Question 1

________ rules specify how the agency will conduct itself.

Accepted Answer

A) Procedural 
B) Interpretive 
C) Legislative 
D) Associative 
A) Procedural 
B) Interpretive 
C) Legislative 
D) Associative A

Question 2

Assume that the Federal Trade Commission (FTC)is conducting a hearing.In order to obtain certain documents relevant to its investigation,the FTC need not:

Accepted Answer

A) ensure that the investigation is being conducted for a legitimate purpose. 
B) confirm that the information it seeks is relevant to its purpose. 
C) possess "probable cause" in support of regular search warrants. 
D) ensure that the subpoena it issues adequately describes the information it seeks. 
A) ensure that the investigation is being conducted for a legitimate purpose. 
B) confirm that the information it seeks is relevant to its purpose. 
C) possess "probable cause" in support of regular search warrants. 
D) ensure that the subpoena it issues adequately describes the information it seeks. C

Question 3

________ legislation ensures periodic congressional review of the initial decision to delegate legislative authority to an administrative agency.

Accepted Answer

A) Conditional 
B) Sunset 
C) Class 
D) Subordinate 
A) Conditional 
B) Sunset 
C) Class 
D) Subordinate B

Question 4

The ________ is the branch given lawmaking power.

Accepted Answer

A) executive branch 
B) legislative branch 
C) judicial branch 
D) administrative branch 
A) executive branch 
B) legislative branch 
C) judicial branch 
D) administrative branch

Question 5

Agency action may be overturned if it is unsubstantiated by the facts before the agency when it acted.

Accepted Answer

A) True 
 B)False

Question 6

Courts tend to approve broad delegations of power by Congress to an administrative agency when Congress has:

Accepted Answer

A) effectively isolated the judicial powers of the agency. 
B) changed the enabling legislation appropriately. 
C) expressed an intelligible principle to guide the agency's actions. 
D) received approval of the President for such delegation of power. 
A) effectively isolated the judicial powers of the agency. 
B) changed the enabling legislation appropriately. 
C) expressed an intelligible principle to guide the agency's actions. 
D) received approval of the President for such delegation of power.

Question 7

Investigative reporter Maxine McRaker filed a Freedom of Information Act (FOIA)request that the Food and Drug Administration (FDA)provide her copies of certain documents in its possession.A private citizen,Al Kaseltzer,became concerned when he learned that the FDA was likely to give McRaker the requested copies.Kaseltzer was disturbed because he believed that the documents contained medical information about him that,if disclosed,would constitute an invasion of his privacy.Alleging that the reason just mentioned made the requested documents exempt from disclosure under the FOIA,Kaseltzer sued the FDA in an effort to obtain a court order barring it from giving McRaker access to the documents.Assuming that Kaseltzer proves his allegation about the documents' references to him,should he win the case? Why or why not?

Accepted Answer

Kaseltzer is not likely to win the case.

Question 8

All agency rules are compiled and published in the:

Accepted Answer

A) Code of State Regulations. 
B) Code of Corporation Regulations. 
C) Code of Specific Regulations. 
D) Code of Federal Regulations. 
A) Code of State Regulations. 
B) Code of Corporation Regulations. 
C) Code of Specific Regulations. 
D) Code of Federal Regulations.

Question 9

What are discretionary powers?

Accepted Answer

A) Discretionary powers are powers an agency must be expressly authorized to exercise. 
B) Discretionary powers refers to the power of the court to overturn agency decisions. 
C) Discretionary powers necessitate the exercise of significant judgement when applied. 
D) Discretionary powers are powers exercised by independent agencies but not executive agencies. 
A) Discretionary powers are powers an agency must be expressly authorized to exercise. 
B) Discretionary powers refers to the power of the court to overturn agency decisions. 
C) Discretionary powers necessitate the exercise of significant judgement when applied. 
D) Discretionary powers are powers exercised by independent agencies but not executive agencies.

Question 10

How is an agency's organization determined?

Accepted Answer

A) In a rigid hierarchy,as required by the constitution. 
B) In a rigid hierarchy defined by legislatures. 
C) It depends upon whether the agency was created by executive order. 
D) It is a function of the agency's regulatory mission 
A) In a rigid hierarchy,as required by the constitution. 
B) In a rigid hierarchy defined by legislatures. 
C) It depends upon whether the agency was created by executive order. 
D) It is a function of the agency's regulatory mission

Question 11

The ________ is vested with law-interpreting power.

Accepted Answer

A) executive branch 
B) legislative branch 
C) judicial branch 
D) administrative branch 
A) executive branch 
B) legislative branch 
C) judicial branch 
D) administrative branch

Question 12

How are agencies created?

Accepted Answer

A) By the courts 
B) By enabling legislation 
C) By the executive 
D) By popular vote 
A) By the courts 
B) By enabling legislation 
C) By the executive 
D) By popular vote

Question 13

The ________ exercise(s)the greatest control over agency behavior.

Accepted Answer

A) President 
B) states 
C) Congress 
D) courts 
A) President 
B) states 
C) Congress 
D) courts

Question 14

The process by which agency ________ rules are promulgated is highly regulated by the APA and closely scrutinized by the courts.

Accepted Answer

A) procedural 
B) interpretive 
C) administrative 
D) legislative 
A) procedural 
B) interpretive 
C) administrative 
D) legislative

Question 15

Informal rulemaking consists of publishing notice of a new rule in the Federal Register and allowing interested parties an opportunity to comment on the rule.

Accepted Answer

A) True 
 B)False

Question 16

When an agency is asked to release documents that are exempted from disclosure under the Freedom of Information Act,the agency:

Accepted Answer

A) has a statutory obligation to refuse disclosure of the exempted documents. 
B) may refuse disclosure but does not have an affirmative duty to do so. 
C) can be compelled by individuals named in exempted documents to deny a request of disclosure of those documents. 
D) is liable for punitive damages if it discloses the exempted documents. 
A) has a statutory obligation to refuse disclosure of the exempted documents. 
B) may refuse disclosure but does not have an affirmative duty to do so. 
C) can be compelled by individuals named in exempted documents to deny a request of disclosure of those documents. 
D) is liable for punitive damages if it discloses the exempted documents.

Question 17

What triggered the beginning of the modern regulatory era in 1887?

Accepted Answer

A) Complaints about enforcement of U.S.tax law. 
B) Serious workplace safety violations 
C) Complaints about discriminatory rule-making practices by railroads 
D) Complaints about the failure of legislative action. 
A) Complaints about enforcement of U.S.tax law. 
B) Serious workplace safety violations 
C) Complaints about discriminatory rule-making practices by railroads 
D) Complaints about the failure of legislative action.

Question 18

An individual or organization seeking judicial review of an agency action must first demonstrate that:

Accepted Answer

A) the agency action being challenged is reviewable. 
B) the required consent orders have been signed. 
C) other administrative remedies have not been used. 
D) the individual or organization has no standing to sue. 
A) the agency action being challenged is reviewable. 
B) the required consent orders have been signed. 
C) other administrative remedies have not been used. 
D) the individual or organization has no standing to sue.

Question 19

Many agency proceedings are settled by a consent order after completion of the adjudication process.

Accepted Answer

A) True 
 B)False

Question 20

The Department of Homeland Security:

Accepted Answer

A) is an executive administrative agency. 
B) is a non-profit organization. 
C) is a cabinet-level department. 
D) has no effect on governmental organization. 
A) is an executive administrative agency. 
B) is a non-profit organization. 
C) is a cabinet-level department. 
D) has no effect on governmental organization.

Exam 47: Administrative Law

________ rules specify how the agency will conduct itself.

Assume that the Federal Trade Commission (FTC)is conducting a hearing.In order to obtain certain documents relevant to its investigation,the FTC need not:

________ legislation ensures periodic congressional review of the initial decision to delegate legislative authority to an administrative agency.

The ________ is the branch given lawmaking power.

Agency action may be overturned if it is unsubstantiated by the facts before the agency when it acted.

Courts tend to approve broad delegations of power by Congress to an administrative agency when Congress has:

All agency rules are compiled and published in the:

What are discretionary powers?

How is an agency's organization determined?

The ________ is vested with law-interpreting power.

How are agencies created?

The ________ exercise(s)the greatest control over agency behavior.

The process by which agency ________ rules are promulgated is highly regulated by the APA and closely scrutinized by the courts.

Informal rulemaking consists of publishing notice of a new rule in the Federal Register and allowing interested parties an opportunity to comment on the rule.

When an agency is asked to release documents that are exempted from disclosure under the Freedom of Information Act,the agency:

What triggered the beginning of the modern regulatory era in 1887?

An individual or organization seeking judicial review of an agency action must first demonstrate that:

Many agency proceedings are settled by a consent order after completion of the adjudication process.

The Department of Homeland Security:

The Nature of Law

The Resolution of Private Disputes

Business and the Constitution

Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking

Criminal Law and Procedure

Intentional Torts

Negligence and Strict Liability

Intellectual Property and Unfair Competition

Introduction to Contracts

The Agreement: Offer

The Agreement: Acceptance

Consideration

Reality of Consent

Capacity to Contract

Illegality

Writing

Rights of Third Parties

Performance and Remedies

Formation and Terms of Sales Contracts

Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance Law

Introduction to Credit and Secured Transactions

Security Interests in Personal Property

Bankruptcy

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Transfers

The Agency Relationship

Third-Party Relations of the Principal and the Agent

Introduction to Forms of Business and Formation of Partnerships

Operation of Partnerships and Related Forms

Partners Dissociation and Partnerships Dissolution and Winding up

Limited Liability Companies, limited Partnerships, and Limited Liability Limited Partnerships

History and Nature of Corporations

Organization and Financial Structure of Corporations

Management of Corporations

Shareholders Rights and Liabilities

Securities Regulation

Legal and Professional Responsibilities of Auditors, Consultants, and Securities Professionals

The Federal Trade Commission Act and Consumer Protection Laws

Antitrust: the Sherman Act

The Clayton Act, the Robinsonpatman Act, and Antitrust Exemptions and Immunities

Employment Law

Environmental Regulation

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