Question 1

A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA) may be challenged in​

Accepted Answer

A)  ​a federal district court. 
B)  ​a hearing before the U.S. Freedom of Information Agency. 
C)  ​a meeting with Congress's FOIA subcommittee. 
D)  ​a special conference with the president of the United States. 
A)  ​a federal district court. 
B)  ​a hearing before the U.S. Freedom of Information Agency. 
C)  ​a meeting with Congress's FOIA subcommittee. 
D)  ​a special conference with the president of the United States. A

Question 2

Information Security Inc. pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies, the IRS was created by​

Accepted Answer

A)  ​Congress, through enabling legislation. 
B)  ​the courts, through the adjudicatory process. 
C)  ​the U.S. Constitution, in Article I, Section 8. 
D)  ​the president, through an executive order. 
A)  ​Congress, through enabling legislation. 
B)  ​the courts, through the adjudicatory process. 
C)  ​the U.S. Constitution, in Article I, Section 8. 
D)  ​the president, through an executive order. A

Question 3

Independent federal regulatory agencies are outside the federal executive departments.​

Accepted Answer

A) True 
 B)False  True

Question 4

The president of the United States may not veto congressional attempts to modify an agency's authority.​

Accepted Answer

A) True 
 B)False

Question 5

Nursing Home Company is charged with violating a rule of the Social Security Administration. Most likely, Nursing Home will be required to appear at a hearing presided over by​

Accepted Answer

A)  ​a federal appellate court judge. 
B)  ​a federal district court judge. 
C)  ​an administrative law judge. 
D)  ​a U.S. Marshal. 
A)  ​a federal appellate court judge. 
B)  ​a federal district court judge. 
C)  ​an administrative law judge. 
D)  ​a U.S. Marshal.

Question 6

Labor Recruiters, Inc., has been ordered to appear at a hearing before an administrative law judge of the National Labor Relations Board. A significant difference between a trial and an administrative hearing is that​

Accepted Answer

A)  ​attorneys are not allowed to attend administrative hearings. 
B)  ​clients are not allowed to communicate with their attorneys during administrative hearings. 
C)  ​hearsay can be introduced as evidence in an administrative hearing. 
D)  ​the burden of proof is on the charged party to prove innocence. 
A)  ​attorneys are not allowed to attend administrative hearings. 
B)  ​clients are not allowed to communicate with their attorneys during administrative hearings. 
C)  ​hearsay can be introduced as evidence in an administrative hearing. 
D)  ​the burden of proof is on the charged party to prove innocence.

Question 7

The U.S. Mine Safety Administration conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in​

Accepted Answer

A)  ​all industries. 
B)  ​highly regulated industries. 
C)  ​no industries. 
D)  ​newly regulated industries only. 
A)  ​all industries. 
B)  ​highly regulated industries. 
C)  ​no industries. 
D)  ​newly regulated industries only.

Question 8

Final administrative rules have binding legal effect.​

Accepted Answer

A) True 
 B)False

Question 9

The Federal Trade Commission (FTC) orders Retail Empire Inc. to reveal certain information. Retail Empire complains to a court, arguing that the order is an abuse of the FTC's discretion. Like other agencies, the FTC can use a subpoena to​

Accepted Answer

A)  ​compel a party to testify, but not to obtain documents. 
B)  ​obtain any information except what a party refuses to reveal. 
C)  ​harass an uncooperative business or individual. 
D)  ​reveal regulatory violations. 
A)  ​compel a party to testify, but not to obtain documents. 
B)  ​obtain any information except what a party refuses to reveal. 
C)  ​harass an uncooperative business or individual. 
D)  ​reveal regulatory violations.

Question 10

Organic Frozen Foods Corporation is subject to regulations issued by the Food and Drug Administration, which is a federal agency. These regulations are part of the body of​

Accepted Answer

A)  ​administrative law. 
B)  ​legislative law. 
C)  ​executive law. 
D)  ​statutory law. 
A)  ​administrative law. 
B)  ​legislative law. 
C)  ​executive law. 
D)  ​statutory law.

Question 11

To notify the public of a proposed rule, the Federal Emergency Management Agency, like other federal agencies, publishes the proposal​

Accepted Answer

A)  ​through a broadcast on a public television station. 
B)  ​in a trade journal available to members of the industry. 
C)  ​in the Federal Register. 
D)  ​on its Web site. 
A)  ​through a broadcast on a public television station. 
B)  ​in a trade journal available to members of the industry. 
C)  ​in the Federal Register. 
D)  ​on its Web site.

Question 12

An agency can make rules that are as legally binding as laws passed by Congress.​

Accepted Answer

A) True 
 B)False

Question 13

Federal regulations take precedence over conflicting state regulations.​

Accepted Answer

A) True 
 B)False

Question 14

The Occupational Safety and Health Administration (OSHA) issues new rules with regard to safety in industrial workplaces. After the final rules are issued, OSHA can conduct investigations to​

Accepted Answer

A)  ​determine consumer satisfaction. 
B)  ​determine whether affected businesses are satisfied. 
C)  ​monitor compliance with the rules. 
D)  ​determine what type of agency needs to be created next. 
A)  ​determine consumer satisfaction. 
B)  ​determine whether affected businesses are satisfied. 
C)  ​monitor compliance with the rules. 
D)  ​determine what type of agency needs to be created next.

Question 15

The Federal Emergency Management Agency (FEMA) discovers that Goodnuff Trailers, Inc., is violating a FEMA regulation. If this situation is resolved like most such disputes, the outcome will be​

Accepted Answer

A)  ​a negotiated settlement. 
B)  ​a trial and a fine. 
C)  ​a trial and an appeal to a higher authority. 
D)  ​a trial and the dissolution of the business. 
A)  ​a negotiated settlement. 
B)  ​a trial and a fine. 
C)  ​a trial and an appeal to a higher authority. 
D)  ​a trial and the dissolution of the business.

Question 16

Most administrative actions are resolved through negotiated settlements at their initial stages, without formal adjudication.​

Accepted Answer

A) True 
 B)False

Question 17

The Fourth Amendment protects against unreasonable searches and seizures by agencies.​

Accepted Answer

A) True 
 B)False

Question 18

Tim is a witness in a controversy involving the U.S. Bureau of Tobacco and Firearms. Tim can be compelled to appear before an administrative law judge if he is served with​

Accepted Answer

A)  ​an order for specific performance. 
B)  ​an executive order. 
C)  ​a subpoena. 
D)  ​a search warrant. 
A)  ​an order for specific performance. 
B)  ​an executive order. 
C)  ​a subpoena. 
D)  ​a search warrant.

Question 19

A subpoena duces tecum is an order compelling a witness to appear at an agency hearing.​

Accepted Answer

A) True 
 B)False

Question 20

The Bureau of Land Management uses notice-and-comment rulemaking. This involves a period during which​

Accepted Answer

A)  ​judges, legislators, and the president are asked about a proposed rule. 
B)  ​potential violators of a proposed rule are notified and publicized. 
C)  ​the administrators "notice" a problem and "comment" on it. 
D)  ​the public is asked to comment on a proposed rule. 
A)  ​judges, legislators, and the president are asked about a proposed rule. 
B)  ​potential violators of a proposed rule are notified and publicized. 
C)  ​the administrators "notice" a problem and "comment" on it. 
D)  ​the public is asked to comment on a proposed rule.

Exam 43: Administrative Agencies

A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA) may be challenged in​

Information Security Inc. pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies, the IRS was created by​

Independent federal regulatory agencies are outside the federal executive departments.​

The president of the United States may not veto congressional attempts to modify an agency's authority.​

Nursing Home Company is charged with violating a rule of the Social Security Administration. Most likely, Nursing Home will be required to appear at a hearing presided over by​

Labor Recruiters, Inc., has been ordered to appear at a hearing before an administrative law judge of the National Labor Relations Board. A significant difference between a trial and an administrative hearing is that​

The U.S. Mine Safety Administration conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in​

Final administrative rules have binding legal effect.​

The Federal Trade Commission (FTC) orders Retail Empire Inc. to reveal certain information. Retail Empire complains to a court, arguing that the order is an abuse of the FTC's discretion. Like other agencies, the FTC can use a subpoena to​

Organic Frozen Foods Corporation is subject to regulations issued by the Food and Drug Administration, which is a federal agency. These regulations are part of the body of​

To notify the public of a proposed rule, the Federal Emergency Management Agency, like other federal agencies, publishes the proposal​

An agency can make rules that are as legally binding as laws passed by Congress.​

Federal regulations take precedence over conflicting state regulations.​

The Occupational Safety and Health Administration (OSHA) issues new rules with regard to safety in industrial workplaces. After the final rules are issued, OSHA can conduct investigations to​

The Federal Emergency Management Agency (FEMA) discovers that Goodnuff Trailers, Inc., is violating a FEMA regulation. If this situation is resolved like most such disputes, the outcome will be​

Most administrative actions are resolved through negotiated settlements at their initial stages, without formal adjudication.​

The Fourth Amendment protects against unreasonable searches and seizures by agencies.​

Tim is a witness in a controversy involving the U.S. Bureau of Tobacco and Firearms. Tim can be compelled to appear before an administrative law judge if he is served with​

A subpoena duces tecum is an order compelling a witness to appear at an agency hearing.​

The Bureau of Land Management uses notice-and-comment rulemaking. This involves a period during which​

Law and Legal Reasoning

Courts and Alternative Dispute Resolution

Court Procedures

Business and the Constitution

Business Ethics

Tort Law

Strict Liability and Product Liability

Intellectual Property Rights

Internet Law, Social Media, and Privacy

Criminal Law and Cyber Crime

Nature and Terminology

Agreement in Traditional and E-Contracts

Consideration

Capacity and Legality

Mistakes, Fraud, and Voluntary Consent

The Writing Requirement in Our Digital World

Third Party Rights

Performance and Discharge

Breach of Contract and Remedies

The Formation of Sales and Lease Contracts

Title, Risk, and Insurable Interest

Performance and Breach of Sales and Lease Contracts

Warranties

International and Space Law

Negotiable Instruments

Transferability and Holder in Due Course

Liability, Defenses, and Discharge

Banking in the Digital Age

Creditors Rights and Remedies

Secured Transactions

Bankruptcy Law

Agency Formation and Duties

Agency Liability and Termination

Employment, Immigration, and Labor Law

Employment Discrimination

Small Businesses and Franchises

All Forms of Partnerships

Limited Liability Companies and Special Business Forms

Corporate Formation and Financing

Corporate Directors, Officers, and Shareholders

Mergers and Takeovers

Investor Protection, Insider Trading, and Corporate Governance

Consumer Law

Environmental Protection

Antitrust Law

Professional Liability and Accountability

Personal Property and Bailments

Real Property and Landlord-Tenant Law

Insurance

Wills and Trusts

The Legal Environment of Business

Torts and Crimes

Contracts and E-Contracts

Domestic and International Sales and Lease Contracts

Negotiable Instruments

Creditors Rights and Bankruptcy

Agency and Employment

Business Organizations

Government Regulation

A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA) may be challenged in

Information Security Inc. pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies, the IRS was created by

Independent federal regulatory agencies are outside the federal executive departments.

The president of the United States may not veto congressional attempts to modify an agency's authority.

Nursing Home Company is charged with violating a rule of the Social Security Administration. Most likely, Nursing Home will be required to appear at a hearing presided over by

Labor Recruiters, Inc., has been ordered to appear at a hearing before an administrative law judge of the National Labor Relations Board. A significant difference between a trial and an administrative hearing is that

The U.S. Mine Safety Administration conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in

Final administrative rules have binding legal effect.

The Federal Trade Commission (FTC) orders Retail Empire Inc. to reveal certain information. Retail Empire complains to a court, arguing that the order is an abuse of the FTC's discretion. Like other agencies, the FTC can use a subpoena to

Organic Frozen Foods Corporation is subject to regulations issued by the Food and Drug Administration, which is a federal agency. These regulations are part of the body of

To notify the public of a proposed rule, the Federal Emergency Management Agency, like other federal agencies, publishes the proposal

An agency can make rules that are as legally binding as laws passed by Congress.

Federal regulations take precedence over conflicting state regulations.

The Occupational Safety and Health Administration (OSHA) issues new rules with regard to safety in industrial workplaces. After the final rules are issued, OSHA can conduct investigations to

The Federal Emergency Management Agency (FEMA) discovers that Goodnuff Trailers, Inc., is violating a FEMA regulation. If this situation is resolved like most such disputes, the outcome will be

Most administrative actions are resolved through negotiated settlements at their initial stages, without formal adjudication.

The Fourth Amendment protects against unreasonable searches and seizures by agencies.

Tim is a witness in a controversy involving the U.S. Bureau of Tobacco and Firearms. Tim can be compelled to appear before an administrative law judge if he is served with

A subpoena duces tecum is an order compelling a witness to appear at an agency hearing.

The Bureau of Land Management uses notice-and-comment rulemaking. This involves a period during which