Question 1

Mediation is also known as conciliation.

Accepted Answer

A) True 
 B)False

Question 2

What is the name of the federal law that limits the issuance of declaratory orders to situations in which a formal adjudication is required?

Accepted Answer

A)  Declaratory Order Act 
B)  Administrative Procedures Act (AP
A)  
C)  Federal Arbitration Act 
D)  Declaratory Procedure Act 
A)  Declaratory Order Act 
B)  Administrative Procedures Act (AP
A)  
C)  Federal Arbitration Act 
D)  Declaratory Procedure Act

Question 3

Discuss how the Internal Revenue Service (IRS)uses advisory opinions.

Accepted Answer

An advisory opinion is an opinion issued

Question 4

In which of the following cases did the court state "the courts retain theauthority to check agency policymaking for procedural compliance and for arbitrariness.But the courts cannot properly reexamine the wisdom of an agency-promulgatedpolicy…"?

Accepted Answer

A)  Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. 
B)  Brock v. Roadway Express, Inc. 
C)  Gonzalez v. Reno 
D)  General Motors v. Federal Energy Regulatory Commission 
A)  Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. 
B)  Brock v. Roadway Express, Inc. 
C)  Gonzalez v. Reno 
D)  General Motors v. Federal Energy Regulatory Commission

Question 5

Which of the following may a prosecutor consider when making a decision on whether to prosecute?

Accepted Answer

A)  race 
B)  gender 
C)  religion 
D)  expense of prosecution 
A)  race 
B)  gender 
C)  religion 
D)  expense of prosecution

Question 6

What is the administrative equivalent of a judicial declaratory judgment?

Accepted Answer

A)  Declaratory order 
B)  Private letter ruling 
C)  Executive order 
D)  Advisory opinion 
A)  Declaratory order 
B)  Private letter ruling 
C)  Executive order 
D)  Advisory opinion

Question 7

Private letter rulings are formal and binding rulings.

Accepted Answer

A) True 
 B)False

Question 8

Prosecutorial discretion to plea bargain in criminal cases is constitutionally protectedand therefore valid in all 50 states.

Accepted Answer

A) True 
 B)False

Question 9

Which form of agency discretion do you think is the more powerful tool for anagency-prosecutorial discretion or policy discretion? Explain your position.

Accepted Answer

I believe that prosecutorial discretion

Question 10

Informal agency procedures that fall outside of rulemaking and adjudicationconstitute the bulk of administrative work and are considered the _____ of the administrative process.

Accepted Answer

The answer of Informal agency procedures that fall outside of...

Question 11

A taxpayer that is not sure if a particular deduction is valid can request a(n)_____ opinion from the agency that offers the agency's interpretation of law or asserts the agency's policy,practices,or procedures.

Accepted Answer

The answer of A taxpayer that is not sure if...

Question 12

A declaratory order has the same effect as an order resulting from adjudications.

Accepted Answer

A) True 
 B)False

Question 13

Depending upon its enabling statute,an agency charged with protecting the public mayhave the right to represent the public and seek civil and/or criminal penalties againstwrongdoers.

Accepted Answer

A) True 
 B)False

Question 14

Private letter rulings are issued by high officials of the:

Accepted Answer

A)  U.S. Department of Commerce 
B)  Internal Revenue Service 
C)  Occupational Safety and Health Administration 
D)  Federal Mediation and Conciliation Service 
A)  U.S. Department of Commerce 
B)  Internal Revenue Service 
C)  Occupational Safety and Health Administration 
D)  Federal Mediation and Conciliation Service

Question 15

The Federal Mediation and Conciliation Service has no authority to compelarbitration but it is charged,by statute,to encourage arbitration.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following limits the exercise of agency discretion?

Accepted Answer

A)  The Due Process Clause 
B)  The Equal Protection Clause 
C)  The Due Process Clause and the Equal Protection Clause 
D)  Agency discretion is not limited by anything other than its enabling statute. 
A)  The Due Process Clause 
B)  The Equal Protection Clause 
C)  The Due Process Clause and the Equal Protection Clause 
D)  Agency discretion is not limited by anything other than its enabling statute.

Question 17

Declaratory orders are subject to judicial review.

Accepted Answer

A) True 
 B)False

Question 18

Joseph is a physician.His state's licensing agency has received a large number of complaints about him,and recently two of his patients have mysteriously died while under his care.The licensing agency revokes his license to practice medicine in a summary proceeding without a hearing.

Accepted Answer

A)  Summary protective actions are always per se violative of equal protection. 
B)  Summary protective actions are always per se violative of due process. 
C)  Summary protective actions are not per se violative of equal protection if an immediate post-action hearing is conducted. 
D)  Summary protective actions are not per se violative of due process if an immediate post-action hearing is conducted. 
A)  Summary protective actions are always per se violative of equal protection. 
B)  Summary protective actions are always per se violative of due process. 
C)  Summary protective actions are not per se violative of equal protection if an immediate post-action hearing is conducted. 
D)  Summary protective actions are not per se violative of due process if an immediate post-action hearing is conducted.

Mediation is also known as conciliation.

What is the name of the federal law that limits the issuance of declaratory orders to situations in which a formal adjudication is required?

Discuss how the Internal Revenue Service (IRS)uses advisory opinions.

In which of the following cases did the court state "the courts retain theauthority to check agency policymaking for procedural compliance and for arbitrariness.But the courts cannot properly reexamine the wisdom of an agency-promulgatedpolicy…"?

Which of the following may a prosecutor consider when making a decision on whether to prosecute?

What is the administrative equivalent of a judicial declaratory judgment?

Private letter rulings are formal and binding rulings.

Prosecutorial discretion to plea bargain in criminal cases is constitutionally protectedand therefore valid in all 50 states.

Which form of agency discretion do you think is the more powerful tool for anagency-prosecutorial discretion or policy discretion? Explain your position.

Informal agency procedures that fall outside of rulemaking and adjudicationconstitute the bulk of administrative work and are considered the _____ of the administrative process.

A taxpayer that is not sure if a particular deduction is valid can request a(n)_____ opinion from the agency that offers the agency's interpretation of law or asserts the agency's policy,practices,or procedures.

A declaratory order has the same effect as an order resulting from adjudications.

Depending upon its enabling statute,an agency charged with protecting the public mayhave the right to represent the public and seek civil and/or criminal penalties againstwrongdoers.

Private letter rulings are issued by high officials of the:

The Federal Mediation and Conciliation Service has no authority to compelarbitration but it is charged,by statute,to encourage arbitration.

Which of the following limits the exercise of agency discretion?

Declaratory orders are subject to judicial review.

Joseph is a physician.His state's licensing agency has received a large number of complaints about him,and recently two of his patients have mysteriously died while under his care.The licensing agency revokes his license to practice medicine in a summary proceeding without a hearing.

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

Filters

Exam 3: Agency Discretion

Mediation is also known as conciliation.

What is the name of the federal law that limits the issuance of declaratory orders to situations in which a formal adjudication is required?

Discuss how the Internal Revenue Service (IRS)uses advisory opinions.

In which of the following cases did the court state "the courts retain theauthority to check agency policymaking for procedural compliance and for arbitrariness.But the courts cannot properly reexamine the wisdom of an agency-promulgatedpolicy…"?

Which of the following may a prosecutor consider when making a decision on whether to prosecute?

What is the administrative equivalent of a judicial declaratory judgment?

Private letter rulings are formal and binding rulings.

Prosecutorial discretion to plea bargain in criminal cases is constitutionally protectedand therefore valid in all 50 states.

Which form of agency discretion do you think is the more powerful tool for anagency-prosecutorial discretion or policy discretion? Explain your position.

Informal agency procedures that fall outside of rulemaking and adjudicationconstitute the bulk of administrative work and are considered the _____ of the administrative process.

A taxpayer that is not sure if a particular deduction is valid can request a(n)_____ opinion from the agency that offers the agency's interpretation of law or asserts the agency's policy,practices,or procedures.

A declaratory order has the same effect as an order resulting from adjudications.

Depending upon its enabling statute,an agency charged with protecting the public mayhave the right to represent the public and seek civil and/or criminal penalties againstwrongdoers.

Private letter rulings are issued by high officials of the:

The Federal Mediation and Conciliation Service has no authority to compelarbitration but it is charged,by statute,to encourage arbitration.

Which of the following limits the exercise of agency discretion?

Declaratory orders are subject to judicial review.

Joseph is a physician.His state's licensing agency has received a large number of complaints about him,and recently two of his patients have mysteriously died while under his care.The licensing agency revokes his license to practice medicine in a summary proceeding without a hearing.

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

Filters