Question 1

What is required by the substantial evidence test?

Accepted Answer

A) The conclusions reached must be supported by such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. 
B) It requires the court to try the facts de novo. 
C) It requires only that the agency had a rational basis for reaching its decision. 
D) It requires proof beyond a reasonable doubt. 
A) The conclusions reached must be supported by such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. 
B) It requires the court to try the facts de novo. 
C) It requires only that the agency had a rational basis for reaching its decision. 
D) It requires proof beyond a reasonable doubt. A

Question 2

The Environmental Protection Agency (EPA)would like to adopt some new rules regarding environmental impact statements,but it is afraid that if too many people know about them ahead of time,the adverse publicity will force the agency to amend them.To avoid any public comment,the agency seeks to adopt the rules without publishing them.Which of the following statements is true regarding the agency's actions?

Accepted Answer

A) The agency has a right to act in this way and a duty to be efficient with taxpayer money. 
B) The rules in this instance are procedural in nature and therefore are not required to be published. 
C) The agency is seeking to adopt the rules by a procedure that violates the rulemaking procedures set forth in the 
A) The agency has a right to act in this way and a duty to be efficient with taxpayer money. 
B) The rules in this instance are procedural in nature and therefore are not required to be published. 
C) The agency is seeking to adopt the rules by a procedure that violates the rulemaking procedures set forth in the C

Question 3

Parties that seek to challenge agency action must:

Accepted Answer

A) have standing. 
B) have exhausted their administrative remedies. 
C) be a party injured by the agency action. 
D) All of the above. 
A) have standing. 
B) have exhausted their administrative remedies. 
C) be a party injured by the agency action. 
D) All of the above. D

Question 4

In 1990,Congress enacted the Administrative Dispute Resolution Act to require agencies to use alternative dispute resolution.

Accepted Answer

A) True 
 B)False

Question 5

An advantage of administrative agencies is that they:

Accepted Answer

A) relieve legislatures from trying to create legislation that deals with every detail of a specific problem. 
B) can be specialized bodies staffed by individuals with expertise in the regulated field. 
C) do not have to be concerned about compliance with constitutional mandates since they perform powers of all three branches of government. 
D) All of the above. 
E) Both (a) and (b). 
A) relieve legislatures from trying to create legislation that deals with every detail of a specific problem. 
B) can be specialized bodies staffed by individuals with expertise in the regulated field. 
C) do not have to be concerned about compliance with constitutional mandates since they perform powers of all three branches of government. 
D) All of the above. 
E) Both (a) and (b).

Question 6

The Sunshine Act allows for closed meetings if they concern agency participation in pending or anticipated litigation.

Accepted Answer

A) True 
 B)False

Question 7

Administrative agencies establish rules,and then act as both prosecutor and judge in determining whether the rules have been violated.

Accepted Answer

A) True 
 B)False

Question 8

Rulemaking powers of federal agencies are primarily governed by the:

Accepted Answer

A) SEC. 
B) APA. 
C) FCC. 
D) NHTSA. 
A) SEC. 
B) APA. 
C) FCC. 
D) NHTSA.

Question 9

Which of the following statements is true regarding administrative law judges?

Accepted Answer

A) ALJs are appointed by the president with the approval of the Senate. 
B) ALJs may be removed only for good cause. 
C) There are more than twice as many federal judges as there are administrative law judges. 
D) Administrative law judges preside over jury cases within the area of expertise of the agency. 
A) ALJs are appointed by the president with the approval of the Senate. 
B) ALJs may be removed only for good cause. 
C) There are more than twice as many federal judges as there are administrative law judges. 
D) Administrative law judges preside over jury cases within the area of expertise of the agency.

Question 10

Only documentary evidence may be admitted at an administrative hearing.

Accepted Answer

A) True 
 B)False

Question 11

How are ALJs selected?

Accepted Answer

A) They are appointed by the president and then confirmed by Congress. 
B) They are elected by Congress. 
C) They are appointed by the president without confirmation by Congress. 
D) They are appointed by the agency through a professional merit selection system. 
A) They are appointed by the president and then confirmed by Congress. 
B) They are elected by Congress. 
C) They are appointed by the president without confirmation by Congress. 
D) They are appointed by the agency through a professional merit selection system.

Question 12

What is an administrative agency? What powers does an administrative agency possess?

Accepted Answer

Administrative agencies are governmental

Question 13

Discuss the role of judicial review in relation to administrative agencies.

Accepted Answer

Judicial review is the process by which

Question 14

Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by that agency is then appealed to the courts,the court will generally apply what standard in reviewing factual determinations?

Accepted Answer

A) The unwarranted by the facts standard. 
B) The substantial evidence standard. 
C) The arbitrary and capricious standard. 
D) The beyond a reasonable doubt standard. 
A) The unwarranted by the facts standard. 
B) The substantial evidence standard. 
C) The arbitrary and capricious standard. 
D) The beyond a reasonable doubt standard.

Question 15

If the decision of an ALJ is appealed to the governing body of the agency,the case may be decided de novo.

Accepted Answer

A) True 
 B)False

Question 16

An agency may impose in its orders sanctions,such as seizing property or revoking a license.

Accepted Answer

A) True 
 B)False

Question 17

What limits are imposed on administrative agencies by each of the following: (a)the courts; (b)Congress; and (c)the executive branch?

Accepted Answer

The courts exercise a check on administr

Question 18

Formal rulemaking differs from informal rulemaking in that with formal rulemaking:

Accepted Answer

A) 	the procedures are governed by the same APA provisions that govern an adjudication. 
B) 	an agency  must give prior notice of a proposed rule, usually by publication in the Federal Register. 
C) 	an opportunity must be given for interested parties to participate in the rulemaking. 
D) 	publication of a final draft of the rule, along with a statement of the rule’s purpose, must be given at least fourteen days before its effective date. 
A) 	the procedures are governed by the same APA provisions that govern an adjudication. 
B) 	an agency  must give prior notice of a proposed rule, usually by publication in the Federal Register. 
C) 	an opportunity must be given for interested parties to participate in the rulemaking. 
D) 	publication of a final draft of the rule, along with a statement of the rule’s purpose, must be given at least fourteen days before its effective date.

Question 19

The Government in the Sunshine Act covers all but which of the following agencies?

Accepted Answer

A) Consumer Product Safety Commission. 
B) Commodity Futures Trading Commission. 
C) Environmental Protection Agency. 
D) Securities and Exchange Commission. 
A) Consumer Product Safety Commission. 
B) Commodity Futures Trading Commission. 
C) Environmental Protection Agency. 
D) Securities and Exchange Commission.

Question 20

The __________ is the federal statute requiring most records in agency files to be accessible to the public.

Accepted Answer

A) FOIA 
B) APA 
C) ALJ 
D) Government in the Sunshine Act 
A) FOIA 
B) APA 
C) ALJ 
D) Government in the Sunshine Act

Exam 5: Administrative Law

What is required by the substantial evidence test?

Parties that seek to challenge agency action must:

In 1990,Congress enacted the Administrative Dispute Resolution Act to require agencies to use alternative dispute resolution.

An advantage of administrative agencies is that they:

The Sunshine Act allows for closed meetings if they concern agency participation in pending or anticipated litigation.

Administrative agencies establish rules,and then act as both prosecutor and judge in determining whether the rules have been violated.

Rulemaking powers of federal agencies are primarily governed by the:

Which of the following statements is true regarding administrative law judges?

Only documentary evidence may be admitted at an administrative hearing.

How are ALJs selected?

What is an administrative agency? What powers does an administrative agency possess?

Discuss the role of judicial review in relation to administrative agencies.

Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by that agency is then appealed to the courts,the court will generally apply what standard in reviewing factual determinations?

If the decision of an ALJ is appealed to the governing body of the agency,the case may be decided de novo.

An agency may impose in its orders sanctions,such as seizing property or revoking a license.

What limits are imposed on administrative agencies by each of the following: (a)the courts; (b)Congress; and (c)the executive branch?

Formal rulemaking differs from informal rulemaking in that with formal rulemaking:

The Government in the Sunshine Act covers all but which of the following agencies?

The __________ is the federal statute requiring most records in agency files to be accessible to the public.

Introduction to Law

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Intentional Torts

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