Question 1

Under the common law,standing required a showing of:

Accepted Answer

A)  a violation of a legally protected right 
B)  personal injury 
C)  financial injury 
D)  a violation of a legally protected right and/or personal injury 
E)  personal injury and/or financial injury 
A)  a violation of a legally protected right 
B)  personal injury 
C)  financial injury 
D)  a violation of a legally protected right and/or personal injury 
E)  personal injury and/or financial injury A

Question 2

The doctrine that prevents the relitigation of an issue decided in a prior case is called:

Accepted Answer

A)  res judicata 
B)  collateral estoppel 
C)  equitable estoppel 
D)  laches 
A)  res judicata 
B)  collateral estoppel 
C)  equitable estoppel 
D)  laches B

Question 3

Under the _____ standard of review,courts review agency decisions anew with no deference given to the agency's factual findings.

Accepted Answer

de novo

Question 4

Which of the following is not an essential element to laches?

Accepted Answer

A)  There is a likelihood that the asserting party's claim will be redressed by a favorable 
B)  The party against whom laches is asserted must have been aware of the right or claim 
C)  There must have been an unreasonable delay in asserting the claim. 
D)  The delay in asserting the claim must cause the adverse party to suffer some prejudice. 
A)  There is a likelihood that the asserting party's claim will be redressed by a favorable 
B)  The party against whom laches is asserted must have been aware of the right or claim 
C)  There must have been an unreasonable delay in asserting the claim. 
D)  The delay in asserting the claim must cause the adverse party to suffer some prejudice.

Question 5

Judicial authority to review agency actions may be derived from each of the followingexcept:

Accepted Answer

A)  the Constitution 
B)  statute 
C)  common law 
D)  all of the above 
E)  none of the above 
A)  the Constitution 
B)  statute 
C)  common law 
D)  all of the above 
E)  none of the above

Question 6

If the agency does not make a ruling within the statutorily allotted time,the exhaustionof remedies doctrine will not apply.

Accepted Answer

A) True 
 B)False

Question 7

Collateral estoppel is also known as:

Accepted Answer

A)  claim preclusion 
B)  bar and merger 
C)  issue merger 
D)  issue preclusion 
A)  claim preclusion 
B)  bar and merger 
C)  issue merger 
D)  issue preclusion

Question 8

The exhaustion of remedies doctrine does not apply to:

Accepted Answer

A)  civil rights cases 
B)  cases where there is a constitutional challenge to the law being applied 
C)  criminal cases 
D)  all of the above 
E)  none of the above 
A)  civil rights cases 
B)  cases where there is a constitutional challenge to the law being applied 
C)  criminal cases 
D)  all of the above 
E)  none of the above

Question 9

Matching:
-Match the common law writ in Column 1 to the definition in Column 2.

Accepted Answer

6.*d,7.*b,

Question 10

The degree to which a court defers to an agency's decision is known as a standardof _____.

Accepted Answer

The answer of The degree to which a court defers...

Question 11

_____ is a common law writ issued by a superior tribunal to an inferior tribunal orperson requiring that some action be taken.

Accepted Answer

The answer of _____ is a common law writ issued...

Question 12

Explain when a taxpayer can have standing to seek relief in federal court to mount a challenge under the Establishment Clause.

Accepted Answer

Under Flast v.Cohen,federal taxpayers me

Question 13

A writ issued by a superior court to an inferior court ordering that some act be done iscalled a writ of mandamus.

Accepted Answer

A) True 
 B)False

Question 14

Matching:
-Matching:Match the standard of review in Column 1 to the definition in Column 2.

Accepted Answer

1.*b,2.*c,

Question 15

The right to _____,which is a common law writ issued by a court to a custodian of a person to bring the prisoner before the court to determine the lawfulness of theimprisonment,is assured by Article I,§ 9,of the U.S.Constitution.

Accepted Answer

The answer of The right to _____,which is a common...

Question 16

Standing refers to:

Accepted Answer

A)  who may sue 
B)  when suit must be brought 
C)  where suit must be brought 
D)  all of the above 
A)  who may sue 
B)  when suit must be brought 
C)  where suit must be brought 
D)  all of the above

Question 17

The APA specifically requires that courts applying the substantial evidence testconsider the entire agency record.

Accepted Answer

A) True 
 B)False

Question 18

Legislative discretion in providing for review is considered an absolute authority.

Accepted Answer

A) True 
 B)False

Question 19

Most judicial authority to review agency action comes from statutes.

Accepted Answer

A) True 
 B)False

Question 20

Requiring exhaustion of remedies prior to judicial review is beneficial because:

Accepted Answer

A)  it promotes agency economy, saving the agency time and money 
B)  it promotes agency autonomy and independence 
C)  judges are frequently more experienced and more expert in agency-related matters, so it's better to have the judge available to fix agency errors and mistakes after the agency determination 
D)  all of the above 
E)  none of the above 
A)  it promotes agency economy, saving the agency time and money 
B)  it promotes agency autonomy and independence 
C)  judges are frequently more experienced and more expert in agency-related matters, so it's better to have the judge available to fix agency errors and mistakes after the agency determination 
D)  all of the above 
E)  none of the above

Under the common law,standing required a showing of:

The doctrine that prevents the relitigation of an issue decided in a prior case is called:

Under the _____ standard of review,courts review agency decisions anew with no deference given to the agency's factual findings.

Which of the following is not an essential element to laches?

Judicial authority to review agency actions may be derived from each of the followingexcept:

If the agency does not make a ruling within the statutorily allotted time,the exhaustionof remedies doctrine will not apply.

Collateral estoppel is also known as:

The exhaustion of remedies doctrine does not apply to:

Matching: -Match the common law writ in Column 1 to the definition in Column 2.

The degree to which a court defers to an agency's decision is known as a standardof _____.

_____ is a common law writ issued by a superior tribunal to an inferior tribunal orperson requiring that some action be taken.

Explain when a taxpayer can have standing to seek relief in federal court to mount a challenge under the Establishment Clause.

A writ issued by a superior court to an inferior court ordering that some act be done iscalled a writ of mandamus.

Matching: -Matching:Match the standard of review in Column 1 to the definition in Column 2.

The right to _____,which is a common law writ issued by a court to a custodian of a person to bring the prisoner before the court to determine the lawfulness of theimprisonment,is assured by Article I,§ 9,of the U.S.Constitution.

Standing refers to:

The APA specifically requires that courts applying the substantial evidence testconsider the entire agency record.

Legislative discretion in providing for review is considered an absolute authority.

Most judicial authority to review agency action comes from statutes.

Requiring exhaustion of remedies prior to judicial review is beneficial because:

Introduction

Bureaucracy and Democracy

Agency Discretion

The Requirement of Fairness

Delegation

Agency Rulemaking

Agency Investigations and Information Collection

Formal Adjudications

Accountability Through Accessibility

Accountability Through Liability

Filters

Exam 9: Accountability Through Reviewability

Under the common law,standing required a showing of:

The doctrine that prevents the relitigation of an issue decided in a prior case is called:

Under the _____ standard of review,courts review agency decisions anew with no deference given to the agency's factual findings.

Which of the following is not an essential element to laches?

Judicial authority to review agency actions may be derived from each of the followingexcept:

If the agency does not make a ruling within the statutorily allotted time,the exhaustionof remedies doctrine will not apply.

Collateral estoppel is also known as:

The exhaustion of remedies doctrine does not apply to:

Matching: -Match the common law writ in Column 1 to the definition in Column 2.

The degree to which a court defers to an agency's decision is known as a standardof _____.

_____ is a common law writ issued by a superior tribunal to an inferior tribunal orperson requiring that some action be taken.

Explain when a taxpayer can have standing to seek relief in federal court to mount a challenge under the Establishment Clause.

A writ issued by a superior court to an inferior court ordering that some act be done iscalled a writ of mandamus.

Matching: -Matching:Match the standard of review in Column 1 to the definition in Column 2.

The right to _____,which is a common law writ issued by a court to a custodian of a person to bring the prisoner before the court to determine the lawfulness of theimprisonment,is assured by Article I,§ 9,of the U.S.Constitution.

Standing refers to:

The APA specifically requires that courts applying the substantial evidence testconsider the entire agency record.

Legislative discretion in providing for review is considered an absolute authority.

Most judicial authority to review agency action comes from statutes.

Requiring exhaustion of remedies prior to judicial review is beneficial because:

Introduction

Bureaucracy and Democracy

Agency Discretion

The Requirement of Fairness

Delegation

Agency Rulemaking

Agency Investigations and Information Collection

Formal Adjudications

Accountability Through Accessibility

Accountability Through Liability

Filters