Question 1

In Panama Refining Co.v.Ryan,the U.S.Supreme Court upheld the validity of the National Industrial Recovery Act of 1933 (NIRA)created during the Great Depression.

Accepted Answer

A) True 
 B)False  False

Question 2

Magistrates may not be delegated the authority to make final determinations in pretrialmatters without the consent of the parties.

Accepted Answer

A) True 
 B)False  True

Question 3

If a right did not exist under the common law,Congress may delegate theadjudication of that right to an agency.

Accepted Answer

A) True 
 B)False  True

Question 4

The nondelegation doctrine has less applicability in matters of ____ affairs than it does in domestic affairs.

Accepted Answer

The answer of The nondelegation doctrine has less applicability in...

Question 5

Explain three ways how a delegation by Congress may violate the U.S.Constitution.

Accepted Answer

First,Congress may delegate too much of

Question 6

Which of the following is an Article III judge?

Accepted Answer

A)  A district judge 
B)  A magistrate 
C)  A bankruptcy judge 
D)  All of the above are Article III judges. 
E)  None of the above is an Article III judge. 
A)  A district judge 
B)  A magistrate 
C)  A bankruptcy judge 
D)  All of the above are Article III judges. 
E)  None of the above is an Article III judge.

Question 7

It is constitutionally permissible,if the sole purpose is a delegation of legislativeauthority,to transfer the authority to hear a common law claim to a non-Article IIIcourt.

Accepted Answer

A) True 
 B)False

Question 8

In Schechter Poultry Corp.v.United States and Panama Refining Co.v.Ryan,the U.S.Supreme Court invalidated two delegations created by Congress during the Great ____ to confront the serious economic crisis quickly.

Accepted Answer

The answer of In Schechter Poultry Corp.v.United States and Panama...

Question 9

Congress may delegate the adjudication of public rights to non-Article III courts.

Accepted Answer

A) True 
 B)False

Question 10

In which of the following was a Congressional delegation of authority found improper?

Accepted Answer

A)  Lichter v. United States 
B)  Arizona v. California 
C)  Panama Refining Co. v. Ryan 
D)  Crowell v. Benson 
A)  Lichter v. United States 
B)  Arizona v. California 
C)  Panama Refining Co. v. Ryan 
D)  Crowell v. Benson

Question 11

Peretz v.United States established that:

Accepted Answer

A)  the defendant in a criminal action may demand that an Article III judge preside over 
B)  the defendant in a criminal action may waive the right to have an Article III judge 
C)  the defendant in a criminal action may demand or may waive the right to have an Article III judge preside over critical stages of the proceedings 
D)  none of the above 
A)  the defendant in a criminal action may demand that an Article III judge preside over 
B)  the defendant in a criminal action may waive the right to have an Article III judge 
C)  the defendant in a criminal action may demand or may waive the right to have an Article III judge preside over critical stages of the proceedings 
D)  none of the above

Question 12

Which of the following is likely to be ruled unconstitutional?

Accepted Answer

A)  Limited delegations of criminal rulemaking to private agencies 
B)  Limited delegations of criminal rulemaking to public agencies 
C)  Limited delegations of criminal rulemaking to both private agencies and public agencies would likely be unconstitutional. 
D)  None of the above; limited delegations of criminal rulemaking to both private agencies and public agencies would likely be constitutional. 
A)  Limited delegations of criminal rulemaking to private agencies 
B)  Limited delegations of criminal rulemaking to public agencies 
C)  Limited delegations of criminal rulemaking to both private agencies and public agencies would likely be unconstitutional. 
D)  None of the above; limited delegations of criminal rulemaking to both private agencies and public agencies would likely be constitutional.

Question 13

The _____ principle is the doctrine that requires Congress to provide agencies with legitimate,comprehensible guidelines to limit the authority of the agency whenexercising delegated rulemaking authority.

Accepted Answer

The answer of The _____ principle is the doctrine that...

Question 14

De novo means:

Accepted Answer

A)  the notice of a hearing 
B)  to reconsider an agency's decision anew 
C)  to overrule an agency decision 
D)  to overrule a Congressional delegation 
A)  the notice of a hearing 
B)  to reconsider an agency's decision anew 
C)  to overrule an agency decision 
D)  to overrule a Congressional delegation

Question 15

In Doe v.Bush,the court stated that the nondelegation doctrine had less applicabilityin matters of foreign affairs than it does in domestic affairs.

Accepted Answer

A) True 
 B)False

Question 16

Article III judges are nominated by the Senate and approved by the president.

Accepted Answer

A) True 
 B)False

Question 17

Explain why the U.S.Supreme Court invalidated delegations created by Congress during the Great Depression to confront the serious economic crisis.Cite at least one case to support your answer.

Accepted Answer

Because of the need to confront the seri

Question 18

In the case _____,the First Circuit Court of Appeals rejected a challenge to President George W.Bush's decision to wage war on Iraq.

Accepted Answer

The answer of In the case _____,the First Circuit Court...

Question 19

A delegation of quasi-judicial authority to a private agency is more likely to bepermitted by the courts than is a delegation of quasi-legislative authority.

Accepted Answer

A) True 
 B)False

Question 20

Matching:
-Matching:Match the case name in Column 1 to the holding of the court in Column 2.

Accepted Answer

1.*c,2.*a,

In Panama Refining Co.v.Ryan,the U.S.Supreme Court upheld the validity of the National Industrial Recovery Act of 1933 (NIRA)created during the Great Depression.

Magistrates may not be delegated the authority to make final determinations in pretrialmatters without the consent of the parties.

If a right did not exist under the common law,Congress may delegate theadjudication of that right to an agency.

The nondelegation doctrine has less applicability in matters of ____ affairs than it does in domestic affairs.

Explain three ways how a delegation by Congress may violate the U.S.Constitution.

Which of the following is an Article III judge?

It is constitutionally permissible,if the sole purpose is a delegation of legislativeauthority,to transfer the authority to hear a common law claim to a non-Article IIIcourt.

In Schechter Poultry Corp.v.United States and Panama Refining Co.v.Ryan,the U.S.Supreme Court invalidated two delegations created by Congress during the Great ____ to confront the serious economic crisis quickly.

Congress may delegate the adjudication of public rights to non-Article III courts.

In which of the following was a Congressional delegation of authority found improper?

Peretz v.United States established that:

Which of the following is likely to be ruled unconstitutional?

The _____ principle is the doctrine that requires Congress to provide agencies with legitimate,comprehensible guidelines to limit the authority of the agency whenexercising delegated rulemaking authority.

De novo means:

In Doe v.Bush,the court stated that the nondelegation doctrine had less applicabilityin matters of foreign affairs than it does in domestic affairs.

Article III judges are nominated by the Senate and approved by the president.

Explain why the U.S.Supreme Court invalidated delegations created by Congress during the Great Depression to confront the serious economic crisis.Cite at least one case to support your answer.

In the case _____,the First Circuit Court of Appeals rejected a challenge to President George W.Bush's decision to wage war on Iraq.

A delegation of quasi-judicial authority to a private agency is more likely to bepermitted by the courts than is a delegation of quasi-legislative authority.

Matching: -Matching:Match the case name in Column 1 to the holding of the court in Column 2.

Introduction

Bureaucracy and Democracy

Agency Discretion

The Requirement of Fairness

Agency Rulemaking

Agency Investigations and Information Collection

Formal Adjudications

Accountability Through Reviewability

Accountability Through Accessibility

Accountability Through Liability

Filters

Exam 5: Delegation

In Panama Refining Co.v.Ryan,the U.S.Supreme Court upheld the validity of the National Industrial Recovery Act of 1933 (NIRA)created during the Great Depression.

Magistrates may not be delegated the authority to make final determinations in pretrialmatters without the consent of the parties.

If a right did not exist under the common law,Congress may delegate theadjudication of that right to an agency.

The nondelegation doctrine has less applicability in matters of ____ affairs than it does in domestic affairs.

Explain three ways how a delegation by Congress may violate the U.S.Constitution.

Which of the following is an Article III judge?

It is constitutionally permissible,if the sole purpose is a delegation of legislativeauthority,to transfer the authority to hear a common law claim to a non-Article IIIcourt.

In Schechter Poultry Corp.v.United States and Panama Refining Co.v.Ryan,the U.S.Supreme Court invalidated two delegations created by Congress during the Great ____ to confront the serious economic crisis quickly.

Congress may delegate the adjudication of public rights to non-Article III courts.

In which of the following was a Congressional delegation of authority found improper?

Peretz v.United States established that:

Which of the following is likely to be ruled unconstitutional?

The _____ principle is the doctrine that requires Congress to provide agencies with legitimate,comprehensible guidelines to limit the authority of the agency whenexercising delegated rulemaking authority.

De novo means:

In Doe v.Bush,the court stated that the nondelegation doctrine had less applicabilityin matters of foreign affairs than it does in domestic affairs.

Article III judges are nominated by the Senate and approved by the president.

Explain why the U.S.Supreme Court invalidated delegations created by Congress during the Great Depression to confront the serious economic crisis.Cite at least one case to support your answer.

In the case _____,the First Circuit Court of Appeals rejected a challenge to President George W.Bush's decision to wage war on Iraq.

A delegation of quasi-judicial authority to a private agency is more likely to bepermitted by the courts than is a delegation of quasi-legislative authority.

Matching: -Matching:Match the case name in Column 1 to the holding of the court in Column 2.

Introduction

Bureaucracy and Democracy

Agency Discretion

The Requirement of Fairness

Agency Rulemaking

Agency Investigations and Information Collection

Formal Adjudications

Accountability Through Reviewability

Accountability Through Accessibility

Accountability Through Liability

Filters