Question 1

In reviewing agency action,courts generally apply the:

Accepted Answer

A)  "beyond a reasonable doubt" standard. 
B)  "preponderance of the evidence" standard. 
C)  "arbitrary and capricious" standard. 
D)  "rational relationship" standard. 
A)  "beyond a reasonable doubt" standard. 
B)  "preponderance of the evidence" standard. 
C)  "arbitrary and capricious" standard. 
D)  "rational relationship" standard.

Question 2

The term "exhaustion of administrative remedies" means that:

Accepted Answer

A)  parties to an agency action must be diligent in pursuing their case. 
B)  parties to an administrative action must take their appeal to a court of law. 
C)  parties to an administrative action can appeal only after the agency has made a final decision. 
D)  administrative agencies tend to work very hard. 
A)  parties to an agency action must be diligent in pursuing their case. 
B)  parties to an administrative action must take their appeal to a court of law. 
C)  parties to an administrative action can appeal only after the agency has made a final decision. 
D)  administrative agencies tend to work very hard.

Question 3

Before an appeal can be taken to a court concerning a determination of an agency,all administrative remedies must be exhausted.

Accepted Answer

A) True 
 B)False

Question 4

In an emergency,an administrative agency can act beyond the scope of the statute that created it.

Accepted Answer

A) True 
 B)False

Question 5

Within the area in which the administrative agency is authorized to make decisions,the agency can be regarded as a specialized court or court of limited jurisdiction.

Accepted Answer

A) True 
 B)False

Question 6

An agency hearing is generally not subject to the rules of evidence.

Accepted Answer

A) True 
 B)False

Question 7

The Freedom of Information Act:

Accepted Answer

A)  is to be strictly construed to prevent unauthorized disclosures. 
B)  has too many exemptions to be useful. 
C)  is intended to subject agency action to public scrutiny. 
D)  puts the burden of proof upon the person requesting the information. 
A)  is to be strictly construed to prevent unauthorized disclosures. 
B)  has too many exemptions to be useful. 
C)  is intended to subject agency action to public scrutiny. 
D)  puts the burden of proof upon the person requesting the information.

Question 8

Before an agency can begin rulemaking proceedings it must be given jurisdiction:

Accepted Answer

A)  by congressional enactment in the form of a statute. 
B)  granted by an executive order of the President of the United States. 
C)  from the United States Supreme Court. 
D)  none of the above. 
A)  by congressional enactment in the form of a statute. 
B)  granted by an executive order of the President of the United States. 
C)  from the United States Supreme Court. 
D)  none of the above.

Question 9

The Sunshine Act requires most meetings of major administrative agencies to be open to the public.

Accepted Answer

A) True 
 B)False

Question 10

The authority of an agency is limited to the technology in existence at the time the agency was created.

Accepted Answer

A) True 
 B)False

Question 11

Agency investigations of possible violations of agency rules are handled through independent enforcement agencies.

Accepted Answer

A) True 
 B)False

Question 12

Until proven valid,a rule adopted by an administrative agency is considered invalid by the courts.

Accepted Answer

A) True 
 B)False

Question 13

Arthur sustained an injury to his back.Arthur claimed the injury was suffered at work and filed a claim for workers' compensation benefits.The employer opposed this claim,saying the injury,if real,was the result of a congenital condition.In accordance with the statute,a hearing was held before the Workers' Compensation Board,which ruled against Arthur.Arthur became disgusted with the hearing officer and the proceedings because Arthur felt that the hearing officer did not like him.Arthur has consulted an attorney seeking to sue for workers' compensation benefits.An appeal is available within the agency,but Arthur wants to go directly to court because he feels that the agency appeal would be useless.Discuss the merits of this strategy.

Accepted Answer

Arthur cannot bring a lawsuit to overtur

Question 14

Administrative agencies may make the rules,police the community to see the rules are obeyed,and sit in judgment to determine violations of their rules.

Accepted Answer

A) True 
 B)False

Question 15

The Federal Trade Commission suspects Billy Williams of unlawful trade activities and has obtained evidence,claimed to be proof of unlawful activity,by way of aerial photography.The FTC is also currently seeking the submission of various documents,within Williams' place of business,for additional evidence.Williams refuses to submit to the demands to produce the documents and claims that this demand and the aerial photos are direct violations of his constitutional rights.Williams also demands a jury trial to clear him of charges levied.Comment on Williams' claims.

Accepted Answer

An agency has the power to execute the l

Question 16

The Freedom of Information Act provides access to any information upon request.

Accepted Answer

A) True 
 B)False

Question 17

Because administrative agencies have broad powers,they are subject to strict procedural rules as well as disclosure requirements.

Accepted Answer

A) True 
 B)False

Question 18

An administrative agency whose erroneous decision causes a regulated person or enterprise substantial loss is liable for such loss regardless of whether the agency acted in good faith.

Accepted Answer

A) True 
 B)False

Exam 6: Administrative Agencies

In reviewing agency action,courts generally apply the:

The term "exhaustion of administrative remedies" means that:

Before an appeal can be taken to a court concerning a determination of an agency,all administrative remedies must be exhausted.

In an emergency,an administrative agency can act beyond the scope of the statute that created it.

Within the area in which the administrative agency is authorized to make decisions,the agency can be regarded as a specialized court or court of limited jurisdiction.

An agency hearing is generally not subject to the rules of evidence.

The Freedom of Information Act:

Before an agency can begin rulemaking proceedings it must be given jurisdiction:

The Sunshine Act requires most meetings of major administrative agencies to be open to the public.

The authority of an agency is limited to the technology in existence at the time the agency was created.

Agency investigations of possible violations of agency rules are handled through independent enforcement agencies.

Until proven valid,a rule adopted by an administrative agency is considered invalid by the courts.

Administrative agencies may make the rules,police the community to see the rules are obeyed,and sit in judgment to determine violations of their rules.

The Freedom of Information Act provides access to any information upon request.

Because administrative agencies have broad powers,they are subject to strict procedural rules as well as disclosure requirements.

An administrative agency whose erroneous decision causes a regulated person or enterprise substantial loss is liable for such loss regardless of whether the agency acted in good faith.

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