Exam 3: Agency Discretion

The processing of claims and applications by individual agencies is required to bestrictly uniform from agency to agency to reduce the public's confusion and to promotedue process and equal protection.

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(True/False)

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Question 1

Correct Answer:

Verified

False

In Gonzales v.Reno the court chose to uphold the INS right to make a policy decision in the absence of Congressional direction.They did make known that they "are not untroubled by the degree of obedience that the INS appears to give to the wishes of parents,especially parents who are outside of this country's jurisdiction." The court also showed concern with the INS policy of not considering the communist-totalitarian state to itself justify the consideration of Elian's asylum petition.Ultimately,however,the court found the INS decision not to be unreasonable.Do you believe it is possible for an administrative agency to be able to make fair and constitutionally defendable alternative decisions based on varying fact situations on a case-by-case basis,or must a single,fairly rigid policy be utilized?

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(Essay)

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Question 2

Correct Answer:

Verified

Student answers will vary; however,certain points should be addressed.These points might include: Due process and equal protection must always be preserved when decisions are made. It is difficult if not impossible to allow total decision making discretion absent any guidelines and still maintain any consistency. A lack of consistency will lead to public confusion and public distrust. Fairness is often subject to interpretation,so inconsistent application of rules will lead to innumerable lawsuits and controversies. Workload,time,and costs will limit an agency's ability to do individual investigations in every case. Too much discretionary leeway can lead to the influx of politics into agency decision making. General potential discretionary abuse situations might include: If Elian were granted asylum solely because it's better to live in a democracy rather than a dictatorship,might it be also true that a rich parent should get custody of a child rather than the poor parent because it's better to have money than not? Might a divorced parent who remarries get custody over the single-parent ex-spouse solely because a two-adult home is often more stable than a one-parent home? Although unconstitutional,might an absence of guidelines lead to the subtle reintroduction of race,sex,religion,and other attributes into decision-making in a covert or indirect fashion?

Formal rulemaking is known as the "lifeblood of the administrative process."

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(True/False)

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Question 3

Correct Answer:

Verified

False

Which of the following is not a limitation on agency discretion?

(Multiple Choice)

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Question 4

When an agency has authority to choose between two or more alternatives,the agencyis said to have _____.

(Multiple Choice)

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Question 5

If it appears that a crime has been committed,the prosecutor is required to conduct aninvestigation and may not selectively investigate or prosecute suspected criminals.

(True/False)

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Question 6

What type of agency actions is considered the lifeblood of the administrative process?

(Multiple Choice)

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Question 7

Which of the following is known as the "lifeblood of the administrative process?"

(Multiple Choice)

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Question 8

The Federal Mediation and Conciliation Service acts as the mediator in labor disputes regarding:

(Multiple Choice)

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Question 9

Matching: -Matching:Match the key term in Column 1 to its description in Column 2.

(Short Answer)

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Question 10

An agency has ______ when it has the authority to choose between two or more options.

(Short Answer)

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Question 11

After denial of a claim by agency officials,a dissatisfied claimant for government benefits may have a hearing before a(n)____.

(Short Answer)

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Question 12

Agencies are often charged with the establishment of testing and inspection to monitor legal compliance.Assuming a valid exercise of the agency's discretion,which of the following may be successfully challenged?

(Multiple Choice)

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Question 13

Which of the following cases stated that,"If an agency considers all of the relevant factors so that a court can satisfy itself that the agency has actually exercised its discretion,an agency's decision to refrain from investigation is unreviewable…"?

(Multiple Choice)

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Question 14

As a general rule,the courts are to defer to an agency's _____ ofits congressional mandates.

(Short Answer)

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Question 15

Agency decisions not to act are rarely successfully challenged.

(True/False)

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Question 16

An advisory opinion has the same effect as an order resulting from adjudications.

(True/False)

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Question 17

Which of the following is not a method that may be available to an agency charged with protection of the public?

(Multiple Choice)

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Question 18

Which type of dispute resolution involves a process of having the parties to a dispute present their evidence and arguments to a neutral third party for decision?

(Multiple Choice)

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Question 19

Agencies may not interpret statutes unless expressly authorized to do so by Congress.

(True/False)

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Question 20

Showing 1 - 20 of 58

The processing of claims and applications by individual agencies is required to bestrictly uniform from agency to agency to reduce the public's confusion and to promotedue process and equal protection.

Formal rulemaking is known as the "lifeblood of the administrative process."

Which of the following is not a limitation on agency discretion?

When an agency has authority to choose between two or more alternatives,the agencyis said to have _____.

If it appears that a crime has been committed,the prosecutor is required to conduct aninvestigation and may not selectively investigate or prosecute suspected criminals.

What type of agency actions is considered the lifeblood of the administrative process?

Which of the following is known as the "lifeblood of the administrative process?"

The Federal Mediation and Conciliation Service acts as the mediator in labor disputes regarding:

Matching: -Matching:Match the key term in Column 1 to its description in Column 2.

An agency has ______ when it has the authority to choose between two or more options.

After denial of a claim by agency officials,a dissatisfied claimant for government benefits may have a hearing before a(n)____.

Agencies are often charged with the establishment of testing and inspection to monitor legal compliance.Assuming a valid exercise of the agency's discretion,which of the following may be successfully challenged?

Which of the following cases stated that,"If an agency considers all of the relevant factors so that a court can satisfy itself that the agency has actually exercised its discretion,an agency's decision to refrain from investigation is unreviewable…"?

As a general rule,the courts are to defer to an agency's _____ ofits congressional mandates.

Agency decisions not to act are rarely successfully challenged.

An advisory opinion has the same effect as an order resulting from adjudications.

Which of the following is not a method that may be available to an agency charged with protection of the public?

Which type of dispute resolution involves a process of having the parties to a dispute present their evidence and arguments to a neutral third party for decision?

Agencies may not interpret statutes unless expressly authorized to do so by Congress.

Introduction

Bureaucracy and Democracy

The Requirement of Fairness

Delegation

Agency Rulemaking

Agency Investigations and Information Collection

Formal Adjudications

Accountability Through Reviewability

Accountability Through Accessibility

Accountability Through Liability

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