Question 1

Which of the following is beyond the enforcement power of an agency?

Accepted Answer

A)  requiring proof of compliance with agency regulations 
B)  issuing a cease-and-desist order 
C)  convicting of criminal violations 
D)  imposing civil penalties 
A)  requiring proof of compliance with agency regulations 
B)  issuing a cease-and-desist order 
C)  convicting of criminal violations 
D)  imposing civil penalties

Question 2

Within the area in which the administrative agency is authorized to make decisions, the agency can be regarded as a specialized court or court of limited jurisdiction.

Accepted Answer

A) True 
 B)False

Question 3

An administrative agency can be created to perform:

Accepted Answer

A)  only one of the three functions of government (executive, legislative, or judicial). 
B)  any two of the three functions of government. 
C)  all three of the functions of government. 
D)  none of the three functions of government. 
A)  only one of the three functions of government (executive, legislative, or judicial). 
B)  any two of the three functions of government. 
C)  all three of the functions of government. 
D)  none of the three functions of government.

Question 4

The Federal Register Act provides that printing an administrative regulation in the Code of Federal Regulations is public notice of the contents of the regulation to persons subject to it or affected by it

Accepted Answer

A) True 
 B)False

Question 5

Administrative hearings often have additional parties involved, called ______, who are _______ with an interest in the case are permitted to participate.

Accepted Answer

A)  intervenors, political entities. 
B)  industry organizations, intervenors 
C)  intervenors, ALJ's. 
D)  intervenors, industry organizations. 
A)  intervenors, political entities. 
B)  industry organizations, intervenors 
C)  intervenors, ALJ's. 
D)  intervenors, industry organizations.

Question 6

Which of the following is part of an administrative agency's power to investigate?

Accepted Answer

A)  an investigation to determine whether additional administrative rules need to be adopted 
B)  an investigation to ascertain facts with respect to a particular suspected or alleged violation 
C)  an investigation to determine whether the defendant in a proceeding before the agency is complying with its final order 
D)  all of these 
A)  an investigation to determine whether additional administrative rules need to be adopted 
B)  an investigation to ascertain facts with respect to a particular suspected or alleged violation 
C)  an investigation to determine whether the defendant in a proceeding before the agency is complying with its final order 
D)  all of these

Question 7

Decisions made by agencies are more likely to be reversed than to be accepted by the court on appeal.

Accepted Answer

A) True 
 B)False

Question 8

In an administrative hearing, an administrative law judge hears the complaint and has the authority to swear witnesses, take testimony, make evidentiary rulings, and make a decision to recommend to the administrative agency heads for action.

Accepted Answer

A) True 
 B)False

Question 9

The Electronic Freedom of Information Act Amendments of 1996 extend the public availability of information to electronically stored data.

Accepted Answer

A) True 
 B)False

Question 10

A significant difference between an administrative agency hearing and a court hearing is that:

Accepted Answer

A)  a binding decision can only be made by an agency. 
B)  there is no right of trial by jury before an agency. 
C)  a court hearing allows no public intervention. 
D)  a court can enforce its decision. 
A)  a binding decision can only be made by an agency. 
B)  there is no right of trial by jury before an agency. 
C)  a court hearing allows no public intervention. 
D)  a court can enforce its decision.

Question 11

An agency hearing is generally not subject to the rules of evidence.

Accepted Answer

A) True 
 B)False

Question 12

Regulations properly adopted by agencies are important, but they do not have the full force of law, as do statutes.

Accepted Answer

A) True 
 B)False

Question 13

The modern administrative agency typically possesses legislative, executive, and judicial powers.

Accepted Answer

A) True 
 B)False

Question 14

As Courts now tend to accept an agency's reasonable interpretation of a statute involving a technical matter, even though it was not the only interpretation that could have been made.

Accepted Answer

A) True 
 B)False

Question 15

The ______can issue a(n) ______ to stop a practice that it decides is improper. This order is binding unless reversed on an appeal.

Accepted Answer

A)  ALJ, cease-and-desist order 
B)  Court, monetary fine 
C)  FTC, cease-and-desist order. 
D)  FTC, appeal 
A)  ALJ, cease-and-desist order 
B)  Court, monetary fine 
C)  FTC, cease-and-desist order. 
D)  FTC, appeal

Question 16

The authority of an agency is limited to the technology in existence at the time the agency was created.

Accepted Answer

A) True 
 B)False

Question 17

Before an appeal can be taken to a court concerning a determination of an agency, all administrative remedies must be exhausted.

Accepted Answer

A) True 
 B)False

Question 18

An administrative agency cannot hold a hearing without a jury.

Accepted Answer

A) True 
 B)False

Exam 6: Administrative Agencies

Which of the following is beyond the enforcement power of an agency?

Within the area in which the administrative agency is authorized to make decisions, the agency can be regarded as a specialized court or court of limited jurisdiction.

An administrative agency can be created to perform:

The Federal Register Act provides that printing an administrative regulation in the Code of Federal Regulations is public notice of the contents of the regulation to persons subject to it or affected by it

Administrative hearings often have additional parties involved, called ______, who are _______ with an interest in the case are permitted to participate.

Which of the following is part of an administrative agency's power to investigate?

Decisions made by agencies are more likely to be reversed than to be accepted by the court on appeal.

In an administrative hearing, an administrative law judge hears the complaint and has the authority to swear witnesses, take testimony, make evidentiary rulings, and make a decision to recommend to the administrative agency heads for action.

The Electronic Freedom of Information Act Amendments of 1996 extend the public availability of information to electronically stored data.

A significant difference between an administrative agency hearing and a court hearing is that:

An agency hearing is generally not subject to the rules of evidence.

Regulations properly adopted by agencies are important, but they do not have the full force of law, as do statutes.

The modern administrative agency typically possesses legislative, executive, and judicial powers.

As Courts now tend to accept an agency's reasonable interpretation of a statute involving a technical matter, even though it was not the only interpretation that could have been made.

The ______can issue a(n) ______ to stop a practice that it decides is improper. This order is binding unless reversed on an appeal.

The authority of an agency is limited to the technology in existence at the time the agency was created.

Before an appeal can be taken to a court concerning a determination of an agency, all administrative remedies must be exhausted.

An administrative agency cannot hold a hearing without a jury.

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

Administrative hearings often have additional parties involved, called , who are _ with an interest in the case are permitted to participate.

The can issue a(n) to stop a practice that it decides is improper. This order is binding unless reversed on an appeal.