Question 1

If an agency order is appealed, the governing body of the agency may decide the case de novo.In this context, the term de novo means:

Accepted Answer

A) agency hearings produce evidence of general conditions. 
B) the agency may hear additional evidence and arguments in deciding whether to revise the findings and conclusions made in the initial decision. 
C) without regard to new evidence. 
D) an agency may impose in its orders sanctions such as penalties. 
A) agency hearings produce evidence of general conditions. 
B) the agency may hear additional evidence and arguments in deciding whether to revise the findings and conclusions made in the initial decision. 
C) without regard to new evidence. 
D) an agency may impose in its orders sanctions such as penalties.

Question 2

Federal administrative agencies must, within one year after creating records, make them available by electronic means.

Accepted Answer

A) True 
 B)False

Question 3

Interpretative rules of administrative agencies are not automatically binding on the courts.

Accepted Answer

A) True 
 B)False

Question 4

If the decision of an ALJ is appealed to the governing body of the agency, the case may be decided de novo.

Accepted Answer

A) True 
 B)False

Question 5

A federal agency that wishes to adopt administrative rules must do so in compliance with the:

Accepted Answer

A) Administrative Procedures Act. 
B) U.S.Constitution. 
C) agency's enabling statute. 
D) Rules must be adopted in compliance with all of the above. 
A) Administrative Procedures Act. 
B) U.S.Constitution. 
C) agency's enabling statute. 
D) Rules must be adopted in compliance with all of the above.

Question 6

An administrative law judge for the Federal Trade Commission decides a case against a retail store chain.The company then appeals the decision to the commission itself.Which of the following is correct regarding the appeal of the case from the administrative law judge to the commission?

Accepted Answer

A) The commission may decide the case de novo. 
B) There is no appeal from the decision of the ALJ. 
C) The commission will decide the case by having a jury trial. 
D) The rules of evidence will be strictly applied by the commission in deciding the case. 
A) The commission may decide the case de novo. 
B) There is no appeal from the decision of the ALJ. 
C) The commission will decide the case by having a jury trial. 
D) The rules of evidence will be strictly applied by the commission in deciding the case.

Question 7

When reviewing factual determinations of an administrative agency, the courts must always use the arbitrary and capricious test.

Accepted Answer

A) True 
 B)False

Question 8

(a) What is the purpose of the Freedom of Information Act?
(b) To what categories of records does the FOIA allow denial of access?

Accepted Answer

(a)The purpose of the Freedom of Informa

Question 9

The SEC would like to adopt some new rules to protect investors.What factors should it consider as part of the administrative process?

Accepted Answer

Administrative rules can be legislative,

Question 10

All agency decisions must include a statement of findings of fact and conclusions of law and the reasons or basis for them, as well as a statement of the appropriate relief.

Accepted Answer

A) True 
 B)False

Question 11

There are more than twice as many federal judges as there are administrative law judges.

Accepted Answer

A) True 
 B)False

Question 12

Only documentary evidence may be admitted at an administrative hearing.

Accepted Answer

A) True 
 B)False

Question 13

What is an administrative agency? What powers does an administrative agency possess? How does an administrative agency utilize its powers?

Accepted Answer

Administrative agencies are governmental

Question 14

Agencies create more legal rules and adjudicate more controversies than all the nation's legislatures and courts combined.

Accepted Answer

A) True 
 B)False

Question 15

The 1990 Negotiated Rulemaking Act requires agencies to use negotiated rulemaking in the majority of circumstances.

Accepted Answer

A) True 
 B)False

Question 16

How are ALJs selected?

Accepted Answer

A) They are appointed by the president and then confirmed by Congress. 
B) They are elected by Congress. 
C) They are appointed by the president without confirmation by Congress. 
D) They are appointed by the agency through a professional merit selection system. 
A) They are appointed by the president and then confirmed by Congress. 
B) They are elected by Congress. 
C) They are appointed by the president without confirmation by Congress. 
D) They are appointed by the agency through a professional merit selection system.

Question 17

Rulemaking powers of federal agencies are primarily governed by the:

Accepted Answer

A) SEC. 
B) APA. 
C) FCC. 
D) NHTSA. 
A) SEC. 
B) APA. 
C) FCC. 
D) NHTSA.

Question 18

Parties seeking to challenge agency action must have standing and must have exhausted their administrative remedies.

Accepted Answer

A) True 
 B)False

Question 19

What limits are imposed on administrative agencies by each of the following: (a) the courts; (b) Congress; and (c) the executive branch?

Accepted Answer

The courts exercise a check on administr

Question 20

Explain what is considered a "major rule" and the effect of an administrative rule's being in this category.

Accepted Answer

The Congressional Review Act enacted in

Exam 5: Administrative Law

If an agency order is appealed, the governing body of the agency may decide the case de novo.In this context, the term de novo means:

Federal administrative agencies must, within one year after creating records, make them available by electronic means.

Interpretative rules of administrative agencies are not automatically binding on the courts.

If the decision of an ALJ is appealed to the governing body of the agency, the case may be decided de novo.

A federal agency that wishes to adopt administrative rules must do so in compliance with the:

An administrative law judge for the Federal Trade Commission decides a case against a retail store chain.The company then appeals the decision to the commission itself.Which of the following is correct regarding the appeal of the case from the administrative law judge to the commission?

When reviewing factual determinations of an administrative agency, the courts must always use the arbitrary and capricious test.

(a) What is the purpose of the Freedom of Information Act? (b) To what categories of records does the FOIA allow denial of access?

The SEC would like to adopt some new rules to protect investors.What factors should it consider as part of the administrative process?

All agency decisions must include a statement of findings of fact and conclusions of law and the reasons or basis for them, as well as a statement of the appropriate relief.

There are more than twice as many federal judges as there are administrative law judges.

Only documentary evidence may be admitted at an administrative hearing.

What is an administrative agency? What powers does an administrative agency possess? How does an administrative agency utilize its powers?

Agencies create more legal rules and adjudicate more controversies than all the nation's legislatures and courts combined.

The 1990 Negotiated Rulemaking Act requires agencies to use negotiated rulemaking in the majority of circumstances.

How are ALJs selected?

Rulemaking powers of federal agencies are primarily governed by the:

Parties seeking to challenge agency action must have standing and must have exhausted their administrative remedies.

What limits are imposed on administrative agencies by each of the following: (a) the courts; (b) Congress; and (c) the executive branch?

Explain what is considered a "major rule" and the effect of an administrative rule's being in this category.

Introduction to Law

Business Ethics

Civil Dispute Resolution

Constitutional Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remedies

Form and Content

Transfer

Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Intellectual Property

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

Environmental Law

International Business Law

Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Wills

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