Question 1

Proposed administrative regulations must be:

Accepted Answer

A)  printed in the Federal Register. 
B)  published in the trade journals of those trades that will be affected by the proposed rules. 
C)  Neither printed in the Federal Register nor published in the trade journals of trades that will be affected. 
D)  Both printed in the Federal Register and published in the trade journals of trades that will be affected. 
A)  printed in the Federal Register. 
B)  published in the trade journals of those trades that will be affected by the proposed rules. 
C)  Neither printed in the Federal Register nor published in the trade journals of trades that will be affected. 
D)  Both printed in the Federal Register and published in the trade journals of trades that will be affected. D

Question 2

An administrative agency is a governmental body charged with administering and implementing legislation.

Accepted Answer

A) True 
 B)False  True

Question 3

A court will not reverse an agency's decision merely because the court would have made a different decision based on the same facts.

Accepted Answer

A) True 
 B)False  True

Question 4

An administrative agency has the power to investigate, to require persons to appear as witnesses, to require witnesses to produce relevant papers and records, and to bring proceedings against those who violate the law.

Accepted Answer

A) True 
 B)False

Question 5

An administrative regulation:

Accepted Answer

A)  is a guideline that may be voluntarily followed. 
B)  has the force of law. 
C)  is a suggestion of what will protect the environment. 
D)  is a standard used to guide an industry at the industry's discretion. 
A)  is a guideline that may be voluntarily followed. 
B)  has the force of law. 
C)  is a suggestion of what will protect the environment. 
D)  is a standard used to guide an industry at the industry's discretion.

Question 6

Before an agency can begin rulemaking proceedings it must be given jurisdiction:

Accepted Answer

A)  by congressional enactment in the form of a statute. 
B)  granted by an executive order of the President of the United States. 
C)  from the United States Supreme Court. 
D)  From the voters in the district. 
A)  by congressional enactment in the form of a statute. 
B)  granted by an executive order of the President of the United States. 
C)  from the United States Supreme Court. 
D)  From the voters in the district.

Question 7

The public has access to the activity of administrative agencies in three ways: (1) open records, (2) open meetings, and (3) public announcement of agency guidelines.

Accepted Answer

A) True 
 B)False

Question 8

A federal agency planning to adopt a new regulation must give public notice of such intent and then hold a hearing at which members of the public may express their views and make suggestions.

Accepted Answer

A) True 
 B)False

Question 9

To satisfy the requirements of due process, an agency handling a complaint must generally _______, although there is no right to _________.

Accepted Answer

A)  give specific recommendations to the director of the agency, cross-examine witnesses. 
B)  give notice and hold a hearing, remain silent. 
C)  give notice and hold a hearing, trial by jury before an agency. 
D)  give sufficient notice only, remain silent. 
A)  give specific recommendations to the director of the agency, cross-examine witnesses. 
B)  give notice and hold a hearing, remain silent. 
C)  give notice and hold a hearing, trial by jury before an agency. 
D)  give sufficient notice only, remain silent.

Question 10

Wilma was an employee of the Electric Storage Battery Company. She was fired. She claimed that she was fired because she was a member of a labor union. The employer asserted that she was fired because she was a poor worker. Wilma filed an unfair labor practice complaint with the National Labor Relations Board. Its examiner held a hearing at which evidence was presented showing that Wilma was a poor worker. Other evidence presented showed that the employer was opposed to labor unions. The Board decided to believe Wilma's witnesses and concluded that she had been fired because she belonged to the union. Can the employer appeal this decision?

Accepted Answer

Yes. The employer has the right to appea

Question 11

Arthur sustained an injury to his back. Arthur claimed the injury was suffered at work and filed a claim for workers' compensation benefits. The employer opposed this claim, saying the injury, if real, was the result of a congenital condition. In accordance with the statute, a hearing was held before the Workers' Compensation Board, which ruled against Arthur. Arthur became disgusted with the hearing officer and the proceedings because Arthur felt that the hearing officer did not like him. Arthur has consulted an attorney seeking to sue for workers' compensation benefits. An appeal is available within the agency, but Arthur wants to go directly to court because he feels that the agency appeal would be useless. Discuss the merits of this strategy.

Accepted Answer

arthur cannot bring a lawsuit to overtur

Question 12

In reviewing agency action, courts generally apply the:

Accepted Answer

A)  "beyond a reasonable doubt" standard. 
B)  "preponderance of the evidence" standard. 
C)  "arbitrary and capricious" standard. 
D)  "rational relationship" standard. 
A)  "beyond a reasonable doubt" standard. 
B)  "preponderance of the evidence" standard. 
C)  "arbitrary and capricious" standard. 
D)  "rational relationship" standard.

Question 13

A(n) __________ is a negotiated disposition of a matter before an administrative agency, generally without public sanctions.

Accepted Answer

A)  formal settlement 
B)  informal settlement 
C)  judicial verdict 
D)  quasi-judicial verdict 
A)  formal settlement 
B)  informal settlement 
C)  judicial verdict 
D)  quasi-judicial verdict

Question 14

When it comes to administrative agencies, courts:

Accepted Answer

A)  regard agencies as able to perform their duties effectively. 
B)  accept rules that have been established by agencies using a rational basis. 
C)  do not substitute their own judgment in agency decisions. 
D)  All of these. 
A)  regard agencies as able to perform their duties effectively. 
B)  accept rules that have been established by agencies using a rational basis. 
C)  do not substitute their own judgment in agency decisions. 
D)  All of these.

Question 15

Under the _______ Amendment, agency officials have the right to conduct________ with a warrant, but a(n) ________ inspection is permitted when violations are dangerous to public health and safety.

Accepted Answer

A)  Sixth, inspections, warrantless. 
B)  First, inspections, warrantless. 
C)  Fourth, inspections, warrantless. 
D)  First, interviews, warrantless 
A)  Sixth, inspections, warrantless. 
B)  First, inspections, warrantless. 
C)  Fourth, inspections, warrantless. 
D)  First, interviews, warrantless

Question 16

Meetings are to be open to the public under:

Accepted Answer

A)  the Administrative Protection Act. 
B)  the Sunshine Act. 
C)  the Freedom of Information Act. 
D)  the Administrative Procedure Act. 
A)  the Administrative Protection Act. 
B)  the Sunshine Act. 
C)  the Freedom of Information Act. 
D)  the Administrative Procedure Act.

Question 17

Under the Sunshine Act of 1976, called the open meeting law, the federal government requires most meetings of major administrative agencies to be open to the public.

Accepted Answer

A) True 
 B)False

Question 18

The "public comment" period for proposed administrative agency rules must be at least __________ days.

Accepted Answer

A)  30 
B)  60 
C)  90 
D)  120 
A)  30 
B)  60 
C)  90 
D)  120

Question 19

If an agency causes a substantial loss to a business by enforcement of its laws, that business:

Accepted Answer

A)  always can hold the agency liable for damages. 
B)  never can hold the agency liable for damages. 
C)  may seek damages if the agency acted in bad faith. 
D)  may seek damages if the agency complied with its own guidelines. 
A)  always can hold the agency liable for damages. 
B)  never can hold the agency liable for damages. 
C)  may seek damages if the agency acted in bad faith. 
D)  may seek damages if the agency complied with its own guidelines.

Question 20

The ____________ protection against self-incrimination cannot be invoked by a corporate officer when an agency has subpoenaed corporate records.

Accepted Answer

A)  Sixth Amendment. 
B)  First Amendment. 
C)  Fifth Amendment. 
D)  Fourth Amendment 
A)  Sixth Amendment. 
B)  First Amendment. 
C)  Fifth Amendment. 
D)  Fourth Amendment

Exam 6: Administrative Agencies

Proposed administrative regulations must be:

An administrative agency is a governmental body charged with administering and implementing legislation.

A court will not reverse an agency's decision merely because the court would have made a different decision based on the same facts.

An administrative agency has the power to investigate, to require persons to appear as witnesses, to require witnesses to produce relevant papers and records, and to bring proceedings against those who violate the law.

An administrative regulation:

Before an agency can begin rulemaking proceedings it must be given jurisdiction:

The public has access to the activity of administrative agencies in three ways: (1) open records, (2) open meetings, and (3) public announcement of agency guidelines.

A federal agency planning to adopt a new regulation must give public notice of such intent and then hold a hearing at which members of the public may express their views and make suggestions.

To satisfy the requirements of due process, an agency handling a complaint must generally _______, although there is no right to _________.

In reviewing agency action, courts generally apply the:

A(n) __________ is a negotiated disposition of a matter before an administrative agency, generally without public sanctions.

When it comes to administrative agencies, courts:

Under the _______ Amendment, agency officials have the right to conduct________ with a warrant, but a(n) ________ inspection is permitted when violations are dangerous to public health and safety.

Meetings are to be open to the public under:

Under the Sunshine Act of 1976, called the open meeting law, the federal government requires most meetings of major administrative agencies to be open to the public.

The "public comment" period for proposed administrative agency rules must be at least __________ days.

If an agency causes a substantial loss to a business by enforcement of its laws, that business:

The ____________ protection against self-incrimination cannot be invoked by a corporate officer when an agency has subpoenaed corporate records.

The Nature and Sources of Law

The Court System and Dispute Resolution

Business Ethics, Social Forces, and the Law

The Constitution As the Foundation of the Legal Environment

Government Regulation of Competition and Prices

Crimes

Torts

Intellectual Property Rights and the Internet

The Legal Environment of International Trade

Nature and Classes of Contracts: Contracting on the Internet

Formation of Contracts: Offer and Acceptance

Capacity and Genuine Assent

Consideration

Legality and Public Policy

Writing, Electronic Forms, and Interpretation of Contracts

Third Persons and Contracts

Discharge of Contracts

Breach of Contract and Remedies

Personal Property and Bailments

Legal Aspects of Supply Chain Management

Nature and Form of Sales

Title and Risk of Loss

Product Liability: Warranties and Torts

Obligations and Performance

Remedies for Breach of Sales Contracts

Kinds of Negotiable Instruments and Negotiability

Transfers of Negotiable Instruments and Warranties of Parties

Liability of the Parties Under Negotiable Instruments

Checks and Funds Transfers

Nature of the Debtor Creditor Relationship

Consumer Protection

Secured Transactions in Personal Property

Bankruptcy

Insurance

Agency

Third Persons in Agency

Regulation of Employment

Equal Employment Opportunity Law

Types of Business Organizations

Partnerships

LPs, LLCs, and LLPs

Corporate Formation

Shareholder Rights in Corporations

Securities Regulation

Accountants Liability and Malpractice

Management of Corporations

Real Property

Environmental Law and Land Use Controls

Leases

Decedents Estates and Trusts

Filters

To satisfy the requirements of due process, an agency handling a complaint must generally _, although there is no right to ___.

Under the _ Amendment, agency officials have the right to conduct with a warrant, but a(n) __ inspection is permitted when violations are dangerous to public health and safety.