Question 1

Concerning administrative investigations:

Accepted Answer

A)  agencies are severely limited by the constitutional protection against unreasonable searches and seizures. 
B)  a search warrant is always required to search premises. 
C)  papers and records generally may be subpoenaed by an agency. 
D)  a person does not have constitutional protection against unreasonable searches and seizures. 
A)  agencies are severely limited by the constitutional protection against unreasonable searches and seizures. 
B)  a search warrant is always required to search premises. 
C)  papers and records generally may be subpoenaed by an agency. 
D)  a person does not have constitutional protection against unreasonable searches and seizures.

Question 2

Which of the following is beyond the enforcement power of an agency?

Accepted Answer

A)  requiring proof of compliance with agency regulations 
B)  issuing a cease-and-desist order 
C)  convicting of criminal violations 
D)  imposing civil penalties 
A)  requiring proof of compliance with agency regulations 
B)  issuing a cease-and-desist order 
C)  convicting of criminal violations 
D)  imposing civil penalties

Question 3

Administrative agencies are not subject to the constitutional protections afforded individuals and businesses.

Accepted Answer

A) True 
 B)False

Question 4

An administrative agency:

Accepted Answer

A)  is not empowered to act as a court with regard to its own regulations. 
B)  acts as a specialized court of limited jurisdiction. 
C)  can hear complaints only in the presence of a jury. 
D)  cannot impose penalties for violation of its regulations. 
A)  is not empowered to act as a court with regard to its own regulations. 
B)  acts as a specialized court of limited jurisdiction. 
C)  can hear complaints only in the presence of a jury. 
D)  cannot impose penalties for violation of its regulations.

Question 5

Regulations properly adopted by agencies are important,but they do not have the full force of law as do statutes.

Accepted Answer

A) True 
 B)False

Question 6

An administrative agency has the power to investigate,to require persons to appear as witnesses,to require witnesses to produce relevant papers and records,and to bring proceedings against those who violate the law.

Accepted Answer

A) True 
 B)False

Question 7

The public has access to the activity of administrative agencies in three ways: (1)open records,(2)open meetings,and (3)public announcement of agency guidelines.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is true about judicial review of agency action?

Accepted Answer

A)  Judges tend to substitute their own judgment for that of the agency. 
B)  Courts will reverse agency decisions merely because the court would have made a different decision based on the same facts. 
C)  Courts will reverse a decision if they disagree with the legal interpretation. 
D)  All of the above 
A)  Judges tend to substitute their own judgment for that of the agency. 
B)  Courts will reverse agency decisions merely because the court would have made a different decision based on the same facts. 
C)  Courts will reverse a decision if they disagree with the legal interpretation. 
D)  All of the above

Question 9

Generally,which power(s)does (do)an administrative agency possess?

Accepted Answer

A)  all powers necessary to effectively perform the duties entrusted to it 
B)  legislative only 
C)  judicial only 
D)  executive only 
A)  all powers necessary to effectively perform the duties entrusted to it 
B)  legislative only 
C)  judicial only 
D)  executive only

Question 10

An administrative agency cannot hold a hearing without a jury.

Accepted Answer

A) True 
 B)False

Question 11

When it comes to administrative agencies,courts:

Accepted Answer

A)  regard agencies as able to perform their duties effectively. 
B)  accept rules that have been established by agencies using a rational basis. 
C)  do not substitute their own judgment in agency decisions. 
D)  all of the above. 
A)  regard agencies as able to perform their duties effectively. 
B)  accept rules that have been established by agencies using a rational basis. 
C)  do not substitute their own judgment in agency decisions. 
D)  all of the above.

Question 12

The most recent addition to the American governmental structure is the:

Accepted Answer

A)  executive branch. 
B)  administrative agency. 
C)  judicial branch. 
D)  legislative branch. 
A)  executive branch. 
B)  administrative agency. 
C)  judicial branch. 
D)  legislative branch.

Question 13

Members of administrative agencies are ordinarily

Accepted Answer

A)  pre-selected. 
B)  elected. 
C)  assigned. 
D)  appointed. 
A)  pre-selected. 
B)  elected. 
C)  assigned. 
D)  appointed.

Question 14

A federal agency planning to adopt a new regulation must give public notice of such intent and then hold a hearing at which members of the public may express their views and make suggestions.

Accepted Answer

A) True 
 B)False

Question 15

An administrative agency is a governmental body charged with administering and implementing legislation.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following is part of an administrative agency's power to investigate?

Accepted Answer

A)  an investigation to determine whether additional administrative rules need to be adopted 
B)  an investigation to ascertain facts with respect to a particular suspected or alleged violation 
C)  an investigation to determine whether the defendant in a proceeding before the agency is complying with its final order 
D)  all of the above 
A)  an investigation to determine whether additional administrative rules need to be adopted 
B)  an investigation to ascertain facts with respect to a particular suspected or alleged violation 
C)  an investigation to determine whether the defendant in a proceeding before the agency is complying with its final order 
D)  all of the above

Question 17

Under modern law,when the issue that an agency decides is a question of law based on a technical statute:

Accepted Answer

A)  the court on appeal will reverse the agency's decision if the court disagrees with the decision. 
B)  the court will not accept the agency's decision unless the agency's interpretation is the only one that could have been made. 
C)  the court will tend to accept the agency's interpretation of the law as long as it is reasonable. 
D)  the court will not reverse the agency's decision. 
A)  the court on appeal will reverse the agency's decision if the court disagrees with the decision. 
B)  the court will not accept the agency's decision unless the agency's interpretation is the only one that could have been made. 
C)  the court will tend to accept the agency's interpretation of the law as long as it is reasonable. 
D)  the court will not reverse the agency's decision.

Question 18

Decisions made by agencies are more likely to be reversed than to be accepted by the court on appeal.

Accepted Answer

A) True 
 B)False

Question 19

Administrative agencies never allow members of the industry that is to be regulated to participate in rule-making deliberations.

Accepted Answer

A) True 
 B)False

Question 20

A court will not reverse an agency's decision merely because the court would have made a different decision based on the same facts.

Accepted Answer

A) True 
 B)False

Exam 6: Administrative Agencies

Concerning administrative investigations:

Which of the following is beyond the enforcement power of an agency?

Administrative agencies are not subject to the constitutional protections afforded individuals and businesses.

An administrative agency:

Regulations properly adopted by agencies are important,but they do not have the full force of law as do statutes.

An administrative agency has the power to investigate,to require persons to appear as witnesses,to require witnesses to produce relevant papers and records,and to bring proceedings against those who violate the law.

The public has access to the activity of administrative agencies in three ways: (1)open records,(2)open meetings,and (3)public announcement of agency guidelines.

Which of the following is true about judicial review of agency action?

Generally,which power(s)does (do)an administrative agency possess?

An administrative agency cannot hold a hearing without a jury.

When it comes to administrative agencies,courts:

The most recent addition to the American governmental structure is the:

Members of administrative agencies are ordinarily

A federal agency planning to adopt a new regulation must give public notice of such intent and then hold a hearing at which members of the public may express their views and make suggestions.

An administrative agency is a governmental body charged with administering and implementing legislation.

Which of the following is part of an administrative agency's power to investigate?

Under modern law,when the issue that an agency decides is a question of law based on a technical statute:

Decisions made by agencies are more likely to be reversed than to be accepted by the court on appeal.

Administrative agencies never allow members of the industry that is to be regulated to participate in rule-making deliberations.

A court will not reverse an agency's decision merely because the court would have made a different decision based on the same facts.

The Nature and Sources of Law

The Court System and Dispute Resolution

Business Ethics, Social Forces, and the Law

The Constitution As the Foundation of the Legal Environment

Government Regulation of Competition and Prices

The Legal Environment of International Trade

Crimes

Torts

Intellectual Property Rights

Cyberlaw

Nature and Classes of Contracts: Contracting on the Internet

Formation of Contracts: Offer and Acceptance

Capacity and Genuine Assent

Consideration

Legality and Public Policy

Writing, Electronic Forms, and Interpretation of Contracts

Third Persons and Contracts

Discharge of Contracts

Breach of Contract and Remedies

Personal Property and Bailments

Legal Aspects of Supply Chain Management

Nature and Form of Sales

Title and Risk of Loss

Product Liability: Warranties and Torts

Obligations and Performance

Remedies for Breach of Sales Contracts

Kinds of Instruments, parties, and Negotiability

Transfers of Negotiable Instruments and Warranties of Parties

Liability of the Parties Under Negotiable Instruments

Checks and Funds Transfers

Nature of the Debtor-Creditor Relationship

Consumer Protection

Secured Transactions in Personal Property

Bankruptcy

Insurance

Agency

Third Persons in Agency

Regulation of Employment

Equal Employment Opportunity Law

Types of Business Organizations

Partnerships

LPs, LLCs, and LLPs

Corporate Formation

Shareholder Rights in Corporations

Securities Regulation

Accountants Liability and Malpractice

Management of Corporations

Real Property

Environmental Law and Land Use Controls

Leases

Decedents Estates and Trusts

Filters