Question 1

Which of the following is true of a substantive rule?

Accepted Answer

A)  It interprets existing statutory language. 
B)  It does not have the force of law and is only issued as a guideline. 
C)  Substantive rules are exempt from judicial review. 
D)  Violators can be held criminally liable. 
A)  It interprets existing statutory language. 
B)  It does not have the force of law and is only issued as a guideline. 
C)  Substantive rules are exempt from judicial review. 
D)  Violators can be held criminally liable. D

Question 2

The ________ was enacted to open most federal administrative agency meetings to the public.

Accepted Answer

A)  Freedom of Information Act 
B)  Privacy Act 
C)  Government in the Sunshine Act 
D)  Equal Access to Justice Act 
A)  Freedom of Information Act 
B)  Privacy Act 
C)  Government in the Sunshine Act 
D)  Equal Access to Justice Act C

Question 3

When are searches by administrative agencies considered reasonable?

Accepted Answer

Searches by administrative agencies are generally considered to be reasonable within the meaning of the Fourth Amendment if:
a. the party voluntarily agrees to the search.
b. the search is conducted pursuant to a validly issued search warrant.
c. a warrantless search is conducted in an emergency situation.
d. the business is part of a special industry where warrantless searches are automatically considered valid.
e. the business is part of a hazardous industry and a statute expressly provides for nonarbitrary warrantless searches.

Question 4

Independent federal administrative agencies are federal agencies responsible for enforcing specific administrative statutes enacted by Congress.

Accepted Answer

A) True 
 B)False

Question 5

The legislative branch is permitted to authorize existing administrative agencies to enforce new statutes.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following is true of the Department of Homeland Security?

Accepted Answer

A)  It was constituted immediately after the attack on Pearl Harbor. 
B)  It provides services in information analysis and infrastructure protection. 
C)  It protects persons from harassment by federal administrative agencies. 
D)  It gives the public access to documents in the possession of federal administrative agencies. 
A)  It was constituted immediately after the attack on Pearl Harbor. 
B)  It provides services in information analysis and infrastructure protection. 
C)  It protects persons from harassment by federal administrative agencies. 
D)  It gives the public access to documents in the possession of federal administrative agencies.

Question 7

The Federal Communications Commission issues licenses and regulates the operation of television and radio stations. This is an example of a(n) ________.

Accepted Answer

A)  general government regulation 
B)  specific government regulation 
C)  cabinet-level federal department 
D)  independent federal administrative agency 
A)  general government regulation 
B)  specific government regulation 
C)  cabinet-level federal department 
D)  independent federal administrative agency

Question 8

The Department of Homeland Security advises the U.S. President on matters related to internal security, external threats to the United States, and potential terrorist attacks. This department is an example of a(n) ________.

Accepted Answer

A)  independent federal administrative agency 
B)  cabinet-level federal department 
C)  law enforcement agency 
D)  state administrative agency 
A)  independent federal administrative agency 
B)  cabinet-level federal department 
C)  law enforcement agency 
D)  state administrative agency

Question 9

A(n) ________ refers to a rule issued by an administrative agency that defines existing statutory language.

Accepted Answer

A)  interpretive rule 
B)  operational code 
C)  substantive rule 
D)  statement of policy 
A)  interpretive rule 
B)  operational code 
C)  substantive rule 
D)  statement of policy

Question 10

Local administrative agencies are agencies created by cities, municipalities, and counties to administer local regulatory law.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following acts protects persons from harassment by federal administrative agencies?

Accepted Answer

A)  the Freedom of Information Act 
B)  the Government in the Sunshine Act 
C)  the Equal Access to Justice Act 
D)  the Privacy Act 
A)  the Freedom of Information Act 
B)  the Government in the Sunshine Act 
C)  the Equal Access to Justice Act 
D)  the Privacy Act

Question 12

Administrative agencies do not have to comply with the Due Process Clause of the U.S. Constitution when adjudicating cases of violation.

Accepted Answer

A) True 
 B)False

Question 13

Cabinet members of cabinet-level federal departments are chosen directly by the president.

Accepted Answer

A) True 
 B)False

Question 14

Federal administrative agencies are created by ________.

Accepted Answer

A)  the U.S. President 
B)  the U.S. Congress 
C)  the U.S. people 
D)  the U.S. judiciary 
A)  the U.S. President 
B)  the U.S. Congress 
C)  the U.S. people 
D)  the U.S. judiciary

Question 15

________ is law that an administrative agency enforces, such as federal statutes enacted by Congress, or state statutes enacted by state legislatures.

Accepted Answer

A)  Formal ruling 
B)  Substantive administrative law 
C)  Procedural administrative law 
D)  Informal ruling 
A)  Formal ruling 
B)  Substantive administrative law 
C)  Procedural administrative law 
D)  Informal ruling

Question 16

All state regulatory laws are drafted by the federal government and then adopted by the state.

Accepted Answer

A) True 
 B)False

Question 17

The U.S. Equal Employment Opportunity Commission enforcing equal opportunity in employment laws is an instance of general government regulation.

Accepted Answer

A) True 
 B)False

Question 18

The party who appeals a decision of an administrative agency is called a petitioner.

Accepted Answer

A) True 
 B)False

Question 19

General government regulation consists of laws that regulate ________.

Accepted Answer

A)  the legislative branch of the federal government 
B)  government-aided organizations 
C)  the executive branch of the federal government 
D)  businesses and industries 
A)  the legislative branch of the federal government 
B)  government-aided organizations 
C)  the executive branch of the federal government 
D)  businesses and industries

Question 20

Distinguish between substantive rules and interpretive rules. What is a statement of policy?

Accepted Answer

A substantive rule is much like a statut

Exam 43: Administrative Law and Regulatory Agencies

Which of the following is true of a substantive rule?

The ________ was enacted to open most federal administrative agency meetings to the public.

When are searches by administrative agencies considered reasonable?

Independent federal administrative agencies are federal agencies responsible for enforcing specific administrative statutes enacted by Congress.

The legislative branch is permitted to authorize existing administrative agencies to enforce new statutes.

Which of the following is true of the Department of Homeland Security?

The Federal Communications Commission issues licenses and regulates the operation of television and radio stations. This is an example of a(n) ________.

The Department of Homeland Security advises the U.S. President on matters related to internal security, external threats to the United States, and potential terrorist attacks. This department is an example of a(n) ________.

A(n) ________ refers to a rule issued by an administrative agency that defines existing statutory language.

Local administrative agencies are agencies created by cities, municipalities, and counties to administer local regulatory law.

Which of the following acts protects persons from harassment by federal administrative agencies?

Administrative agencies do not have to comply with the Due Process Clause of the U.S. Constitution when adjudicating cases of violation.

Cabinet members of cabinet-level federal departments are chosen directly by the president.

Federal administrative agencies are created by ________.

________ is law that an administrative agency enforces, such as federal statutes enacted by Congress, or state statutes enacted by state legislatures.

All state regulatory laws are drafted by the federal government and then adopted by the state.

The U.S. Equal Employment Opportunity Commission enforcing equal opportunity in employment laws is an instance of general government regulation.

The party who appeals a decision of an administrative agency is called a petitioner.

General government regulation consists of laws that regulate ________.

Distinguish between substantive rules and interpretive rules. What is a statement of policy?

Legal Heritage and the Digital Age

Courts and Jurisdiction

Judicial, Alternative, and E-Dispute Resolution

Constitutional Law for Business and E-Commerce

Intentional Torts and Negligence

Product and Strict Liability

Intellectual Property and Cyber Piracy

Criminal Law and Cyber Crime

Nature of Traditional and E-Contracts

Agreement

Consideration and Promissory Estoppel

Capacity and Legality

Genuineness of Assent and Undue Influence

Statute of Frauds and Equitable Exceptions

Third-Party Rights and Discharge

Remedies for Breach of Traditional and E-Contracts

Digital Law and E-Commerce

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

Warranties

Creation of Negotiable Instruments

Holder in Due Course and Transferability

Liability, Defenses, and Discharge

Banking System and Electronic Financial Transactions

Credit, Mortgages, and Debtors Rights

Secured Transactions

Bankruptcy and Reorganization

Agency Formation and Termination

Liability of Principals, Agents, and Independent Contractors

Employment, Worker Protection, and Immigration Law

Labor Law

Equal Opportunity in Employment

Small Business, Entrepreneurship, and General Partnerships

Limited Partnerships and Special Partnerships

Corporate Formation and Financing

Corporate Governance and the Sarbanes-Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Companies and Limited Liability Partnerships

Franchise and Special Forms of Business

Investor Protection and E-Securities Transactions

Ethics and Social Responsibility of Business

Consumer Protection and Product Safety

Environmental Protection

Antitrust Law and Unfair Trade Practices

Personal Property, Real Property, and Insurance

Real Property

Landlord-Tenant Law and Land Use Regulation

Insurance

Accountants Duties and Liability

Wills, Trusts, and Estates

Family Law

International and World Trade Law

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