Question 1

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 2

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 3

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 4

If the decision of an ALJ is appealed to the governing body of the agency, the case may be decided de novo .

Accepted Answer

A) True 
 B)False

Question 5

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 6

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

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

To be constitutionally permissible, an enabling statute must establish reasonable standards to guide an agency in implementing the statute. Using a broad phrase such as "fair and equitable" in an enabling statute meets this requirement.

Accepted Answer

A) True 
 B)False

Question 9

(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 10

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 and conciliation. 
C)  require the agencies to use alternative dispute resolution. 
D)  All of the above. 
A)  encourage the federal agencies to use arbitration. 
B)  authorize federal agencies to use mediation and conciliation. 
C)  require the agencies to use alternative dispute resolution. 
D)  All of the above.

Question 11

Legislative rules by an administrative agency do not have the force of law.

Accepted Answer

A) True 
 B)False

Question 12

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

Accepted Answer

A) True 
 B)False

Question 13

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 14

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

Accepted Answer

A) True 
 B)False

Question 15

In general, procedural rules are exempt from the notice and comment requirements of the APA.

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

Judicial review is the process by which

Question 17

In 1990, Congress enacted the Administrative Dispute Resolution Act to require agencies to use alternative dispute resolution.

Accepted Answer

A) True 
 B)False

Question 18

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

Accepted Answer

A) True 
 B)False

Question 19

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 20

The Lujan v. Defenders of Wildlife case involved:

Accepted Answer

A)  the doctrine of standing. 
B)  the issue of whether an agency action violated the Administrative Procedure Act. 
C)  interpretation of an administrative regulation. 
D)  enforcement action on the part of an agency and whether the demand for information was sufficiently specific and not unreasonably burdensome. 
A)  the doctrine of standing. 
B)  the issue of whether an agency action violated the Administrative Procedure Act. 
C)  interpretation of an administrative regulation. 
D)  enforcement action on the part of an agency and whether the demand for information was sufficiently specific and not unreasonably burdensome.

Exam 5: Administrative Law

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

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?

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

If the decision of an ALJ is appealed to the governing body of the agency, the case may be decided de novo .

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.

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

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

To be constitutionally permissible, an enabling statute must establish reasonable standards to guide an agency in implementing the statute. Using a broad phrase such as "fair and equitable" in an enabling statute meets this requirement.

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

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

Legislative rules by an administrative agency do not have the force of law.

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

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

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

In general, procedural rules are exempt from the notice and comment requirements of the APA.

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

In 1990, Congress enacted the Administrative Dispute Resolution Act to require agencies to use alternative dispute resolution.

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

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:

The Lujan v. Defenders of Wildlife case involved:

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

Filters