D)  allow for conciliation techniques. 
A)  encourage the federal agencies to use arbitration. 
B)  authorize federal agencies to use mediation. 
C)  require the agencies to use alternative dispute resolution. 
D)  allow for conciliation techniques.

Question 18

How are ALJs selected?

Accepted Answer

A)  They are appointed by the president and then confirmed by Congress. 
B)  They are elected by Congress. 
C)  They are appointed by the president without confirmation by Congress. 
D)  They are appointed by the agency through a professional merit selection system. 
A)  They are appointed by the president and then confirmed by Congress. 
B)  They are elected by Congress. 
C)  They are appointed by the president without confirmation by Congress. 
D)  They are appointed by the agency through a professional merit selection system.

Exam 5: Administrative Law

Formal rulemaking is the most frequently used rulemaking procedure for administrative agencies.

After an FOIA request has been made, an agency has __________ working days within which to indicate whether it intends to comply.

Congress appoints and removes the chief administrators of federal executive administrative agencies.

The Freedom of Information Act and the Government in the Sunshine Act are different names for the same statute.

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

The Government in the Sunshine Act covers all but which of the following agencies?

Discuss the role of judicial review in relation to administrative agencies.

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

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

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

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

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

Those interpretative rules of administrative agencies that are exempt from the APA's notice and comment requirements are not automatically binding on the courts.

An administrative agency must always use formal procedures to resolve matters.

Agencies create more legal rules and adjudicate more controversies than all the nation's legislatures and courts combined.

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

In 1990, Congress enacted the Administrative Dispute Resolution Act.This Act does not:

How are ALJs selected?

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

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