Question 1

The exclusionary rule barring the introduction of illegally obtained evidence applies inall court and administrative hearings.

Accepted Answer

A) True 
 B)False

Question 2

In formal adjudications,all parties are entitled to make opening and closing _____,call witnesses,and cross-examine witnesses.

Accepted Answer

The answer of In formal adjudications,all parties are entitled to...

Question 3

Which of the following standards of proof is applied in cases where an agency's action encroaches on a legally protected right?

Accepted Answer

A)  Preponderance of the evidence 
B)  Clear and convincing evidence 
C)  Beyond a reasonable doubt 
D)  Beyond a reasonable preponderance of the evidence 
A)  Preponderance of the evidence 
B)  Clear and convincing evidence 
C)  Beyond a reasonable doubt 
D)  Beyond a reasonable preponderance of the evidence

Question 4

Matching:
-Match the form of decision in formal adjudications in Column 1 with its description in Column 2.

Accepted Answer

9. *a, 10.

Question 5

The APA requires that people or organizations be given a minimum of 30 days noticeregarding any hearings to which they are a party.

Accepted Answer

A) True 
 B)False

Question 6

The rule established by the U.S Supreme Court ,which mandates that an agency haveone consolidated comparative hearing whenever two or more parties are competingfor one license,is known as the ____ doctrine.

Accepted Answer

The answer of The rule established by the U.S Supreme...

Question 7

The fact that administrative agencies may perform the functions of all three branchesof government is called:

Accepted Answer

A)  separation of functions 
B)  unification of functions 
C)  combination of functions 
D)  congruence of functions 
A)  separation of functions 
B)  unification of functions 
C)  combination of functions 
D)  congruence of functions

Question 8

Similar to judicial notice,a presiding officer at an agency adjudication maytake ____ notice of facts without any proof of that fact being offered.

Accepted Answer

The answer of Similar to judicial notice,a presiding officer at...

Question 9

Which of the following may be imposed on both parties and witnesses?

Accepted Answer

A)  Depositions 
B)  Interrogatories 
C)  Requests for admissions 
D)  All of the above apply to both parties and witnesses. 
A)  Depositions 
B)  Interrogatories 
C)  Requests for admissions 
D)  All of the above apply to both parties and witnesses.

Question 10

Which of the following automatically becomes final unless appealed?

Accepted Answer

A)  Initial decisions 
B)  Recommended decisions 
C)  Preliminary decisions 
D)  All of the above 
E)  None of the above 
A)  Initial decisions 
B)  Recommended decisions 
C)  Preliminary decisions 
D)  All of the above 
E)  None of the above

Question 11

Which of the following is considered a nondiscovery device?

Accepted Answer

A)  Requests for admissions 
B)  Bills of particulars 
C)  Subpoenas 
D)  Stipulations 
A)  Requests for admissions 
B)  Bills of particulars 
C)  Subpoenas 
D)  Stipulations

Question 12

When a court acts on its own initiative it is said to be acting:

Accepted Answer

A)  de novo 
B)  amicus curiae 
C)  ex parte 
D)  sua sponte 
A)  de novo 
B)  amicus curiae 
C)  ex parte 
D)  sua sponte

Question 13

The Supreme Court has held that the states are special litigants for purposes ofestablishing standing.

Accepted Answer

A) True 
 B)False

Question 14

It is common practice for an agency to have a case heard by one official and decidedby another.

Accepted Answer

A) True 
 B)False

Question 15

The rule of necessity:

Accepted Answer

A)  requires that decisions in formal adjudicative hearings be in writing 
B)  requires that decisions in formal adjudicative hearings be in writing and supported by findings and conclusions 
C)  requires that decisions in formal adjudicative hearings be in writing and supported by 
D)  none of the above 
A)  requires that decisions in formal adjudicative hearings be in writing 
B)  requires that decisions in formal adjudicative hearings be in writing and supported by findings and conclusions 
C)  requires that decisions in formal adjudicative hearings be in writing and supported by 
D)  none of the above

Question 16

The Jencks Act requires that:

Accepted Answer

A)  attorneys performing prosecutorial functions for the government are not required to 
B)  attorneys performing prosecutorial functions for the government must disclose prior 
C)  none of the above 
A)  attorneys performing prosecutorial functions for the government are not required to 
B)  attorneys performing prosecutorial functions for the government must disclose prior 
C)  none of the above

The exclusionary rule barring the introduction of illegally obtained evidence applies inall court and administrative hearings.

In formal adjudications,all parties are entitled to make opening and closing _____,call witnesses,and cross-examine witnesses.

Which of the following standards of proof is applied in cases where an agency's action encroaches on a legally protected right?

Matching: -Match the form of decision in formal adjudications in Column 1 with its description in Column 2.

The APA requires that people or organizations be given a minimum of 30 days noticeregarding any hearings to which they are a party.

The rule established by the U.S Supreme Court ,which mandates that an agency haveone consolidated comparative hearing whenever two or more parties are competingfor one license,is known as the ____ doctrine.

The fact that administrative agencies may perform the functions of all three branchesof government is called:

Similar to judicial notice,a presiding officer at an agency adjudication maytake ____ notice of facts without any proof of that fact being offered.

Which of the following may be imposed on both parties and witnesses?

Which of the following automatically becomes final unless appealed?

Which of the following is considered a nondiscovery device?

When a court acts on its own initiative it is said to be acting:

The Supreme Court has held that the states are special litigants for purposes ofestablishing standing.

It is common practice for an agency to have a case heard by one official and decidedby another.

The rule of necessity:

The Jencks Act requires that:

Introduction

Bureaucracy and Democracy

Agency Discretion

The Requirement of Fairness

Delegation

Agency Rulemaking

Agency Investigations and Information Collection

Accountability Through Reviewability

Accountability Through Accessibility

Accountability Through Liability

Filters

Exam 8: Formal Adjudications

The exclusionary rule barring the introduction of illegally obtained evidence applies inall court and administrative hearings.

In formal adjudications,all parties are entitled to make opening and closing _____,call witnesses,and cross-examine witnesses.

Which of the following standards of proof is applied in cases where an agency's action encroaches on a legally protected right?

Matching: -Match the form of decision in formal adjudications in Column 1 with its description in Column 2.

The APA requires that people or organizations be given a minimum of 30 days noticeregarding any hearings to which they are a party.

The rule established by the U.S Supreme Court ,which mandates that an agency haveone consolidated comparative hearing whenever two or more parties are competingfor one license,is known as the ____ doctrine.

The fact that administrative agencies may perform the functions of all three branchesof government is called:

Similar to judicial notice,a presiding officer at an agency adjudication maytake ____ notice of facts without any proof of that fact being offered.

Which of the following may be imposed on both parties and witnesses?

Which of the following automatically becomes final unless appealed?

Which of the following is considered a nondiscovery device?

When a court acts on its own initiative it is said to be acting:

The Supreme Court has held that the states are special litigants for purposes ofestablishing standing.

It is common practice for an agency to have a case heard by one official and decidedby another.

The rule of necessity:

The Jencks Act requires that:

Introduction

Bureaucracy and Democracy

Agency Discretion

The Requirement of Fairness

Delegation

Agency Rulemaking

Agency Investigations and Information Collection

Accountability Through Reviewability

Accountability Through Accessibility

Accountability Through Liability

Filters