Question 1

A rule made by an agency through the informal rulemaking method can become effective only:

Accepted Answer

A) 45 days after the publication of the rule in its final form in the Federal Register. 
B) 45 days after the publication of a "Notice of Proposed Rulemaking" in the Federal Register. 
C) 30 days after the publication of the rule in its final form in the Federal Register. 
D) 30 days after the publication of a "Notice of Proposed Rulemaking" in the Federal Register. 
A) 45 days after the publication of the rule in its final form in the Federal Register. 
B) 45 days after the publication of a "Notice of Proposed Rulemaking" in the Federal Register. 
C) 30 days after the publication of the rule in its final form in the Federal Register. 
D) 30 days after the publication of a "Notice of Proposed Rulemaking" in the Federal Register.

Question 2

Which of the following is the most rigorous standard of judicial review of agency factual judgments as provided by the APA?

Accepted Answer

A) Beyond reasonable doubt review 
B) Substantial evidence test 
C) De novo review 
D) Arbitrary and capricious test 
A) Beyond reasonable doubt review 
B) Substantial evidence test 
C) De novo review 
D) Arbitrary and capricious test

Question 3

The courts exercise the greatest control over agency behavior because all agency actions are subject to judicial review.

Accepted Answer

A) True 
 B)False

Question 4

What type of subpoena is used to compel witnesses produce documentary evidence such as accounting records?

Accepted Answer

A) Ad testificandum subpoenas 
B) Duce tecum subpoenas 
C) Administrative subpoenas 
D) Executive subpoenas 
A) Ad testificandum subpoenas 
B) Duce tecum subpoenas 
C) Administrative subpoenas 
D) Executive subpoenas

Question 5

Which of the following is true about an agency's informal powers?

Accepted Answer

A) An agency's informal powers enjoy the full force and effect of law. 
B) An agency's informal powers have the same legal force of formal agency regulations. 
C) An agency's informal powers and its formal actions are subject to similar constraints. 
D) An agency's informal powers play a major role in shaping the behavior of regulated industries. 
A) An agency's informal powers enjoy the full force and effect of law. 
B) An agency's informal powers have the same legal force of formal agency regulations. 
C) An agency's informal powers and its formal actions are subject to similar constraints. 
D) An agency's informal powers play a major role in shaping the behavior of regulated industries.

Question 6

Constitutional procedural safeguards such as the exclusionary rule protect respondents of the administrative adjudication process.

Accepted Answer

A) True 
 B)False

Question 7

When a court reviews formal agency adjudications or formal agency rulemaking,the only agency findings that will be overturned are those that were unsupported by substantial evidence.

Accepted Answer

A) True 
 B)False

Question 8

What was the core purpose of agencies when they were first created?

Accepted Answer

A) To create a new government entity exclusively devoted to monitoring a particular area of activity. 
B) To ensure the legislatures were not overstepping their constitutional authority. 
C) To provide additional checks and balances on legislative power since the court wasn't reigning in the legislature. 
D) To protect the rights of businesses in order to bolster commerce. 
A) To create a new government entity exclusively devoted to monitoring a particular area of activity. 
B) To ensure the legislatures were not overstepping their constitutional authority. 
C) To provide additional checks and balances on legislative power since the court wasn't reigning in the legislature. 
D) To protect the rights of businesses in order to bolster commerce.

Question 9

Agencies that invoke a power to search and seize evidence as part of an effort to prove a regulatory violation are subject to what constitutional prohibitions?

Accepted Answer

A) First Amendment Freedom of Press 
B) Fourth Amendment Protection against Unreasonable Searches 
C) Tenth Amendment State Powers 
D) Second Amendment Right to Bear Arms 
A) First Amendment Freedom of Press 
B) Fourth Amendment Protection against Unreasonable Searches 
C) Tenth Amendment State Powers 
D) Second Amendment Right to Bear Arms

Question 10

The powers an agency possess that are granted by its enabling legislation are called:

Accepted Answer

A) Formal 
B) Ministerial 
C) Discretionary 
D) Adjudicatory 
A) Formal 
B) Ministerial 
C) Discretionary 
D) Adjudicatory

Question 11

The "fourth branch" of government is not bound by basic constitutional guarantees such as due process,equal protection,and freedom of speech,just as the three traditional branches are.

Accepted Answer

A) True 
 B)False

Question 12

Administrative action is subject to basic constitutional tests.

Accepted Answer

A) True 
 B)False

Question 13

The Securities and Exchange Commission (SEC)is an example of an independent agency.

Accepted Answer

A) True 
 B)False

Question 14

The Administrative Procedure Act (APA)was passed by Congress to standardize federal agency procedure.

Accepted Answer

A) True 
 B)False

Question 15

________ reside within the Office of the President or within the executive departments of the President's cabinet.

Accepted Answer

A) Executive agencies 
B) Independent agencies 
C) Presidential agencies 
D) Official agencies 
A) Executive agencies 
B) Independent agencies 
C) Presidential agencies 
D) Official agencies

Question 16

Rule passed by an agency to advise regulated individuals of the manner in which the agency interprets statutes it enforces are called

Accepted Answer

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

Question 17

The Internal Revenue Service (IRS)has recently issued a subpoena duces tecum to Values Corp.The IRS wants access to the last five year's tax returns and related documents of Values to ensure that Values has met all its tax liabilities.Values claims that all its tax papers are in order and IRS's motive is to harass political opponents of the incumbent administration (Values was one of the top 100 donors during the last election year).The strongest argument that Values may make concerning the subpoena is that the subpoena:

Accepted Answer

A) is invalid because the IRS investigation is not being conducted for a legitimate purpose. 
B) need not be obeyed because it violates Values' Fifth Amendment privilege against compulsory testimonial self-incrimination. 
C) need not be obeyed to its fullest extent because it is not sufficiently specific and is unreasonably burdensome. 
D) is invalid unless the IRS satisfies the "probable cause" standard required by the Fourth Amendment for the issuance of a search warrant. 
A) is invalid because the IRS investigation is not being conducted for a legitimate purpose. 
B) need not be obeyed because it violates Values' Fifth Amendment privilege against compulsory testimonial self-incrimination. 
C) need not be obeyed to its fullest extent because it is not sufficiently specific and is unreasonably burdensome. 
D) is invalid unless the IRS satisfies the "probable cause" standard required by the Fourth Amendment for the issuance of a search warrant.

Question 18

________ allows individuals to inspect files that agencies maintain on them and to request that erroneous or incomplete records be corrected.

Accepted Answer

A) The Privacy Act of 1974 
B) The Disclosure act 
C) The Government in the Sunshine Act of 1976 
D) The Freedom of Information Act 
A) The Privacy Act of 1974 
B) The Disclosure act 
C) The Government in the Sunshine Act of 1976 
D) The Freedom of Information Act

Question 19

One of the founding principles of our government is separation of powers.How do administrative agencies tend to conform to,or violate this principle?

Accepted Answer

A) They raise concerns related to this principle because they perform all three functions of government. 
B) They tend to conform to this principle because most commissioners or board members are appointed by the President. 
C) They tend to conform to this principle because they only follow the law,and do not make any law. 
D) They tend to violate this principle because they are created by Congress through passing of enabling legislations. 
A) They raise concerns related to this principle because they perform all three functions of government. 
B) They tend to conform to this principle because most commissioners or board members are appointed by the President. 
C) They tend to conform to this principle because they only follow the law,and do not make any law. 
D) They tend to violate this principle because they are created by Congress through passing of enabling legislations.

Question 20

Under the Freedom of Information Act (FOIA),administrative agencies must normally respond to public requests for documents within ________ after such a request has been received.

Accepted Answer

A) 30 days 
B) 20 days 
C) 10 days 
D) 40 days 
A) 30 days 
B) 20 days 
C) 10 days 
D) 40 days

Exam 47: Administrative Law

A rule made by an agency through the informal rulemaking method can become effective only:

Which of the following is the most rigorous standard of judicial review of agency factual judgments as provided by the APA?

The courts exercise the greatest control over agency behavior because all agency actions are subject to judicial review.

What type of subpoena is used to compel witnesses produce documentary evidence such as accounting records?

Which of the following is true about an agency's informal powers?

Constitutional procedural safeguards such as the exclusionary rule protect respondents of the administrative adjudication process.

When a court reviews formal agency adjudications or formal agency rulemaking,the only agency findings that will be overturned are those that were unsupported by substantial evidence.

What was the core purpose of agencies when they were first created?

Agencies that invoke a power to search and seize evidence as part of an effort to prove a regulatory violation are subject to what constitutional prohibitions?

The powers an agency possess that are granted by its enabling legislation are called:

The "fourth branch" of government is not bound by basic constitutional guarantees such as due process,equal protection,and freedom of speech,just as the three traditional branches are.

Administrative action is subject to basic constitutional tests.

The Securities and Exchange Commission (SEC)is an example of an independent agency.

The Administrative Procedure Act (APA)was passed by Congress to standardize federal agency procedure.

________ reside within the Office of the President or within the executive departments of the President's cabinet.

Rule passed by an agency to advise regulated individuals of the manner in which the agency interprets statutes it enforces are called

________ allows individuals to inspect files that agencies maintain on them and to request that erroneous or incomplete records be corrected.

One of the founding principles of our government is separation of powers.How do administrative agencies tend to conform to,or violate this principle?

Under the Freedom of Information Act (FOIA),administrative agencies must normally respond to public requests for documents within ________ after such a request has been received.

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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