Question 1

In a(n)______ type of regulatory authority,an agency can make decisions like a court.

Accepted Answer

A)  quasi-judicial 
B)  quasi-executive 
C)  in personam 
D)  quasi-regulatory 
E)  quasi in rem 
A)  quasi-judicial 
B)  quasi-executive 
C)  in personam 
D)  quasi-regulatory 
E)  quasi in rem

Question 2

Substantial evidence is that which a reasonable mind might accept as adequate to support a conclusion.

Accepted Answer

A) True 
 B)False

Question 3

In the context of delegation of quasi-legislative authority,courts can interfere with the discretion given to an agency and can substitute their judgment for that of the agency.

Accepted Answer

A) True 
 B)False

Question 4

Which of the following statements is true of the review of rule making?

Accepted Answer

A)  The rule-making function in the administrative process is essentially executive in character. 
B)  Before a court can find a proposal void, an administrative agency must propose rules within the confines of its grant of power from the legislature. 
C)  A court will inquire into its wisdom or effectiveness even after deciding that an act of the legislature or the action of an agency is authorized. 
D)  Political action at polls is excluded from correcting an unwise or an ineffectual law. 
E)  The scope of the legislature makes it impossible for it to correct an unwise regulation made by an agency in cases where the legislature was responsible for granting the agency such power. 
A)  The rule-making function in the administrative process is essentially executive in character. 
B)  Before a court can find a proposal void, an administrative agency must propose rules within the confines of its grant of power from the legislature. 
C)  A court will inquire into its wisdom or effectiveness even after deciding that an act of the legislature or the action of an agency is authorized. 
D)  Political action at polls is excluded from correcting an unwise or an ineffectual law. 
E)  The scope of the legislature makes it impossible for it to correct an unwise regulation made by an agency in cases where the legislature was responsible for granting the agency such power.

Question 5

Which of the following issues of administrative agencies relates to the substantive outcome of agencies' rule-making and adjudicating authority?

Accepted Answer

A)  It is very difficult to discharge unsatisfactory employees. 
B)  The reward system usually does not make a significant distinction between excellent, mediocre, and poor performances. 
C)  The administrative process is overwhelmed with paperwork and with meetings. 
D)  Enforcement of some laws varies over time. 
E)  There is often a lack of enforcement procedures to follow up on actions taken to ensure compliance. 
A)  It is very difficult to discharge unsatisfactory employees. 
B)  The reward system usually does not make a significant distinction between excellent, mediocre, and poor performances. 
C)  The administrative process is overwhelmed with paperwork and with meetings. 
D)  Enforcement of some laws varies over time. 
E)  There is often a lack of enforcement procedures to follow up on actions taken to ensure compliance.

Question 6

Which of the following statements is true of the judicial review of administrative agency's adjudications?

Accepted Answer

A)  Administrative agencies develop their own rules of procedure unless mandated otherwise by an act of the legislature. 
B)  Courts and legislative bodies are better than administrative agencies to decide on the rules of procedure and methods of inquiry based on their familiarity with the industry. 
C)  In reviewing the procedures of administrative agencies, courts have absolute authority to substitute their judgment or their own procedures for those of the agency. 
D)  Procedures set by the administrative agencies are far more formal than judicial procedures. 
E)  Administrative agencies are completely restricted by the strict rules of evidence used by courts. 
A)  Administrative agencies develop their own rules of procedure unless mandated otherwise by an act of the legislature. 
B)  Courts and legislative bodies are better than administrative agencies to decide on the rules of procedure and methods of inquiry based on their familiarity with the industry. 
C)  In reviewing the procedures of administrative agencies, courts have absolute authority to substitute their judgment or their own procedures for those of the agency. 
D)  Procedures set by the administrative agencies are far more formal than judicial procedures. 
E)  Administrative agencies are completely restricted by the strict rules of evidence used by courts.

Question 7

Which of the following statements is true of the doctrine of exhaustion of remedies?

Accepted Answer

A)  It applies when a claim is originally filed in the courts. 
B)  It comes into play whenever enforcement of a claim requires the resolution of issues that were placed within the special competence of an administrative body. 
C)  It is an absolute principle, and courts usually deny parties the right to litigate prior to exhausting administrating remedies. 
D)  It increases the premature interruption of the administrative process. 
E)  It allows an agency to discover and correct its own errors, and thus it helps to dispense with any reason for judicial review. 
A)  It applies when a claim is originally filed in the courts. 
B)  It comes into play whenever enforcement of a claim requires the resolution of issues that were placed within the special competence of an administrative body. 
C)  It is an absolute principle, and courts usually deny parties the right to litigate prior to exhausting administrating remedies. 
D)  It increases the premature interruption of the administrative process. 
E)  It allows an agency to discover and correct its own errors, and thus it helps to dispense with any reason for judicial review.

Question 8

How does the executive branch of a government influence the administrative process?

Accepted Answer

Each branch of government has some contr

Question 9

Business often fails to regulate itself,and the lack of self-regulation is contrary to the public interest.To counterbalance,administrative agencies exist to

Accepted Answer

A)  refer the 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 the legislative policy. 
E)  provide services that have arisen out of necessity. 
A)  refer the 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 the legislative policy. 
E)  provide services that have arisen out of necessity.

Question 10

The general language used in delegating quasi-judicial authority usually involves grants of substantial discretion to an agency.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following type of regulatory authority issues rules that have the impact of laws?

Accepted Answer

A)  in personam 
B)  quasi-executive 
C)  quasi-legislative 
D)  quasi-regulatory 
E)  quasi in rem 
A)  in personam 
B)  quasi-executive 
C)  quasi-legislative 
D)  quasi-regulatory 
E)  quasi in rem

Question 12

Which of the following statements is true of factors influencing agency decisions?

Accepted Answer

A)  It is ideal that a rule or a regulation be adopted without having to follow the due process of law. 
B)  Agencies are predominantly politically responsible for their decisions. 
C)  At public hearings, interested parties are allowed to present evidence in support of, or in opposition to, a proposed rule or regulation. 
D)  An ineffective means of influencing a quasi-legislative decision of an administrative agency is to participate in the adoption process as such participation is time-consuming and expensive. 
E)  The advantage of the administrative agencies is that it is free from any control from any branch of the government. 
A)  It is ideal that a rule or a regulation be adopted without having to follow the due process of law. 
B)  Agencies are predominantly politically responsible for their decisions. 
C)  At public hearings, interested parties are allowed to present evidence in support of, or in opposition to, a proposed rule or regulation. 
D)  An ineffective means of influencing a quasi-legislative decision of an administrative agency is to participate in the adoption process as such participation is time-consuming and expensive. 
E)  The advantage of the administrative agencies is that it is free from any control from any branch of the government.

Question 13

Courts will hold that an agency exceeds its authority if an analysis of legislative intent confirms the view that the agency has gone beyond that intent,however noble its purpose may be.

Accepted Answer

A) True 
 B)False

Question 14

Which of the following statements is true of a secretary in an administrative agency?

Accepted Answer

A)  A secretary is responsible for the minutes of agency meetings and is legal custodian of its records. 
B)  A secretary is designated as such at the time of nomination by the president. 
C)  A secretary is the presiding officer at agency meetings. 
D)  A secretary is not responsible for agency functions such as signing orders and official correspondence. 
E)  A secretary is the chief operating official of an agency and supervises usual administrative functions such as accounting. 
A)  A secretary is responsible for the minutes of agency meetings and is legal custodian of its records. 
B)  A secretary is designated as such at the time of nomination by the president. 
C)  A secretary is the presiding officer at agency meetings. 
D)  A secretary is not responsible for agency functions such as signing orders and official correspondence. 
E)  A secretary is the chief operating official of an agency and supervises usual administrative functions such as accounting.

Question 15

When a firm is given monopoly power,it loses its freedom of contract,and a governmental body is given the power to determine the provisions of its contracts.The government agency is providing ______.

Accepted Answer

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

In a(n)______ type of regulatory authority,an agency can make decisions like a court.

Substantial evidence is that which a reasonable mind might accept as adequate to support a conclusion.

In the context of delegation of quasi-legislative authority,courts can interfere with the discretion given to an agency and can substitute their judgment for that of the agency.

Which of the following statements is true of the review of rule making?

Which of the following issues of administrative agencies relates to the substantive outcome of agencies' rule-making and adjudicating authority?

Which of the following statements is true of the judicial review of administrative agency's adjudications?

Which of the following statements is true of the doctrine of exhaustion of remedies?

How does the executive branch of a government influence the administrative process?

Business often fails to regulate itself,and the lack of self-regulation is contrary to the public interest.To counterbalance,administrative agencies exist to

The general language used in delegating quasi-judicial authority usually involves grants of substantial discretion to an agency.

Which of the following type of regulatory authority issues rules that have the impact of laws?

Which of the following statements is true of factors influencing agency decisions?

Courts will hold that an agency exceeds its authority if an analysis of legislative intent confirms the view that the agency has gone beyond that intent,however noble its purpose may be.

Which of the following statements is true of a secretary in an administrative agency?

When a firm is given monopoly power,it loses its freedom of contract,and a governmental body is given the power to determine the provisions of its contracts.The government agency is 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

Filters

Exam 15: The Regulatory Process

In a(n)______ type of regulatory authority,an agency can make decisions like a court.

Substantial evidence is that which a reasonable mind might accept as adequate to support a conclusion.

In the context of delegation of quasi-legislative authority,courts can interfere with the discretion given to an agency and can substitute their judgment for that of the agency.

Which of the following statements is true of the review of rule making?

Which of the following issues of administrative agencies relates to the substantive outcome of agencies' rule-making and adjudicating authority?

Which of the following statements is true of the judicial review of administrative agency's adjudications?

Which of the following statements is true of the doctrine of exhaustion of remedies?

How does the executive branch of a government influence the administrative process?

Business often fails to regulate itself,and the lack of self-regulation is contrary to the public interest.To counterbalance,administrative agencies exist to

The general language used in delegating quasi-judicial authority usually involves grants of substantial discretion to an agency.

Which of the following type of regulatory authority issues rules that have the impact of laws?

Which of the following statements is true of factors influencing agency decisions?

Courts will hold that an agency exceeds its authority if an analysis of legislative intent confirms the view that the agency has gone beyond that intent,however noble its purpose may be.

Which of the following statements is true of a secretary in an administrative agency?

When a firm is given monopoly power,it loses its freedom of contract,and a governmental body is given the power to determine the provisions of its contracts.The government agency is 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

Filters