Exam 47: Administrative Law

Acme Corp.asserted in a magazine advertisement that its electric-powered bunion sander will remove bunions from users' feet twice as fast as any other bunion sander on the market today.As part of an investigation into whether this advertising claim was deceptive,the Federal Trade Commission (FTC)issued a subpoena demanding that Acme produce all of its records regarding tests it has performed to substantiate the performance claim for the bunion sander.The subpoena also demanded production of all records of tests to substantiate any performance claims made by Acme during the past four years regarding each of the 32 other products manufactured by Acme.Four of these other products were electric-powered products in the personal care category.The remaining products were either lawn care products or nonelectric tools.The strongest argument that Acme may make concerning the subpoena is that the subpoena:

Administrative agencies are what kind of bodies?

The term ripeness in reference to a lawsuit arising out of administrative decisions means:

The judicial standard of review often used in cases involving informal agency adjudications or rulemaking is the:

Although an administrative agency's interpretive rules do not have the force of law,its legislative rules do.

Sleazeco,Inc.was the respondent in an adjudicative proceeding initiated against it by the Federal Trade Commission.Dissatisfied with the decision rendered by the administrative law judge,Sleazeco wishes to appeal.Where does Sleazeco take its appeal? What is the nature of the review in such an appeal?

Administrative agencies typically possess a broad mix of governmental powers resembling those associated with the three traditional branches of government.

While preparing his tax returns for 2010 year,Harry discovers that his 2008 tax returns has errors.Those errors led him to pay more income tax that year than he would have otherwise paid.Harry wants to inspect his 2008 tax files that IRS has and request them to be corrected.Under which Act can he place this request?

An agency rule created through a(n)________ rulemaking method reduces the chances of voluntary compliance.

An administrative agency is most likely to use a subpoena to compel information from:

Separation of power issues seldom arise with regard to administrative agencies because agencies owe their existence to the absolute constitutional right of the legislative branch to delegate its power as it sees fit.

Assume that sellers of alcohol for consumption on the premises (i.e. ,bars,taverns,and the like)are heavily regulated under Montana law.The state's statutes and regulations impose a licensing requirement,mandate the posting of signs (in open-to-the-public portions of the bar)concerning the minimum drinking age and the possible hazards of alcohol consumption,and establish numerous other requirements that bar owners must meet.Montana law also authorizes the Montana Liquor Control Commission (MLCC),a state agency that administers the statutes and regulations on sellers of alcohol,to conduct administrative inspections of bars and taverns in order to determine whether the required signs are posted and the other legal requirements are being met.The statute providing for these inspections states that the MLCC need not obtain any sort of warrant before conducting such an inspection.MLCC investigators recently conducted a warrantless inspection of the Pink Elephant Lounge,a Butte,Montana tavern owned by Edna Sternwallow.The inspection revealed the absence of the required drinking age and warning signs.Following a hearing,the five MLCC commissioners suspended the Pink Elephant's liquor license for a year (a penalty allowed by Montana law for a violation of the sign-posting requirement).Sternwallow appealed to an appropriate Montana court,which is conducting a de novo review according to state law.Sternwallow argues that the evidence obtained through the warrantless inspection should be excluded because the inspection violated the Fourth Amendment.Will Sternwallow succeed with this argument? Explain.

________ rulemaking procedures provide limited rights to interested parties to cross-examine agency witnesses.

Which of the following is an accurate statement about powers delegated to and possessed by administrative agencies?

Cases in administrative proceedings are heard by a(n):

Which of the following agencies is an executive agency?

Joe has recently learnt about the Privacy Act of 1974 from his friend Shawn.That has reassured him that his personal tax documents available with the Internal Revenue Service are unlikely to be disclosed by IRS to third parties without his written consent.Is Joe right?

What type of subpoena is used to compel witnesses to appear and testify at an agency hearing?

________ are theoretically able to anticipate social problems and to act in a comprehensive fashion to minimize social harm.

Which of the following is an accurate statement about the Privacy Act of 1974?