Question 1

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 2

The Nuclear Regulatory Commission (NRC) files a complaint against Energy Plant Corporation. The firm may want to settle the dispute, before formal adjudicatory proceedings begin, to avoid​

Accepted Answer

A)  ​appearing uncooperative. 
B)  ​eliminating the need for additional proceedings. 
C)  ​rectifying the problem to the NRC's satisfaction. 
D)  ​saving the expense of formal proceedings and later appeals. 
A)  ​appearing uncooperative. 
B)  ​eliminating the need for additional proceedings. 
C)  ​rectifying the problem to the NRC's satisfaction. 
D)  ​saving the expense of formal proceedings and later appeals.

Question 3

The most critical activity of an administrative agency is to spend more funds than are allocated to it.

Accepted Answer

A) True 
 B)False

Question 4

Congress can review new federal regulations before they take effect.

Accepted Answer

A) True 
 B)False

Question 5

Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision​

Accepted Answer

A)  ​changed the agency's prior policy without justification. 
B)  ​followed a consideration of all relevant factors. 
C)  ​was accompanied by a rational explanation. 
D)  ​was plainly warranted by the evidence. 
A)  ​changed the agency's prior policy without justification. 
B)  ​followed a consideration of all relevant factors. 
C)  ​was accompanied by a rational explanation. 
D)  ​was plainly warranted by the evidence.

Question 6

Maya seeks information about well-known businesspersons under the Freedom of Information Act. To obtain the information, Maya must​

Accepted Answer

A)  ​agree not to reveal any trade secrets. 
B)  ​reasonably describe the information. 
C)  ​get a court order. 
D)  ​have the subjects' permission. 
A)  ​agree not to reveal any trade secrets. 
B)  ​reasonably describe the information. 
C)  ​get a court order. 
D)  ​have the subjects' permission.

Question 7

A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious.

Accepted Answer

A) True 
 B)False

Question 8

Persons who favor the creation of a National Biotech Agency to regulate the production of genetically altered agricultural products should concentrate their lobbying efforts on​

Accepted Answer

A)  ​Congress. 
B)  ​federal administrative agencies that oversee agricultural products. 
C)  ​the United States Supreme Court. 
D)  ​the president of the United States. 
A)  ​Congress. 
B)  ​federal administrative agencies that oversee agricultural products. 
C)  ​the United States Supreme Court. 
D)  ​the president of the United States.

Question 9

The National Security Agency (NSA) wants Oceanic Airlines Inc. to produce certain records for review. To obtain the records, the NSA will issue​

Accepted Answer

A)  ​an order for specific performance. 
B)  ​a rule for parol evidence. 
C)  ​a formal complaint. 
D)  ​a subpoena. 
A)  ​an order for specific performance. 
B)  ​a rule for parol evidence. 
C)  ​a formal complaint. 
D)  ​a subpoena.

Question 10

Federal regulations take precedence over conflicting state regulations.

Accepted Answer

A) True 
 B)False

Question 11

Federal agencies must prepare guides that explain in "plain English" how small businesses can comply with federal regulations.

Accepted Answer

A) True 
 B)False

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

An agency must conduct a regulatory flexibility analysis whenever a new regulation will have "a significant impact on a substantial number" of small businesses.

Accepted Answer

A) True 
 B)False

Question 14

A subpoena ad testificandum is an order to an individual or organization to hand over certain records, papers, or books.

Accepted Answer

A) True 
 B)False

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

The Federal Trade Commission (FTC) is an independent regulatory agency. As such, the FTC is subject to​

Accepted Answer

A)  ​no higher authority. 
B)  ​less executive authority than executive agencies. 
C)  ​more executive authority than executive agencies. 
D)  ​the authority of nongovernmental oversight committees. 
A)  ​no higher authority. 
B)  ​less executive authority than executive agencies. 
C)  ​more executive authority than executive agencies. 
D)  ​the authority of nongovernmental oversight committees.

Question 17

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 18

Any party to a case may appeal the order of an administrative law judge to the board or commission that governs the agency.

Accepted Answer

A) True 
 B)False

Question 19

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 20

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.

Exam 23: Administrative Agencies

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

The Nuclear Regulatory Commission (NRC) files a complaint against Energy Plant Corporation. The firm may want to settle the dispute, before formal adjudicatory proceedings begin, to avoid​

The most critical activity of an administrative agency is to spend more funds than are allocated to it.

Congress can review new federal regulations before they take effect.

Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision​

Maya seeks information about well-known businesspersons under the Freedom of Information Act. To obtain the information, Maya must​

A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious.

Persons who favor the creation of a National Biotech Agency to regulate the production of genetically altered agricultural products should concentrate their lobbying efforts on​

The National Security Agency (NSA) wants Oceanic Airlines Inc. to produce certain records for review. To obtain the records, the NSA will issue​

Federal regulations take precedence over conflicting state regulations.

Federal agencies must prepare guides that explain in "plain English" how small businesses can comply with federal regulations.

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

An agency must conduct a regulatory flexibility analysis whenever a new regulation will have "a significant impact on a substantial number" of small businesses.

A subpoena ad testificandum is an order to an individual or organization to hand over certain records, papers, or books.

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

The Federal Trade Commission (FTC) is an independent regulatory agency. As such, the FTC is subject 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​

Any party to a case may appeal the order of an administrative law judge to the board or commission that governs the agency.

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 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​

Business Ethics

Small Businesses and Franchises

All Forms of Partnerships

Limited Liability Companies and Special Business Forms

Corporate Formation and Financing

Corporate Directors, Officers, and Shareholders

Securities Law and Corporate Governance

Tort Law

Agency Formation and Duties

Agency Liability and Termination

Employment, Immigration, and Labor Law

Employment Discrimination

The Formation of Sales and Lease Contracts

Performance and Breach of Sales and Lease Contracts

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

Professional Liability and Accountability

Consumer Law

Environmental Protection

Antitrust Law

Personal Property and Bailments

Real Property and Landlord-Tenant Law

Intellectual Property

Insurance

Wills and Trusts

Digital Update:should Employees Have a Right of Disconnecting

Digital Update: Revenge Porn and Invasion of Privacy

Digital Update: Taxing Web Purchases

Ethics Today:what Are an Attorneys Responsibilities for Protecting Data Stored in a Cloud

Digital Update:the Exploding World of Digital Property

Filters

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

The Nuclear Regulatory Commission (NRC) files a complaint against Energy Plant Corporation. The firm may want to settle the dispute, before formal adjudicatory proceedings begin, to avoid

Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

Maya seeks information about well-known businesspersons under the Freedom of Information Act. To obtain the information, Maya must

Persons who favor the creation of a National Biotech Agency to regulate the production of genetically altered agricultural products should concentrate their lobbying efforts on

The National Security Agency (NSA) wants Oceanic Airlines Inc. to produce certain records for review. To obtain the records, the NSA will issue

The Federal Trade Commission (FTC) is an independent regulatory agency. As such, the FTC is subject 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

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 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