Question 1

Rulemaking-the formulation of new administrative regulations-is a major function of Congress, not administrative agencies.

Accepted Answer

A) True 
 B)False

Question 2

There are no limits to the information that an administrative agency can demand from an individual or organization.

Accepted Answer

A) True 
 B)False

Question 3

Boxy's Packaging Materials Company is subject to regulations issued by the Occupational Safety and Health Administration (OSHA). Like other federal administrative agencies, the OSHA was created by

Accepted Answer

A)  Congress, through enabling legislation. 
B)  the Federal Trade Commission, through the rulemaking process. 
C)  the president, through an executive order. 
D)  the U.S. Department of Labor, through a final order. 
A)  Congress, through enabling legislation. 
B)  the Federal Trade Commission, through the rulemaking process. 
C)  the president, through an executive order. 
D)  the U.S. Department of Labor, through a final order.

Question 4

A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious.

Accepted Answer

A) True 
 B)False

Question 5

A court will not review an administrative agency's decision until the case is "ripe for review."

Accepted Answer

A) True 
 B)False

Question 6

Independent regulatory agencies such as the Federal Trade Commission are

Accepted Answer

A)  not part of the government's executive branch. 
B)  outside the major departments of the government's executive branch. 
C)  subagencies of executive agencies. 
D)  subject to more executive authority than executive agencies. 
A)  not part of the government's executive branch. 
B)  outside the major departments of the government's executive branch. 
C)  subagencies of executive agencies. 
D)  subject to more executive authority than executive agencies.

Question 7

Frequently, disputes over violations of administrative rules are resolved through informal adjudication proceedings.

Accepted Answer

A) True 
 B)False

Question 8

Every portion of every meeting of a federal administrative agency does not have to be open to public observation.

Accepted Answer

A) True 
 B)False

Question 9

Informal agency actions are exempt from the Administrative Procedure Act's requirements.

Accepted Answer

A) True 
 B)False

Question 10

To notify the public of a proposed rule, the Food Safety and Inspection Service, like other federal agencies, publishes the proposal in

Accepted Answer

A)  the news media. 
B)  a trade journal available to members of the industry. 
C)  the Federal Register. 
D)  an office memo that employees are free to take home. 
A)  the news media. 
B)  a trade journal available to members of the industry. 
C)  the Federal Register. 
D)  an office memo that employees are free to take home.

Question 11

The U.S. Fish and Wildlife Service uses notice-and-comment rulemaking. This involves a period during which

Accepted Answer

A)  judges, legislators, and the president are asked about a proposed rule. 
B)  potential violators of a proposed rule are notified and publicized. 
C)  the administrators "notice" a problem and "comment" on it. 
D)  the public is asked to comment on a proposed rule. 
A)  judges, legislators, and the president are asked about a proposed rule. 
B)  potential violators of a proposed rule are notified and publicized. 
C)  the administrators "notice" a problem and "comment" on it. 
D)  the public is asked to comment on a proposed rule.

Question 12

Many agency rules require compliance reporting from regulated entities, and such a report can not trigger an enforcement investigation.

Accepted Answer

A) True 
 B)False

Question 13

Guard Personnel Company is charged hiring practices that do not meet requirements set by the Transportation Safety Administration (TSA). The administrative law judge orders Guard to comply with the TSA’s regulations. Guard may

Accepted Answer

A)  appeal to the commission that governs the TSA. 
B)  appeal to Congress, which created the TSA. 
C)  appeal to a different, separate agency. 
D)  ignore the order. 
A)  appeal to the commission that governs the TSA. 
B)  appeal to Congress, which created the TSA. 
C)  appeal to a different, separate agency. 
D)  ignore the order.

Question 14

Administrative agencies can not make legislative rules, or substantive rules, that are as legally binding as laws that the Congress passes.

Accepted Answer

A) True 
 B)False

Question 15

Federal executive agencies are outside the federal executive departments.

Accepted Answer

A) True 
 B)False

Question 16

State regulation, when not preempted, may cover many of the same activities as federal regulation.

Accepted Answer

A) True 
 B)False

Question 17

Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

Accepted Answer

A)  changed the agency's prior policy without justification. 
B)  followed a consideration of all relevant factors. 
C)  was accompanied by a rational explanation. 
D)  was plainly warranted by the evidence. 
A)  changed the agency's prior policy without justification. 
B)  followed a consideration of all relevant factors. 
C)  was accompanied by a rational explanation. 
D)  was plainly warranted by the evidence.

Question 18

Before adopting new regulations to govern Internet-based phone services, the Federal Communications Commission may not

Accepted Answer

A)  hold hearings to acquire facts pertinent to the proposed rules. 
B)  ignore the Administrative Procedure Act to streamline proceedings. 
C)  order manufacturers to provide certain documents. 
D)  solicit testimony from interest groups and consumers. 
A)  hold hearings to acquire facts pertinent to the proposed rules. 
B)  ignore the Administrative Procedure Act to streamline proceedings. 
C)  order manufacturers to provide certain documents. 
D)  solicit testimony from interest groups and consumers.

Question 19

The Consumer Product Safety Commission (CPSC) wants Monster Toy Company to produce certain records for review. To obtain the records, the CPSC will issue

Accepted Answer

A)  an order for specific performance. 
B)  a rule for parol evidence. 
C)  a formal complaint. 
D)  a subpoena. 
A)  an order for specific performance. 
B)  a rule for parol evidence. 
C)  a formal complaint. 
D)  a subpoena.

Question 20

With some exceptions, every portion of every meeting of the Federal Reserve System Board of Governors and other federal administrative agencies must be open to public observation under

Accepted Answer

A)  no federal or state law. 
B)  the Freedom of Information Act. 
C)  the Government-in-the-Sunshine Act. 
D)  the Public Accountability Act. 
A)  no federal or state law. 
B)  the Freedom of Information Act. 
C)  the Government-in-the-Sunshine Act. 
D)  the Public Accountability Act.

Exam 44: Administrative Law

Rulemaking-the formulation of new administrative regulations-is a major function of Congress, not administrative agencies.

There are no limits to the information that an administrative agency can demand from an individual or organization.

Boxy's Packaging Materials Company is subject to regulations issued by the Occupational Safety and Health Administration (OSHA). Like other federal administrative agencies, the OSHA was created by

A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious.

A court will not review an administrative agency's decision until the case is "ripe for review."

Independent regulatory agencies such as the Federal Trade Commission are

Frequently, disputes over violations of administrative rules are resolved through informal adjudication proceedings.

Every portion of every meeting of a federal administrative agency does not have to be open to public observation.

Informal agency actions are exempt from the Administrative Procedure Act's requirements.

To notify the public of a proposed rule, the Food Safety and Inspection Service, like other federal agencies, publishes the proposal in

The U.S. Fish and Wildlife Service uses notice-and-comment rulemaking. This involves a period during which

Many agency rules require compliance reporting from regulated entities, and such a report can not trigger an enforcement investigation.

Guard Personnel Company is charged hiring practices that do not meet requirements set by the Transportation Safety Administration (TSA). The administrative law judge orders Guard to comply with the TSA’s regulations. Guard may

Administrative agencies can not make legislative rules, or substantive rules, that are as legally binding as laws that the Congress passes.

Federal executive agencies are outside the federal executive departments.

State regulation, when not preempted, may cover many of the same activities as federal regulation.

Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

Before adopting new regulations to govern Internet-based phone services, the Federal Communications Commission may not

The Consumer Product Safety Commission (CPSC) wants Monster Toy Company to produce certain records for review. To obtain the records, the CPSC will issue

With some exceptions, every portion of every meeting of the Federal Reserve System Board of Governors and other federal administrative agencies must be open to public observation under

Introduction to Law and Legal Reasoning

Courts and Alternative Dispute Resolution

Court Procedures

Constitutional Authority to Regulate Business

Ethics and Business Decision Making

Intentional Torts and Privacy

Negligence and Strict Liability

Intellectual Property and Internet Law

Criminal Law and Cyber Crime

Nature and Terminology

Agreement in Traditional and E-Contracts

Consideration

Capacity and Legality

Mistakes, Fraud, and Voluntary Consent

The Statute of Frauds

Third Party Rights

Performance and Discharge

Breach of Contract and Remedies

The Formation of Sales and Lease Contracts

Title, Risk, and Insurable Interest

Performance Breach of Sales Lease Contracts

Warranties and Product Liability

International Law in a Global Economy

The Function Creation of Negotiable Instruments

Transferability and Holder in Due Course

Liability, Defenses, and Discharge

Checks and Banking in the Digital Age

Creditors Rights and Remedies

Secured Transactions

Bankruptcy Law

Mortgages Foreclosures After the Recession

Agency Formation and Duties

Agency Liability and Termination

Employment, Immigration, and Labor Law

Employment Discrimination

Sole Proprietorships and Franchises

Partnerships and Limited Liability Partnerships

Limited Liability Companies Special Business Forms

Corporate Formation and Financing

Corporate Directors, Officers, Shareholders

Corporate Merger, Consolidation, Termination

Securities Law Corporate Governance

Law for Small Business

Consumer Law

Environmental Law

Antitrust Law

Professional Liaility and Accountability

Personal Property and Bailments

Real Property Landlord-Tenant Relationships

Insurance

Wills and Trusts

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