Question 1

According to the U.S.Supreme Court,why should broad meaning be given to the concept of standing to sue?

Accepted Answer

The Administrative Procedures Act states

Question 2

In exercising their investigative functions,administrative agencies are excluded from using subpoena powers.

Accepted Answer

A) True 
 B)False

Question 3

Administrative agencies are needed to provide specificity to

Accepted Answer

A)  refer a problem or area to experts for solution and management. 
B)  protect the public, especially from the business community. 
C)  replace competition with regulation. 
D)  develop detailed rules and regulations to carry out a legislative policy. 
E)  provide services that have risen out of necessity. 
A)  refer a problem or area to experts for solution and management. 
B)  protect the public, especially from the business community. 
C)  replace competition with regulation. 
D)  develop detailed rules and regulations to carry out a legislative policy. 
E)  provide services that have risen out of necessity.

Question 4

Which of the following statements is true of the executive director in an administrative agency?

Accepted Answer

A)  The executive director is the chief operating official of an agency and supervises usual administrative functions. 
B)  The executive director is responsible for the minutes of agency meetings. 
C)  The executive director is the legal custodian of the records of any meetings. 
D)  The executive director is responsible for publication of all actions in the Federal Register. 
E)  The executive director is the chief law officer and legal adviser. 
A)  The executive director is the chief operating official of an agency and supervises usual administrative functions. 
B)  The executive director is responsible for the minutes of agency meetings. 
C)  The executive director is the legal custodian of the records of any meetings. 
D)  The executive director is responsible for publication of all actions in the Federal Register. 
E)  The executive director is the chief law officer and legal adviser.

Question 5

When administrative agencies exercise their quasi-legislative power by issuing guidelines that have the force and effect of law,they are ______.

Accepted Answer

A)  adjudicating 
B)  advising 
C)  rule making 
D)  investigating 
E)  policy making 
A)  adjudicating 
B)  advising 
C)  rule making 
D)  investigating 
E)  policy making

Question 6

Which of the following statements is true of administrative law judges?

Accepted Answer

A)  They lack immunity for the damages arising from their decisions. 
B)  They use prior decisions or precedent. 
C)  They refrain from performing any fact-finding functions. 
D)  They refrain from hearing cases of alleged law violations. 
E)  They have the option of either following procedural rules of the agency or its policy directives. 
A)  They lack immunity for the damages arising from their decisions. 
B)  They use prior decisions or precedent. 
C)  They refrain from performing any fact-finding functions. 
D)  They refrain from hearing cases of alleged law violations. 
E)  They have the option of either following procedural rules of the agency or its policy directives.

Question 7

For the courts to exercise their function of limited review,an agency must provide a record that sets forth the reasons and basis for its decision.

Accepted Answer

A) True 
 B)False

Question 8

What are the two constitutional limitations to the delegation of quasi-legislative authority to administrative agencies?

Accepted Answer

Delegation of quasi-legislative authorit

Question 9

The administrative process can give rise to too much discretionary power,often unstructured,and unchecked.This is a criticism of the administrative process relating to ______.

Accepted Answer

A)  personnel 
B)  procedures 
C)  substances 
D)  management 
E)  manpower 
A)  personnel 
B)  procedures 
C)  substances 
D)  management 
E)  manpower

Question 10

Which of the following is a unique agency device generally not available in the judicial system,as courts deal only with actual cases and controversies?

Accepted Answer

A)  limited cross examination 
B)  advisory opinion 
C)  formal ruling 
D)  investigative power 
E)  subpoena power 
A)  limited cross examination 
B)  advisory opinion 
C)  formal ruling 
D)  investigative power 
E)  subpoena power

Question 11

Which of the following doctrines applies when a claim is originally filed in the courts?

Accepted Answer

A)  estoppel 
B)  the doctrine of exhaustion of remedies 
C)  the doctrine of lapse 
D)  primary jurisdiction 
E)  the doctrine of precedent 
A)  estoppel 
B)  the doctrine of exhaustion of remedies 
C)  the doctrine of lapse 
D)  primary jurisdiction 
E)  the doctrine of precedent

Question 12

The Federal Reserve Board (FRB)found that Parson Inc.,a newly established financial company,had violated banking laws.The company was involved in transactions that were prohibited by the United States government.Along with imposing a hefty fine,the FRB issued an order on Parson to stop the nature of such objectionable transactions and ordered the firm to refrain from indulging in such transactions in the future.This order is an example of a(n)______.

Accepted Answer

A)  consent order 
B)  cease and desist order 
C)  preliminary order 
D)  commission order 
E)  assignment order 
A)  consent order 
B)  cease and desist order 
C)  preliminary order 
D)  commission order 
E)  assignment order

Question 13

In the context of the doctrine of exhaustion of remedies,the courts do not allow parties to litigate prior to exhausting administrative remedies.

Accepted Answer

A) True 
 B)False

Question 14

The ______ power of administrative agencies is primarily to decide on controversies.

Accepted Answer

A)  executive 
B)  judicial 
C)  legislative 
D)  arbitrary 
E)  preliminary 
A)  executive 
B)  judicial 
C)  legislative 
D)  arbitrary 
E)  preliminary

Question 15

Which of the following is true of administrative agencies?

Accepted Answer

A)  The actual regulatory activity is performed by administrative agencies. 
B)  Administrative agencies that issue rules having impact of laws are called quasi-judicial agencies. 
C)  State and local governments do not have administrative agencies. 
D)  Administrative agencies with quasi-executive authority make decisions like a court. 
E)  Administrative agencies license and regulate intrastate transportation. 
A)  The actual regulatory activity is performed by administrative agencies. 
B)  Administrative agencies that issue rules having impact of laws are called quasi-judicial agencies. 
C)  State and local governments do not have administrative agencies. 
D)  Administrative agencies with quasi-executive authority make decisions like a court. 
E)  Administrative agencies license and regulate intrastate transportation.

Question 16

Which of the following statements is true of organization of agencies?

Accepted Answer

A)  Administrative agencies or boards usually consist of 35 or 40 members to ensure transparency in their functioning. 
B)  Appointees at the federal level are permitted to engage in any other business or employment during their terms. 
C)  Appointees may be removed by the president for neglect of duty and inefficiency. 
D)  A simple majority of the members forming the body should belong to a different political party. 
E)  A secretary is vested with a power to remove an appointee for malfeasance in office. 
A)  Administrative agencies or boards usually consist of 35 or 40 members to ensure transparency in their functioning. 
B)  Appointees at the federal level are permitted to engage in any other business or employment during their terms. 
C)  Appointees may be removed by the president for neglect of duty and inefficiency. 
D)  A simple majority of the members forming the body should belong to a different political party. 
E)  A secretary is vested with a power to remove an appointee for malfeasance in office.

Question 17

What are the costs to a business that are associated with the regulatory process?

Accepted Answer

Regulation is a form of taxation.It dire

Question 18

Administrative law judges are

Accepted Answer

A)  organizationally separate from the rest of the agency. 
B)  responsible for the minutes of agency meetings and are legal custodians of its records. 
C)  exempt from the protection of immunity. 
D)  excluded from hearing cases of alleged law violations. 
E)  intermediaries between regulators and those being regulated. 
A)  organizationally separate from the rest of the agency. 
B)  responsible for the minutes of agency meetings and are legal custodians of its records. 
C)  exempt from the protection of immunity. 
D)  excluded from hearing cases of alleged law violations. 
E)  intermediaries between regulators and those being regulated.

Question 19

What is a consent order?

Accepted Answer

Many cases before agencies are settled b

Question 20

Administrative agencies often provide needed continuity and consistency in the formulation,application,and enforcement of rules and regulations governing business.By doing so,these agencies are providing ______.

Accepted Answer

A)  specificity 
B)  expertise 
C)  protection 
D)  regulation 
E)  services 
A)  specificity 
B)  expertise 
C)  protection 
D)  regulation 
E)  services

Exam 15: The Regulatory Process

According to the U.S.Supreme Court,why should broad meaning be given to the concept of standing to sue?

In exercising their investigative functions,administrative agencies are excluded from using subpoena powers.

Administrative agencies are needed to provide specificity to

Which of the following statements is true of the executive director in an administrative agency?

When administrative agencies exercise their quasi-legislative power by issuing guidelines that have the force and effect of law,they are ______.

Which of the following statements is true of administrative law judges?

For the courts to exercise their function of limited review,an agency must provide a record that sets forth the reasons and basis for its decision.

What are the two constitutional limitations to the delegation of quasi-legislative authority to administrative agencies?

The administrative process can give rise to too much discretionary power,often unstructured,and unchecked.This is a criticism of the administrative process relating to ______.

Which of the following is a unique agency device generally not available in the judicial system,as courts deal only with actual cases and controversies?

Which of the following doctrines applies when a claim is originally filed in the courts?

In the context of the doctrine of exhaustion of remedies,the courts do not allow parties to litigate prior to exhausting administrative remedies.

The ______ power of administrative agencies is primarily to decide on controversies.

Which of the following is true of administrative agencies?

Which of the following statements is true of organization of agencies?

What are the costs to a business that are associated with the regulatory process?

Administrative law judges are

What is a consent order?

Administrative agencies often provide needed continuity and consistency in the formulation,application,and enforcement of rules and regulations governing business.By doing so,these agencies are providing ______.

Law As a Foundation for Business

The Role of Ethics in Decision Making

The Court System

Litigation

Alternative Dispute Resolution

The Constitution

The Property System

Contract Formation

Contractual Performance and Breach

Torts Affecting Business

Intellectual Property

International Law

Criminal Law and Business

Business Organizations

Regulating Competitionantitrust Laws

Financial and Securities Regulations

Regulations Protecting Consumer Purchases, privacy, and Financial Activities

Environmental Regulation

Discrimination in Employment

Employment Laws

Labormanagement Relationship

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