Question 1

When a federal agency decides to create a new rule, the agency publishes a notice of the proposed proceedings.

Accepted Answer

A) True 
 B)False

Question 2

The Environmental Protection Agency (EPA) discovers that Fish Farm Inc. has violated an EPA regulation. If no settlement is reached, the EPA can

Accepted Answer

A)  issue a formal complaint . 
B)  do nothing. 
C)  take the matter to the U.S. Supreme Court. 
D)  immediately impose sanctions. 
A)  issue a formal complaint . 
B)  do nothing. 
C)  take the matter to the U.S. Supreme Court. 
D)  immediately impose sanctions.

Question 3

Administrative agencies' rules are

Accepted Answer

A)  as binding as laws passed by Congress. 
B)  only as persuasive as experts' opinions. 
C)  merely as suggestive as media commentary. 
D)  no more influential than promotional puffery. 
A)  as binding as laws passed by Congress. 
B)  only as persuasive as experts' opinions. 
C)  merely as suggestive as media commentary. 
D)  no more influential than promotional puffery.

Question 4

T he Food and Drug Administration (FDA) is investigating reports that Caplets Corporation is putting potentially harmful additives in Doze, a new pain-relief medication. The FDA's demands for particular documents from Caplets

Accepted Answer

A)  must be specific and adequately describe the material being sought. 
B)  must not be specific or an incriminating item might be overlooked. 
C)  must be general so as to force an uncooperative party's compliance. 
D)  may, but need not, be specific because this is only an investigation. 
A)  must be specific and adequately describe the material being sought. 
B)  must not be specific or an incriminating item might be overlooked. 
C)  must be general so as to force an uncooperative party's compliance. 
D)  may, but need not, be specific because this is only an investigation.

Question 5

Organic Frozen Foods Corporation is subject to regulations issued by the Food and Drug Administration, which is a federal agency. These regulations are part of the body of

Accepted Answer

A)  administrative law . 
B)  legislative law. 
C)  executive law. 
D)  judicial law. 
A)  administrative law . 
B)  legislative law. 
C)  executive law. 
D)  judicial law.

Question 6

Delta Water Company is subject to a decision by the Environmental Protection Agency. Delta appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

Accepted Answer

A)  changed the agency's prior policy without justification . 
B)  followed a consideration of all legally appropriate factors. 
C)  was accompanied by a rational explanation. 
D)  was plainly warranted by the evidence. 
A)  changed the agency's prior policy without justification . 
B)  followed a consideration of all legally appropriate factors. 
C)  was accompanied by a rational explanation. 
D)  was plainly warranted by the evidence.

Question 7

Agency actions are automatically subject to judicial review.

Accepted Answer

A) True 
 B)False

Question 8

Notice-and-comment rulemaking involves regulators noticing a situation that lacks a rule, commenting on it among themselves, and then issuing a rule.

Accepted Answer

A) True 
 B)False

Question 9

Omega Company operates a computer chip production plant. Paula is the president of Omega. Ron, a representative of the Occupational Safety and Health Administration, inspects the plant and, citing a certain regulation, orders Omega to take specified steps immediately to improve sanitation at the plant.  Paula believes that Ron is either exceeding his authority or that the regulation Ron claims to be enforcing is excessive.  Can Omega ask a court for an order to stop enforcement of the regulation?  If not, what can Omega do?

Accepted Answer

Omega cannot ask a court for an injuncti

Question 10

After final rules are issued, administrative agencies no longer conduct investigations of the entities that they regulate.

Accepted Answer

A) True 
 B)False

Question 11

Today, there are administrative rules covering almost every aspect of a business's operations.

Accepted Answer

A) True 
 B)False

Question 12

The Securities and Exchange Commission (SEC) wants to review certain documents of Trades Online Inc. Whether it is permissible for the SEC to request or review the documents depends on whether the documents are

Accepted Answer

A)  incriminating. 
B)  relevant. 
C)  technical. 
D)  valuable. 
A)  incriminating. 
B)  relevant. 
C)  technical. 
D)  valuable.

Question 13

After a final rule is issued, an administrative agency conducts investigations to monitor

Accepted Answer

A)  consumer satisfaction with the rule . 
B)  affected businesses' satisfaction with the rule. 
C)  compliance with the rule. 
D)  the impact of the rule on other administrative agencies. 
A)  consumer satisfaction with the rule . 
B)  affected businesses' satisfaction with the rule. 
C)  compliance with the rule. 
D)  the impact of the rule on other administrative agencies.

Question 14

An agency is not required to conduct a regulatory flexibility analysis on a new regulation.

Accepted Answer

A) True 
 B)False

Question 15

Home Care Company is charged with violating a rule of the Social Security Administration. Most likely, Home Care will be required to appear at a hearing presided over by respite

Accepted Answer

A)  a federal appellate court judge. 
B)  a federal district court judge . 
C)  an administrative law judge. 
D)  a U.S. Marshal. 
A)  a federal appellate court judge. 
B)  a federal district court judge . 
C)  an administrative law judge. 
D)  a U.S. Marshal.

Question 16

A final rule issued through a notice-and-comment rulemaking procedure has binding legal effect

Accepted Answer

A)  after a court affirms it. 
B)  until the issuing agency rescinds it. 
C)  once Congress approves it. 
D)  unless a court overturns it. 
A)  after a court affirms it. 
B)  until the issuing agency rescinds it. 
C)  once Congress approves it. 
D)  unless a court overturns it.

Question 17

The executive branch of the government exercises no control over agencies.

Accepted Answer

A) True 
 B)False

Question 18

If a business firm refuses to comply with an agency request to inspect facilities or business records, the agency may resort to the use of a subpoena.

Accepted Answer

A) True 
 B)False

Question 19

Through enabling orders, state governors create state administrative agencies.

Accepted Answer

A) True 
 B)False

Question 20

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through social media. The first step is

Accepted Answer

A)  compile the rule with others in the Code of Federal Regulations . 
B)  draft the rule . 
C)  publish a notice of the proposed rulemaking. 
D)  solicit public comment. 
A)  compile the rule with others in the Code of Federal Regulations . 
B)  draft the rule . 
C)  publish a notice of the proposed rulemaking. 
D)  solicit public comment.

Exam 41: Administrative Law

When a federal agency decides to create a new rule, the agency publishes a notice of the proposed proceedings.

The Environmental Protection Agency (EPA) discovers that Fish Farm Inc. has violated an EPA regulation. If no settlement is reached, the EPA can

Administrative agencies' rules are

T he Food and Drug Administration (FDA) is investigating reports that Caplets Corporation is putting potentially harmful additives in Doze, a new pain-relief medication. The FDA's demands for particular documents from Caplets

Organic Frozen Foods Corporation is subject to regulations issued by the Food and Drug Administration, which is a federal agency. These regulations are part of the body of

Delta Water Company is subject to a decision by the Environmental Protection Agency. Delta appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

Agency actions are automatically subject to judicial review.

Notice-and-comment rulemaking involves regulators noticing a situation that lacks a rule, commenting on it among themselves, and then issuing a rule.

After final rules are issued, administrative agencies no longer conduct investigations of the entities that they regulate.

Today, there are administrative rules covering almost every aspect of a business's operations.

The Securities and Exchange Commission (SEC) wants to review certain documents of Trades Online Inc. Whether it is permissible for the SEC to request or review the documents depends on whether the documents are

After a final rule is issued, an administrative agency conducts investigations to monitor

An agency is not required to conduct a regulatory flexibility analysis on a new regulation.

Home Care Company is charged with violating a rule of the Social Security Administration. Most likely, Home Care will be required to appear at a hearing presided over by respite

A final rule issued through a notice-and-comment rulemaking procedure has binding legal effect

The executive branch of the government exercises no control over agencies.

If a business firm refuses to comply with an agency request to inspect facilities or business records, the agency may resort to the use of a subpoena.

Through enabling orders, state governors create state administrative agencies.

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through social media. The first step is

Introduction to the Law

Ethics in Business

The Courts and Our Legal System

Constitutional Law

Business Torts

Intellectual Property

Business Crimes

Introduction to Contracts

Offer and Acceptance

Consideration

Capacity

The Legality of Agreements

Voluntary Consent

Written Contracts

Third Party Rights

Termination and Remedies

Introduction to Sales and Lease Contracts

Title and Risk of Loss

Performance and Breach

Warranties and Product Liability

Consumer Protection

The Essentials of Negotiability

Negotiable Instruments: Transfer and Liability

Banking in the Digital Age

Agency Relationships

Employment, Immigration, and Labor Law

Employment Discrimination

Types of Business Organizations

Formation and Ownership of a Corporation

Management of a Corporation

Combining and Dissolving a Corporation

Credit and Security

Mortgages

Bankruptcy

Insurance

Personal Property

Bailments

Real Property

Landlord and Tenant Law

Wills and Trusts

Antitrust Law

International and Space Law

Filters