Question 1

The first modern federal regulatory agency was created in 1887 to regulate:

Accepted Answer

A)  taxes 
B)  food and drugs 
C)  railroads 
D)  communications 
E)  courts 
A)  taxes 
B)  food and drugs 
C)  railroads 
D)  communications 
E)  courts

Question 2

In reviewing informal agency procedures, the courts are generally most concerned about:

Accepted Answer

A)  whether the particular agency procedure was fair 
B)  whether the decision was consistent with the legislative intent of Congress 
C)  courts do not review agency informal procedures 
D)  whether the particular agency procedure was fair and whether the decision was consistent with the legislative intent of Congress 
E)  none of the other choices 
A)  whether the particular agency procedure was fair 
B)  whether the decision was consistent with the legislative intent of Congress 
C)  courts do not review agency informal procedures 
D)  whether the particular agency procedure was fair and whether the decision was consistent with the legislative intent of Congress 
E)  none of the other choices

Question 3

Comments on proposed regulations may be filed only by parties with standing to address the regulation.

Accepted Answer

A) True 
 B)False

Question 4

For an administrative decision to be able to get to federal court on appeal, there must be jurisdiction, interest, challenge, and exhaustion.

Accepted Answer

A) True 
 B)False

Question 5

An agency develops materials that help those regulated understand what they are required to do to comply with the law through the process of:

Accepted Answer

A)  document drafting 
B)  rule making 
C)  rule enforcing 
D)  rule writing 
E)  rule passing 
A)  document drafting 
B)  rule making 
C)  rule enforcing 
D)  rule writing 
E)  rule passing

Question 6

When a court reviews the way an agency interprets a statute, it will use which scope of judicial review:

Accepted Answer

A)  the lowest scope possible 
B)  strict scrutiny compared to review of procedural requirements 
C)  an arbitrary and capricious standard compared to review of procedural requirements 
D)  less scrutiny compared to review of procedural requirements 
E)  remote effects scrutiny 
A)  the lowest scope possible 
B)  strict scrutiny compared to review of procedural requirements 
C)  an arbitrary and capricious standard compared to review of procedural requirements 
D)  less scrutiny compared to review of procedural requirements 
E)  remote effects scrutiny

Question 7

The Federal Trade Commission handles:

Accepted Answer

A)  discrimination cases 
B)  employment cases 
C)  antitrust cases 
D)  food and drug regulation cases 
E)  compensation cases 
A)  discrimination cases 
B)  employment cases 
C)  antitrust cases 
D)  food and drug regulation cases 
E)  compensation cases

Question 8

Which department usually handles the prosecution of criminal cases that are heard in federal court when an agency brings criminal charges against a party:

Accepted Answer

A)  the Department of Agencies 
B)  the Department of Business 
C)  the Department of Defense 
D)  the Department of Regulation 
E)  none of the other choices are correct 
A)  the Department of Agencies 
B)  the Department of Business 
C)  the Department of Defense 
D)  the Department of Regulation 
E)  none of the other choices are correct

Question 9

Congress grants to an agency the power to perform regulatory functions. A statute delegating power to an agency is called:

Accepted Answer

A)  an administrative statute 
B)  an enabling statute 
C)  a regulatory statute 
D)  a permanence statute 
E)  a public interest statute 
A)  an administrative statute 
B)  an enabling statute 
C)  a regulatory statute 
D)  a permanence statute 
E)  a public interest statute

Question 10

Administrative agencies may issue subpoenas to obtain business documents that agencies need for law enforcement. Subpoenas may:

Accepted Answer

A)  only be issued when there is good cause to believe that a violation of the law has occurred 
B)  be used to get confidential information 
C)  only be issued by a federal district judge 
D)  be used to obtain any information agencies want and no reasons need be given 
E)  none of the other choices 
A)  only be issued when there is good cause to believe that a violation of the law has occurred 
B)  be used to get confidential information 
C)  only be issued by a federal district judge 
D)  be used to obtain any information agencies want and no reasons need be given 
E)  none of the other choices

Question 11

In a hearing at an administrative agency, to determine if the law has been violated:

Accepted Answer

A)  defendants have the right to a jury trial 
B)  defendants may have a jury trial if the agency agrees to one 
C)  there is no right to jury trials except in cases involving agency common law 
D)  there is no right to jury trials in regulatory cases unless there is a possibility of a death sentence 
E)  none of the other choices 
A)  defendants have the right to a jury trial 
B)  defendants may have a jury trial if the agency agrees to one 
C)  there is no right to jury trials except in cases involving agency common law 
D)  there is no right to jury trials in regulatory cases unless there is a possibility of a death sentence 
E)  none of the other choices

Question 12

When federal agencies sue to enforce regulations, depending on the authority the agency has been granted by Congress, the agency:

Accepted Answer

A)  may sue for civil penalties 
B)  may sue to withhold property 
C)  may sue for criminal penalties 
D)  may sue for civil penalties and may sue to withhold property 
E)  may sue for civil penalties and may sue to withhold property and may sue for criminal penalties 
A)  may sue for civil penalties 
B)  may sue to withhold property 
C)  may sue for criminal penalties 
D)  may sue for civil penalties and may sue to withhold property 
E)  may sue for civil penalties and may sue to withhold property and may sue for criminal penalties

Question 13

The Federal Trade Commission handles:

Accepted Answer

A)  discrimination cases 
B)  employment cases 
C)  international cases 
D)  food and drug regulation cases 
E)  none of the other choices are correct 
A)  discrimination cases 
B)  employment cases 
C)  international cases 
D)  food and drug regulation cases 
E)  none of the other choices are correct

Question 14

The primary structure of administrative law is determined by the:

Accepted Answer

A)  Administrative Agencies Act 
B)  Administrative Procedures Act 
C)  Administrative Formalities Act 
D)  Administrative Legalities Act 
E)  Administrative Structural Act 
A)  Administrative Agencies Act 
B)  Administrative Procedures Act 
C)  Administrative Formalities Act 
D)  Administrative Legalities Act 
E)  Administrative Structural Act

Question 15

Over 50 federal regulatory agencies issue tens of thousands of pages of regulations per year.

Accepted Answer

A) True 
 B)False

Question 16

The ____ makes most documents held by federal agencies available to the public.

Accepted Answer

A)  Open Records Act 
B)  Data Quality Act 
C)  Data Obtaining Act 
D)  Privacy Act 
E)  none of the other choices are correct 
A)  Open Records Act 
B)  Data Quality Act 
C)  Data Obtaining Act 
D)  Privacy Act 
E)  none of the other choices are correct

Question 17

During a formal rulemaking process, an agency may send the proposed rule:

Accepted Answer

A)  to the appropriate oversight committee in Congress for a vote 
B)  to the U.S. Court of Appeals for review of constitutionality 
C)  to the White House for Presidential approval 
D)  all of the other specific choices 
E)  none of the other choices 
A)  to the appropriate oversight committee in Congress for a vote 
B)  to the U.S. Court of Appeals for review of constitutionality 
C)  to the White House for Presidential approval 
D)  all of the other specific choices 
E)  none of the other choices

Question 18

The Environmental Protection Agency could require a company subject to its regulations concerning pollution emissions to do all of the following except:

Accepted Answer

A)  bear the costs of collecting samples of emissions on a regular basis and report to the EPA 
B)  bear the cost of installing pollution monitoring equipment required by the EPA 
C)  make reports to the EPA on a regular basis about progress being made on improvements in pollution control 
D)  bear the costs of collecting samples of emissions on a regular basis and report to the EPA and make reports to the EPA on a regular basis about progress being made on improvements in pollution control 
E)  bear the costs of collecting samples of emissions on a regular basis and report to the EPA and make reports to the EPA on a regular basis about progress being made on improvements in pollution control and bear the cost of installing pollution monitoring equipment required by the EPA 
A)  bear the costs of collecting samples of emissions on a regular basis and report to the EPA 
B)  bear the cost of installing pollution monitoring equipment required by the EPA 
C)  make reports to the EPA on a regular basis about progress being made on improvements in pollution control 
D)  bear the costs of collecting samples of emissions on a regular basis and report to the EPA and make reports to the EPA on a regular basis about progress being made on improvements in pollution control 
E)  bear the costs of collecting samples of emissions on a regular basis and report to the EPA and make reports to the EPA on a regular basis about progress being made on improvements in pollution control and bear the cost of installing pollution monitoring equipment required by the EPA

Question 19

The Administrative Procedures Act is a major source of administrative law.

Accepted Answer

A) True 
 B)False

Question 20

Interpretive rules do not have to meet the notice and comment requirements of the Administrative Procedures Act.

Accepted Answer

A) True 
 B)False

Exam 17: The Regulatory Process

The first modern federal regulatory agency was created in 1887 to regulate:

In reviewing informal agency procedures, the courts are generally most concerned about:

Comments on proposed regulations may be filed only by parties with standing to address the regulation.

For an administrative decision to be able to get to federal court on appeal, there must be jurisdiction, interest, challenge, and exhaustion.

An agency develops materials that help those regulated understand what they are required to do to comply with the law through the process of:

When a court reviews the way an agency interprets a statute, it will use which scope of judicial review:

The Federal Trade Commission handles:

Which department usually handles the prosecution of criminal cases that are heard in federal court when an agency brings criminal charges against a party:

Congress grants to an agency the power to perform regulatory functions. A statute delegating power to an agency is called:

Administrative agencies may issue subpoenas to obtain business documents that agencies need for law enforcement. Subpoenas may:

In a hearing at an administrative agency, to determine if the law has been violated:

When federal agencies sue to enforce regulations, depending on the authority the agency has been granted by Congress, the agency:

The Federal Trade Commission handles:

The primary structure of administrative law is determined by the:

Over 50 federal regulatory agencies issue tens of thousands of pages of regulations per year.

The ____ makes most documents held by federal agencies available to the public.

During a formal rulemaking process, an agency may send the proposed rule:

The Environmental Protection Agency could require a company subject to its regulations concerning pollution emissions to do all of the following except:

The Administrative Procedures Act is a major source of administrative law.

Interpretive rules do not have to meet the notice and comment requirements of the Administrative Procedures Act.

Todays Business Environment: Law and Ethics

The Court Systems

Trials and Resolving Disputes

The Constitution: Focus on Application to Business

Criminal Law and Business

Elements of Torts

Business Torts and Product Liability

Real and Personal Property

Intellectual Property

Contracts

Domestic and International Sales

Business Organizations

Negotiable Instruments, Credit, and Bankruptcy

Agency and the Employment Relationship

Employment and Labor Regulations

Employment Discrimination

Securities Regulation

Consumer Protection

Antitrust Law

Environmental Law

The International Legal Environment of Business

Filters