Question 1

When agencies act informally:

Accepted Answer

A)  fairness is rarely an issue 
B)  there are often few or no procedures to protect individuals 
C)  there are always defined rules and standards designed to protect individuals 
D)  Because they are created by statute, agencies never act informally.

Question 2

All agency actions,both formal and informal,are strictly governed by the agency'senabling statute.

Accepted Answer

A) True 
 B)False

Question 3

When a court reviews an agency's application of a statute that it administers,ifCongress has not specifically addressed the question at issue,the court may use its owninterpretation of the statute's application to decide the issue.

Accepted Answer

A) True 
 B)False

Question 4

The APA provides that an agency may issue a(n)_____ order to resolve questions of law that have arisen but have not yet been contested.

Accepted Answer

The answer of The APA provides that an agency may...

Question 5

The Federal Mediation and Conciliation Service (FMCS)acts as ____ in labor disputesthat affect interstate commerce and encourages parties to engage in arbitration to resolve their disputes.

Accepted Answer

The answer of The Federal Mediation and Conciliation Service (FMCS)acts...

Question 6

In 2013,the Internal Revenue Service (IRS)revealed that it had targeted political groups applying for tax-exempt status for closer scrutiny based on their names or political themes.Discuss how too much discretion afforded to the IRS caused this abuse of authority.

Accepted Answer

The answer of In 2013,the Internal Revenue Service (IRS)revealed that...

Question 7

Disagreement with an agency's policy decision is not the proper basis for a lawsuit.

Accepted Answer

A)  The ultra vires doctrine 
B)  Elian's Law 
C)  The Chevron Doctrine 
D)  Agency immunity

Question 8

Arbitration results in a final decision.

Accepted Answer

A) True 
 B)False

Question 9

Discuss the different factors that can and cannot be used by an agency in determining who shall be prosecuted.

Accepted Answer

The answer of Discuss the different factors that can and...

Question 10

A great majority of agency actions are informal.

Accepted Answer

A) True 
 B)False

Question 11

Discuss the three different forms of commonly exercised discretion by agency officials.

Accepted Answer

The answer of Discuss the three different forms of commonly...

Question 12

Prosecutorial discretion includes deciding whom to _____ and prosecute.

Accepted Answer

The answer of Prosecutorial discretion includes deciding whom to _____...

Question 13

A declaratory order is a(n)_____ equivalent of a judicial declaratory judgment.

Accepted Answer

The answer of A declaratory order is a(n)_____ equivalent of...

Question 14

A prosecutor may not consider a person's ____,gender,or religious affiliation when making a decision on whether to prosecute.

Accepted Answer

The answer of A prosecutor may not consider a person's...

Question 15

The Department of Justice is responsible for enforcing criminal and civil statutes.

Accepted Answer

A) True 
 B)False

Question 16

Which term describes a situation where an agency exceeds its statutory mandate and acts outside of the scope or legal limits?

Accepted Answer

A)  Ultra vires 
B)  Advisory opinion 
C)  The Chevron Doctrine 
D)  Agency immunity

Question 17

What is an opinion issued by an agency,upon request,that offers the agency'sinterpretation of law or asserts the agency's policy,practices,or procedures?

Accepted Answer

A)  Declaratory order 
B)  Judicial opinion 
C)  Executive order 
D)  Advisory opinion

Question 18

Under the APA,declaratory orders are subject to ____ review by the courts for abuses of discretion.

Accepted Answer

The answer of Under the APA,declaratory orders are subject to...

Question 19

If Congress has left a gap in an agency's enabling statute regarding the making of rules necessary for the formulation of agency policy:

Accepted Answer

A)  the statute is rendered void due to vagueness 
B)  the court may fill any gaps by interpreting the statute 
C)  the agency is given an express delegation of authority to create any necessary provisions to fulfill the agency's function 
D)  the statute is sent back to Congress for further explanation and repair

Question 20

Mediation results in a final decision.

Accepted Answer

A) True 
 B)False

Exam 3: Agency Discretion

When agencies act informally:

All agency actions,both formal and informal,are strictly governed by the agency'senabling statute.

When a court reviews an agency's application of a statute that it administers,ifCongress has not specifically addressed the question at issue,the court may use its owninterpretation of the statute's application to decide the issue.

The APA provides that an agency may issue a(n)_____ order to resolve questions of law that have arisen but have not yet been contested.

The Federal Mediation and Conciliation Service (FMCS)acts as ____ in labor disputesthat affect interstate commerce and encourages parties to engage in arbitration to resolve their disputes.

In 2013,the Internal Revenue Service (IRS)revealed that it had targeted political groups applying for tax-exempt status for closer scrutiny based on their names or political themes.Discuss how too much discretion afforded to the IRS caused this abuse of authority.

Disagreement with an agency's policy decision is not the proper basis for a lawsuit.

Arbitration results in a final decision.

Discuss the different factors that can and cannot be used by an agency in determining who shall be prosecuted.

A great majority of agency actions are informal.

Discuss the three different forms of commonly exercised discretion by agency officials.

Prosecutorial discretion includes deciding whom to _____ and prosecute.

A declaratory order is a(n)_____ equivalent of a judicial declaratory judgment.

A prosecutor may not consider a person's ____,gender,or religious affiliation when making a decision on whether to prosecute.

The Department of Justice is responsible for enforcing criminal and civil statutes.

Which term describes a situation where an agency exceeds its statutory mandate and acts outside of the scope or legal limits?

What is an opinion issued by an agency,upon request,that offers the agency'sinterpretation of law or asserts the agency's policy,practices,or procedures?

Under the APA,declaratory orders are subject to ____ review by the courts for abuses of discretion.

If Congress has left a gap in an agency's enabling statute regarding the making of rules necessary for the formulation of agency policy:

Mediation results in a final decision.