Question 1

Which of the following powers allows administrative agencies to issue substantive rules?

Accepted Answer

A)  rule-making 
B)  executive power 
C)  judicial authority 
D)  licensing 
A)  rule-making 
B)  executive power 
C)  judicial authority 
D)  licensing

Question 2

A federal administrative agency that proposes to adopt a substantive rule can legally resort to informal rule-making.

Accepted Answer

A) True 
 B)False

Question 3

The ________ says that when an administrative agency is created, it is given certain powers; the agency can use only the legislative, judicial, and executive powers that are allotted to it.

Accepted Answer

A)  doctrine of Equity 
B)  delegation doctrine 
C)  doctrine of Promissory Estoppel 
D)  doctrine of privity 
A)  doctrine of Equity 
B)  delegation doctrine 
C)  doctrine of Promissory Estoppel 
D)  doctrine of privity

Question 4

The delegation doctrine only allows executive and legislative powers to an administrative agency, and not judicial powers.

Accepted Answer

A) True 
 B)False

Question 5

A(n) ________ announces a proposed course of action that an agency intends to follow in the future.

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 6

________ refers to a rule issued by an administrative agency that has the force of law and to which covered persons and businesses must adhere.

Accepted Answer

A)  Interpretive rule 
B)  Rule of Law 
C)  Substantive rule 
D)  Operational code 
A)  Interpretive rule 
B)  Rule of Law 
C)  Substantive rule 
D)  Operational code

Question 7

Which of the following is true of the Administrative Procedure Act?

Accepted Answer

A)  It was enacted following the September 11, 2001 terrorist attacks. 
B)  It establishes how rules and regulations can be adopted by federal administrative agencies. 
C)  It provides for a uniform legal and justice system across the United States. 
D)  It divides administrative power between the federal legislative branch and state legislatures. 
A)  It was enacted following the September 11, 2001 terrorist attacks. 
B)  It establishes how rules and regulations can be adopted by federal administrative agencies. 
C)  It provides for a uniform legal and justice system across the United States. 
D)  It divides administrative power between the federal legislative branch and state legislatures.

Question 8

A(n) ________ requires the respondent to be given proper and timely notice of the allegations or charges against him or her and an opportunity to present evidence on the matter.

Accepted Answer

A)  interpretive rule 
B)  substantive due process 
C)  procedural due process 
D)  code of operation 
A)  interpretive rule 
B)  substantive due process 
C)  procedural due process 
D)  code of operation

Question 9

The power to investigate and prosecute possible violations of statutes, administrative rules, and administrative orders is the judicial power granted to administrative agencies.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following is true of an administrative law judge (ALJ)?

Accepted Answer

A)  An ALJ's decision is issued in the form of state statutes. 
B)  An ALJ's decision is final with no appeal. 
C)  An ALJ presides over administrative proceedings. 
D)  An ALJ is not considered an employee of an administrative agency. 
A)  An ALJ's decision is issued in the form of state statutes. 
B)  An ALJ's decision is final with no appeal. 
C)  An ALJ presides over administrative proceedings. 
D)  An ALJ is not considered an employee of an administrative agency.

Question 11

The Privacy Act provides that documents in the possession of federal administrative agencies are confidential to the respective agencies and cannot be accessed by the public.

Accepted Answer

A) True 
 B)False

Question 12

One of the services provided by the Department of Homeland Security is emergency preparedness and response to terrorist incidents.

Accepted Answer

A) True 
 B)False

Question 13

A federal administrative agency that proposes to adopt a substantive rule must give interested persons an opportunity to participate in the rule-making process.

Accepted Answer

A) True 
 B)False

Question 14

Distinguish between general government regulation and specific government regulation.

Accepted Answer

General government regulation consists o

Question 15

The Administrative Procedure Act establishes procedures that industries and businesses must follow when conducting their affairs.

Accepted Answer

A) True 
 B)False

Question 16

The Government in the Sunshine Act is a federal act that opens most federal administrative agency meetings to the public.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following is a provision of the Freedom of Information Act?

Accepted Answer

A)  It allows public admission to the day-to-day workings of an administrative agency. 
B)  It protects persons from harassment by federal administrative agencies. 
C)  It opens most federal administrative agency meetings to the public. 
D)  It gives the public access to documents in the possession of federal administrative agencies. 
A)  It allows public admission to the day-to-day workings of an administrative agency. 
B)  It protects persons from harassment by federal administrative agencies. 
C)  It opens most federal administrative agency meetings to the public. 
D)  It gives the public access to documents in the possession of federal administrative agencies.

Question 18

When Congress enacted the Securities Act of 1933, it created the Securities and Exchange Commission, a(n) ________, to administer and enforce those statutes.

Accepted Answer

A)  law enforcement authority 
B)  short-term commission 
C)  federal administrative agency 
D)  intelligence agency 
A)  law enforcement authority 
B)  short-term commission 
C)  federal administrative agency 
D)  intelligence agency

Question 19

Most inspections by administrative agencies are subject to the ________ Amendment to the U.S. Constitution.

Accepted Answer

A)  Eleventh 
B)  Second 
C)  Fifth 
D)  Fourth 
A)  Eleventh 
B)  Second 
C)  Fifth 
D)  Fourth

Question 20

A(n) ________ refers to permission that an administrative agency grants to persons or businesses to conduct certain types of commerce or professions.

Accepted Answer

A)  easement 
B)  license 
C)  letter of credit 
D)  arraignment 
A)  easement 
B)  license 
C)  letter of credit 
D)  arraignment

Exam 43: Administrative Law and Regulatory Agencies

Which of the following powers allows administrative agencies to issue substantive rules?

A federal administrative agency that proposes to adopt a substantive rule can legally resort to informal rule-making.

The ________ says that when an administrative agency is created, it is given certain powers; the agency can use only the legislative, judicial, and executive powers that are allotted to it.

The delegation doctrine only allows executive and legislative powers to an administrative agency, and not judicial powers.

A(n) ________ announces a proposed course of action that an agency intends to follow in the future.

________ refers to a rule issued by an administrative agency that has the force of law and to which covered persons and businesses must adhere.

Which of the following is true of the Administrative Procedure Act?

A(n) ________ requires the respondent to be given proper and timely notice of the allegations or charges against him or her and an opportunity to present evidence on the matter.

The power to investigate and prosecute possible violations of statutes, administrative rules, and administrative orders is the judicial power granted to administrative agencies.

Which of the following is true of an administrative law judge (ALJ)?

The Privacy Act provides that documents in the possession of federal administrative agencies are confidential to the respective agencies and cannot be accessed by the public.

One of the services provided by the Department of Homeland Security is emergency preparedness and response to terrorist incidents.

A federal administrative agency that proposes to adopt a substantive rule must give interested persons an opportunity to participate in the rule-making process.

Distinguish between general government regulation and specific government regulation.

The Administrative Procedure Act establishes procedures that industries and businesses must follow when conducting their affairs.

The Government in the Sunshine Act is a federal act that opens most federal administrative agency meetings to the public.

Which of the following is a provision of the Freedom of Information Act?

When Congress enacted the Securities Act of 1933, it created the Securities and Exchange Commission, a(n) ________, to administer and enforce those statutes.

Most inspections by administrative agencies are subject to the ________ Amendment to the U.S. Constitution.

A(n) ________ refers to permission that an administrative agency grants to persons or businesses to conduct certain types of commerce or professions.

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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