Question 1

What is required by the substantial evidence test?

Accepted Answer

A) The conclusions reached must be supported by such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. 
B) It permits the court to try the facts de novo. 
C) It requires that the agency set aside action if it is prejudicial. 
D) It requires proof beyond a reasonable doubt. 
A) The conclusions reached must be supported by such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. 
B) It permits the court to try the facts de novo. 
C) It requires that the agency set aside action if it is prejudicial. 
D) It requires proof beyond a reasonable doubt.

Question 2

The Freedom of Information Act and the Government in the Sunshine Act are different names for the same statute.

Accepted Answer

A) True 
 B)False

Question 3

Congress has enacted disclosure statutes to enhance public and political oversight of agency activities.These statutes include:

Accepted Answer

A) Freedom of Information Act. 
B) Government in the Sunshine Act. 
C) Both (a) and (b) are correct. 
D) Neither (a) nor (b). 
A) Freedom of Information Act. 
B) Government in the Sunshine Act. 
C) Both (a) and (b) are correct. 
D) Neither (a) nor (b).

Question 4

Administrative hearings are held before a jury, just as are court hearings.

Accepted Answer

A) True 
 B)False

Question 5

Administrative law judges are appointed by the President and confirmed by the Senate just as are judges in the U.S.District Court.

Accepted Answer

A) True 
 B)False

Question 6

The legislature may exercise control of administrative agencies in various ways.These are:

Accepted Answer

A) through its budgetary power. 
B) through the power to appoint and remove chief administrators. 
C) by amending an enabling statute to increase, modify, or decrease an agency's authority. 
D) (a) and (c) but not (b). 
A) through its budgetary power. 
B) through the power to appoint and remove chief administrators. 
C) by amending an enabling statute to increase, modify, or decrease an agency's authority. 
D) (a) and (c) but not (b).

Question 7

When a decision is made by an administrative law judge, it is final; there is no recourse for appeal.

Accepted Answer

A) True 
 B)False

Question 8

Federal legislation that requires agencies to maintain in their records only that information about an individual that is relevant and necessary to accomplish an agency function and to collect information to the greatest extent practicable directly from the individual is the:

Accepted Answer

A) FOIA. 
B) Privacy Act. 
C) Government in the Sunshine Act. 
D) APA. 
A) FOIA. 
B) Privacy Act. 
C) Government in the Sunshine Act. 
D) APA.

Question 9

An agency may impose in its orders sanctions, such as seizing property or revoking a license.

Accepted Answer

A) True 
 B)False

Question 10

The letters ALJ refer to:

Accepted Answer

A) American Law Judges. 
B) the Administration's Legal Judge. 
C) Administrative Law Judge. 
D) Administrative Local Judiciary. 
A) American Law Judges. 
B) the Administration's Legal Judge. 
C) Administrative Law Judge. 
D) Administrative Local Judiciary.

Question 11

Administrative agencies perform what basic function?

Accepted Answer

A) Rulemaking. 
B) Law enforcement. 
C) Adjudication. 
D) All of the above. 
E) None of the above. 
A) Rulemaking. 
B) Law enforcement. 
C) Adjudication. 
D) All of the above. 
E) None of the above.

Question 12

Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by that agency is then appealed to the courts, the court will generally apply what standard in reviewing factual determinations?

Accepted Answer

A) The unwarranted by the facts standard. 
B) The substantial evidence standard. 
C) The arbitrary and capricious standard. 
D) The beyond a reasonable doubt standard. 
A) The unwarranted by the facts standard. 
B) The substantial evidence standard. 
C) The arbitrary and capricious standard. 
D) The beyond a reasonable doubt standard.

Question 13

Federal agencies may not charge for providing records to a person requesting access to the agency's files.

Accepted Answer

A) True 
 B)False

Question 14

An important and fundamental part of administrative law is the limits imposed by judicial review upon the activities of administrative agencies.

Accepted Answer

A) True 
 B)False

Question 15

What standard does a court use in reviewing the factual determinations of an administrative agency?

Accepted Answer

A) Whether the agency had a rational basis for reaching its decision. 
B) Whether the conclusions reached are supported by substantial evidence. 
C) Whether the conclusions were unwarranted by the facts. 
D) Any one of the above, depending on the particular situation. 
A) Whether the agency had a rational basis for reaching its decision. 
B) Whether the conclusions reached are supported by substantial evidence. 
C) Whether the conclusions were unwarranted by the facts. 
D) Any one of the above, depending on the particular situation.

Question 16

In reviewing an agency action, which of the following are included in the questions of law a court will consider?

Accepted Answer

A) Whether the agency violated any constitutional provision. 
B) Whether the agency acted contrary to the procedural requirements of the law. 
C) Whether the agency exceeded its authority. 
D) All of the above. 
A) Whether the agency violated any constitutional provision. 
B) Whether the agency acted contrary to the procedural requirements of the law. 
C) Whether the agency exceeded its authority. 
D) All of the above.

Exam 5: Administrative Law

What is required by the substantial evidence test?

The Freedom of Information Act and the Government in the Sunshine Act are different names for the same statute.

Congress has enacted disclosure statutes to enhance public and political oversight of agency activities.These statutes include:

Administrative hearings are held before a jury, just as are court hearings.

Administrative law judges are appointed by the President and confirmed by the Senate just as are judges in the U.S.District Court.

The legislature may exercise control of administrative agencies in various ways.These are:

When a decision is made by an administrative law judge, it is final; there is no recourse for appeal.

Federal legislation that requires agencies to maintain in their records only that information about an individual that is relevant and necessary to accomplish an agency function and to collect information to the greatest extent practicable directly from the individual is the:

An agency may impose in its orders sanctions, such as seizing property or revoking a license.

The letters ALJ refer to:

Administrative agencies perform what basic function?

Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by that agency is then appealed to the courts, the court will generally apply what standard in reviewing factual determinations?

Federal agencies may not charge for providing records to a person requesting access to the agency's files.

An important and fundamental part of administrative law is the limits imposed by judicial review upon the activities of administrative agencies.

What standard does a court use in reviewing the factual determinations of an administrative agency?

In reviewing an agency action, which of the following are included in the questions of law a court will consider?

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