Question 1

Interpretative rules are exempt from the APA's procedural requirements of notice and comment.

Accepted Answer

A) True 
 B)False

Question 2

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 3

Federal agencies may not charge for providing records to a person requesting access to the agency's files.

Accepted Answer

A) True 
 B)False

Question 4

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 5

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

Accepted Answer

Administrative agencies are governmental

Question 6

The scope of administrative law has expanded greatly in the last fifty years.

Accepted Answer

A) True 
 B)False

Question 7

Only records specifically exempted by statute from disclosure are inaccessible under the FOIA.

Accepted Answer

A) True 
 B)False

Question 8

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 9

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 10

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

Accepted Answer

A) True 
 B)False

Question 11

Legislative rules may, in certain circumstances, exceed the authority granted to an agency by the enabling statute.

Accepted Answer

A) True 
 B)False

Question 12

Formal rulemaking differs from informal rulemaking in that with formal rulemaking:

Accepted Answer

A)  the procedures are governed by the same APA provisions that govern an adjudication. 
B)  an agency must give prior notice of a proposed rule, usually by publication in the Federal Register. 
C)  an opportunity must be given for interested parties to participate in the rulemaking. 
D)  publication of a final draft of the rule, along with a statement of the rule's purpose, must be given at least fourteen days before its effective date. 
A)  the procedures are governed by the same APA provisions that govern an adjudication. 
B)  an agency must give prior notice of a proposed rule, usually by publication in the Federal Register. 
C)  an opportunity must be given for interested parties to participate in the rulemaking. 
D)  publication of a final draft of the rule, along with a statement of the rule's purpose, must be given at least fourteen days before its effective date.

Question 13

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 14

Congress has enacted disclosure statutes to enhance public and political oversight of agency activities. These statutes include:

Accepted Answer

A)  Freedom of Information Act. 
B)  Government in the Sunshine Act. 
C)  Both are correct. 
D)  Neither are correct. 
A)  Freedom of Information Act. 
B)  Government in the Sunshine Act. 
C)  Both are correct. 
D)  Neither are correct.

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

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 17

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.

Exam 5: Administrative Law

Interpretative rules are exempt from the APA's procedural requirements of notice and comment.

Rulemaking powers of federal agencies are primarily governed by the:

Federal agencies may not charge for providing records to a person requesting access to the agency's files.

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?

The scope of administrative law has expanded greatly in the last fifty years.

Only records specifically exempted by statute from disclosure are inaccessible under the FOIA.

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

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

Legislative rules may, in certain circumstances, exceed the authority granted to an agency by the enabling statute.

Formal rulemaking differs from informal rulemaking in that with formal rulemaking:

A major rule of an administrative agency:

Congress has enacted disclosure statutes to enhance public and political oversight of agency activities. These statutes include:

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

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

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

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

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Performance, Breach, and Discharge

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Introduction to Sales and Leases

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Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

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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

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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

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

Interests in Real Property

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