Question 1

Private agencies that perform governmental _____ may be treated as government agencies by the courts.

Accepted Answer

The answer of Private agencies that perform governmental _____ may...

Question 2

United States immigration officers may not detain illegal aliens under warrants issuedby the Attorney General unless a magistrate has ruled the warrant valid.

Accepted Answer

A) True 
 B)False

Question 3

A delegation of legislative authority is constitutional if Congress establishes the nation's fundamental legislative policy and leaves only the _____ filling to an agency.

Accepted Answer

The answer of A delegation of legislative authority is constitutional...

Question 4

Federal magistrates are nominated by the president and approved by the Senate.

Accepted Answer

A) True 
 B)False

Question 5

Constitutional rights designed to protect the rights of criminal defendants may berecharacterized as civil wrongs,allowing agencies to exercise a quasi-adjudicative role inthe administration of justice.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following is not an argument supporting privatization?

Accepted Answer

A)  Government often lacks the expertise to perform certain necessary functions. 
B)  Privatization increases the size of government. 
C)  The government often lacks the proper resources to deal with certain emergencies. 
D)  Private companies are often more productive, reducing government costs. 
A)  Government often lacks the expertise to perform certain necessary functions. 
B)  Privatization increases the size of government. 
C)  The government often lacks the proper resources to deal with certain emergencies. 
D)  Private companies are often more productive, reducing government costs.

Question 7

Bankruptcy judges are not Article III judges.

Accepted Answer

A) True 
 B)False

Question 8

The doctrine that requires Congress to provide agencies with legitimate,comprehensible guidelines is called:

Accepted Answer

A)  intelligible principle 
B)  standards principle 
C)  justifiable principle 
D)  permissible principle 
A)  intelligible principle 
B)  standards principle 
C)  justifiable principle 
D)  permissible principle

Question 9

In the U.S.Supreme Court case _____ decided in 1963,the U.S.Supreme Court upheld delegation of power to the U.S.Secretary of the Interior over water from the Colorado River.

Accepted Answer

Arizona v.

Question 10

In South Dakota v.Department of Interior,the delegation of power to the Secretary ofthe Interior to acquire land in trust for the Lower Brule Tribe of Sioux Indians wasdeclared unconstitutional because:

Accepted Answer

A)  the Lower Brule Tribe of Sioux Indians was not recognized as a legitimate tribe 
B)  the enabling statute did not articulate the underlying public use that justified the 
C)  Congress may delegate authority to purchase open federal land but not private land 
D)  the statute provided an unfair advantage to Indians, putting other Constitutionally 
E)  all of the above 
A)  the Lower Brule Tribe of Sioux Indians was not recognized as a legitimate tribe 
B)  the enabling statute did not articulate the underlying public use that justified the 
C)  Congress may delegate authority to purchase open federal land but not private land 
D)  the statute provided an unfair advantage to Indians, putting other Constitutionally 
E)  all of the above

Question 11

Through the privatization of prisons,as of 2001,approximately 20% of federal andstate prisoners were housed in private prisons.

Accepted Answer

A) True 
 B)False

Question 12

Since 1935,the delegation doctrine has not been used by the Supreme Court tostrike down any delegation of legislative power.

Accepted Answer

A) True 
 B)False

Question 13

The separation of powers limitations on Congressional authority to delegate are knownas:

Accepted Answer

A)  the delegation doctrine 
B)  the nondelegation doctrine 
C)  the delegation doctrine and the nondelegation doctrine 
D)  none of the above 
A)  the delegation doctrine 
B)  the nondelegation doctrine 
C)  the delegation doctrine and the nondelegation doctrine 
D)  none of the above

Question 14

Private agencies that perform governmental functions will be treated likegovernmental agencies by the courts.

Accepted Answer

A) True 
 B)False

Question 15

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

Accepted Answer

8.*b,9.*a,

Question 16

Delegation of quasi-legislative authority to a private agency is more likely to be permitted than is a delegation of _____ authority.

Accepted Answer

The answer of Delegation of quasi-legislative authority to a private...

Question 17

Which of the following is an invalid exercise of delegated authority?

Accepted Answer

A)  A public health official detaining an individual in quarantine when the individual poses a threat to the public 
B)  The detaining of an individual for psychiatric evaluation or treatment when the 
C)  The detaining of an illegal alien under warrant issued by the attorney general 
D)  None of the above 
E)  All of the above 
A)  A public health official detaining an individual in quarantine when the individual poses a threat to the public 
B)  The detaining of an individual for psychiatric evaluation or treatment when the 
C)  The detaining of an illegal alien under warrant issued by the attorney general 
D)  None of the above 
E)  All of the above

Question 18

In Foley v.Osborne Court Condominiums,the court decided that:

Accepted Answer

A)  private entities may impose fines as long as the fines do not accrue 
B)  private entities may impose fines even if the fines accrue 
C)  private entities may not impose fines 
D)  private entities may not impose fines unless a hearing is conducted 
A)  private entities may impose fines as long as the fines do not accrue 
B)  private entities may impose fines even if the fines accrue 
C)  private entities may not impose fines 
D)  private entities may not impose fines unless a hearing is conducted

Question 19

Trying ____ cases is a core governmental function that cannot be delegated to privateparties.

Accepted Answer

The answer of Trying ____ cases is a core governmental...

Question 20

Delegations of criminal rulemaking to private agencies are generally found to beunconstitutional.

Accepted Answer

A) True 
 B)False

Private agencies that perform governmental _____ may be treated as government agencies by the courts.

United States immigration officers may not detain illegal aliens under warrants issuedby the Attorney General unless a magistrate has ruled the warrant valid.

A delegation of legislative authority is constitutional if Congress establishes the nation's fundamental legislative policy and leaves only the _____ filling to an agency.

Federal magistrates are nominated by the president and approved by the Senate.

Constitutional rights designed to protect the rights of criminal defendants may berecharacterized as civil wrongs,allowing agencies to exercise a quasi-adjudicative role inthe administration of justice.

Which of the following is not an argument supporting privatization?

Bankruptcy judges are not Article III judges.

The doctrine that requires Congress to provide agencies with legitimate,comprehensible guidelines is called:

In the U.S.Supreme Court case _____ decided in 1963,the U.S.Supreme Court upheld delegation of power to the U.S.Secretary of the Interior over water from the Colorado River.

In South Dakota v.Department of Interior,the delegation of power to the Secretary ofthe Interior to acquire land in trust for the Lower Brule Tribe of Sioux Indians wasdeclared unconstitutional because:

Through the privatization of prisons,as of 2001,approximately 20% of federal andstate prisoners were housed in private prisons.

Since 1935,the delegation doctrine has not been used by the Supreme Court tostrike down any delegation of legislative power.

The separation of powers limitations on Congressional authority to delegate are knownas:

Private agencies that perform governmental functions will be treated likegovernmental agencies by the courts.

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

Delegation of quasi-legislative authority to a private agency is more likely to be permitted than is a delegation of _____ authority.

Which of the following is an invalid exercise of delegated authority?

In Foley v.Osborne Court Condominiums,the court decided that:

Trying ____ cases is a core governmental function that cannot be delegated to privateparties.

Delegations of criminal rulemaking to private agencies are generally found to beunconstitutional.

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

Private agencies that perform governmental _____ may be treated as government agencies by the courts.

United States immigration officers may not detain illegal aliens under warrants issuedby the Attorney General unless a magistrate has ruled the warrant valid.

A delegation of legislative authority is constitutional if Congress establishes the nation's fundamental legislative policy and leaves only the _____ filling to an agency.

Federal magistrates are nominated by the president and approved by the Senate.

Constitutional rights designed to protect the rights of criminal defendants may berecharacterized as civil wrongs,allowing agencies to exercise a quasi-adjudicative role inthe administration of justice.

Which of the following is not an argument supporting privatization?

Bankruptcy judges are not Article III judges.

The doctrine that requires Congress to provide agencies with legitimate,comprehensible guidelines is called:

In the U.S.Supreme Court case _____ decided in 1963,the U.S.Supreme Court upheld delegation of power to the U.S.Secretary of the Interior over water from the Colorado River.

In South Dakota v.Department of Interior,the delegation of power to the Secretary ofthe Interior to acquire land in trust for the Lower Brule Tribe of Sioux Indians wasdeclared unconstitutional because:

Through the privatization of prisons,as of 2001,approximately 20% of federal andstate prisoners were housed in private prisons.

Since 1935,the delegation doctrine has not been used by the Supreme Court tostrike down any delegation of legislative power.

The separation of powers limitations on Congressional authority to delegate are knownas:

Private agencies that perform governmental functions will be treated likegovernmental agencies by the courts.

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

Delegation of quasi-legislative authority to a private agency is more likely to be permitted than is a delegation of _____ authority.

Which of the following is an invalid exercise of delegated authority?

In Foley v.Osborne Court Condominiums,the court decided that:

Trying ____ cases is a core governmental function that cannot be delegated to privateparties.

Delegations of criminal rulemaking to private agencies are generally found to beunconstitutional.

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