Question 1

The Administrative Procedure Act is a federal law that establishes the operating rules for administrative agencies.

Accepted Answer

A) True 
 B)False

Question 2

Which of the following is true about judicial review of agency action?

Accepted Answer

A)  Judges tend to substitute their own judgment for that of the agency. 
B)  Courts will reverse agency decisions merely because the court would have made a different decision based on the same facts. 
C)  Courts will reverse a decision if they disagree with the legal interpretation. 
D)  There is a right to a trial by jury before an agency. 
A)  Judges tend to substitute their own judgment for that of the agency. 
B)  Courts will reverse agency decisions merely because the court would have made a different decision based on the same facts. 
C)  Courts will reverse a decision if they disagree with the legal interpretation. 
D)  There is a right to a trial by jury before an agency.

Question 3

The Federal Trade Commission suspects Billy Williams of unlawful trade activities and has obtained evidence, claimed to be proof of unlawful activity, by way of aerial photography. The FTC is also currently seeking the submission of various documents, within Williams' place of business, for additional evidence. Williams refuses to submit to the demands to produce the documents and claims that this demand and the aerial photos are direct violations of his constitutional rights. Williams also demands a jury trial to clear him of charges levied. Comment on Williams' claims.

Accepted Answer

an agency has the power to execute the l

Question 4

A consent decree is an informal settlement of an enforcement action brought by an administrative agency.

Accepted Answer

A) True 
 B)False

Question 5

An administrative agency is barred from examining the records of a business enterprise by the constitutional guarantee against unreasonable searches and seizures.

Accepted Answer

A) True 
 B)False

Question 6

Administrative agencies may make the rules, police the community to see the rules are obeyed, and sit in judgment to determine violations of their rules.

Accepted Answer

A) True 
 B)False

Question 7

A subpoena to testify or to produce records:

Accepted Answer

A)  is prohibited by the constitutional guarantee against unreasonable searches and seizures. 
B)  is an illegal attempt to gain information by compulsion. 
C)  cannot be opposed on the grounds that such a request constitutes an unreasonable search and seizure. 
D)  must be approved by corporate officers to be effective. 
A)  is prohibited by the constitutional guarantee against unreasonable searches and seizures. 
B)  is an illegal attempt to gain information by compulsion. 
C)  cannot be opposed on the grounds that such a request constitutes an unreasonable search and seizure. 
D)  must be approved by corporate officers to be effective.

Question 8

The Sunshine Act requires most meetings of major administrative agencies to be open to the public.

Accepted Answer

A) True 
 B)False

Question 9

The Federal Register lists all administrative regulations, presidential proclamations, and executive orders on a semiannual basis.

Accepted Answer

A) True 
 B)False

Question 10

It is a conflict of interest for administrative agencies to allow members of the industry that is to be regulated, to participate in rule-making deliberations.

Accepted Answer

A) True 
 B)False

Question 11

In an emergency, an administrative agency can act beyond the scope of the statute that created it.

Accepted Answer

A) True 
 B)False

Question 12

An administrative agency whose erroneous decision causes a regulated person or enterprise substantial loss is liable for such loss regardless of whether the agency acted in good faith.

Accepted Answer

A) True 
 B)False

Question 13

The United States constitution places the most significant limitations on administrative investigation in the area of:

Accepted Answer

A)  search and seizure of the person. 
B)  aerial inspection. 
C)  search and seizure of papers and records. 
D)  guarantee against self-incrimination. 
A)  search and seizure of the person. 
B)  aerial inspection. 
C)  search and seizure of papers and records. 
D)  guarantee against self-incrimination.

Question 14

Because administrative agencies have broad powers, they are subject to strict procedural rules as well as disclosure requirements.

Accepted Answer

A) True 
 B)False

Question 15

The Freedom of Information Act:

Accepted Answer

A)  is to be strictly construed to prevent unauthorized disclosures. 
B)  has too many exemptions to be useful. 
C)  is intended to subject agency action to public scrutiny. 
D)  puts the burden of proof upon the person requesting the information. 
A)  is to be strictly construed to prevent unauthorized disclosures. 
B)  has too many exemptions to be useful. 
C)  is intended to subject agency action to public scrutiny. 
D)  puts the burden of proof upon the person requesting the information.

Question 16

Agency investigations of possible violations of agency rules are handled through independent enforcement agencies.

Accepted Answer

A) True 
 B)False

Question 17

The term "exhaustion of administrative remedies" means that:

Accepted Answer

A)  parties to an agency action must be diligent in pursuing their case. 
B)  parties to an administrative action must take their appeal to a court of law. 
C)  parties to an administrative action can appeal only after the agency has made a final decision. 
D)  administrative agencies tend to work very hard. 
A)  parties to an agency action must be diligent in pursuing their case. 
B)  parties to an administrative action must take their appeal to a court of law. 
C)  parties to an administrative action can appeal only after the agency has made a final decision. 
D)  administrative agencies tend to work very hard.

Question 18

Concerning administrative investigations:

Accepted Answer

A)  agencies are severely limited by the constitutional protection against unreasonable searches and seizures. 
B)  a search warrant is always required to search premises. 
C)  papers and records generally may be subpoenaed by an agency. 
D)  a person does not have constitutional protection against unreasonable searches and seizures. 
A)  agencies are severely limited by the constitutional protection against unreasonable searches and seizures. 
B)  a search warrant is always required to search premises. 
C)  papers and records generally may be subpoenaed by an agency. 
D)  a person does not have constitutional protection against unreasonable searches and seizures.

Question 19

Generally, which power(s) does (do) an administrative agency possess?

Accepted Answer

A)  all powers necessary to effectively perform the duties entrusted to it 
B)  legislative only 
C)  judicial only 
D)  executive only 
A)  all powers necessary to effectively perform the duties entrusted to it 
B)  legislative only 
C)  judicial only 
D)  executive only

Question 20

The Freedom of Information Act provides access to any information upon request.

Accepted Answer

A) True 
 B)False

Exam 6: Administrative Agencies

The Administrative Procedure Act is a federal law that establishes the operating rules for administrative agencies.

Which of the following is true about judicial review of agency action?

A consent decree is an informal settlement of an enforcement action brought by an administrative agency.

An administrative agency is barred from examining the records of a business enterprise by the constitutional guarantee against unreasonable searches and seizures.

Administrative agencies may make the rules, police the community to see the rules are obeyed, and sit in judgment to determine violations of their rules.

A subpoena to testify or to produce records:

The Sunshine Act requires most meetings of major administrative agencies to be open to the public.

The Federal Register lists all administrative regulations, presidential proclamations, and executive orders on a semiannual basis.

It is a conflict of interest for administrative agencies to allow members of the industry that is to be regulated, to participate in rule-making deliberations.

In an emergency, an administrative agency can act beyond the scope of the statute that created it.

An administrative agency whose erroneous decision causes a regulated person or enterprise substantial loss is liable for such loss regardless of whether the agency acted in good faith.

The United States constitution places the most significant limitations on administrative investigation in the area of:

Because administrative agencies have broad powers, they are subject to strict procedural rules as well as disclosure requirements.

The Freedom of Information Act:

Agency investigations of possible violations of agency rules are handled through independent enforcement agencies.

The term "exhaustion of administrative remedies" means that:

Concerning administrative investigations:

Generally, which power(s) does (do) an administrative agency possess?

The Freedom of Information Act provides access to any information upon request.

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