Question 1

For an organization to maintain a lawsuit:

Accepted Answer

A)  at least one member must satisfy the requisites of standing 
B)  at least 10% of the members must satisfy the requisites of standing 
C)  at least 25% of the members must satisfy the requisites of standing 
D)  at least 51% of the members must satisfy the requisites of standing

Question 2

Article III of the Constitution limits jurisdiction in federal courts to:

Accepted Answer

A)  theoretical disputes 
B)  hypothetical disputes 
C)  actual disputes 
D)  any of the above

Question 3

If a statute does not provide for review,_____ review may be available.

Accepted Answer

The answer of If a statute does not provide for...

Question 4

Time limitations established by Congress are _____enforced by federal courts.

Accepted Answer

The answer of Time limitations established by Congress are _____enforced...

Question 5

Discuss the timing and jurisdictional limitations set by Congress for appeals of administrative decisions.

Accepted Answer

The answer of Discuss the timing and jurisdictional limitations set...

Question 6

The standard of review in which a court gives no deference to the agency decision iscalled:

Accepted Answer

A)  de novo review 
B)  substantial evidence standard review 
C)  arbitrary, capricious, abuse of discretion standard review 
D)  none of the above; all judicial review is required to offer some minimal level of deference to the agency decision

Question 7

A lawsuit brought by a citizen against another citizen who has defrauded thegovernment is called a(n):

Accepted Answer

A)  qui tam action 
B)  writ of mandamus suit 
C)  primary jurisdiction suit 
D)  res judicata action

Question 8

In a split 5-4 decision,the U.S.Supreme Court held in Arizona Christian School Tuition Organization v.Winn,131 S.Ct.1436 (2011)that taxpayers lacked standing to bring an action alleging that an Arizona statute,which granted tuition tax credits to income taxpayers who contributed money to "student tuition organizations" (STO)that used the contributions to provide scholarships to students attending private schools,including religious schools,violated the First Amendment's Establishment Clause.Justice Kennedy wrote the opinion of the court holding that the taxpayers lacked standing.Justice Kagan filed a dissenting opinion,in which Justices Ginsburg,Breyer,and Sotomayor joined.Discuss whether you agree with the majority opinion or the dissenting opinion in the case.

Accepted Answer

The answer of In a split 5-4 decision,the U.S.Supreme Court...

Question 9

The U.S.Supreme Court has held that taxpayers may have ____ if a nexus between thetaxpayers' status and the expenditure can be shown and it can be shown that the statute exceeds a constitutional limitation.

Accepted Answer

The answer of The U.S.Supreme Court has held that taxpayers...

Question 10

In a qui tam action,the citizen who files the lawsuit is called a(n):

Accepted Answer

A)  applicant 
B)  claimant 
C)  informer 
D)  representative

Question 11

Which type of review requires a court to affirm an agency decision if a reasonable person could have reached the same conclusion as the agency did?

Accepted Answer

A)  Certification de novo 
B)  De novo standard 
C)  Abuse of discretion 
D)  Substantial evidence standard

Question 12

The standard of review in which a court gives the most significant deference to theagency decision is called:

Accepted Answer

A)  de novo review 
B)  substantial evidence standard review 
C)  arbitrary, capricious, abuse of discretion standard review 
D)  none of the above; all judicial review is required to offer an equally substantial level of to the agency decision

Question 13

The primary jurisdiction doctrine is applied only to closely regulated industries.

Accepted Answer

A) True 
 B)False

Question 14

Res judicata applies only to final decisions on the merits.

Accepted Answer

A) True 
 B)False

Question 15

Mixed questions of law and fact decided upon by an agency are required under theAPA to be subject to a substantial evidence standard of review.

Accepted Answer

A) True 
 B)False

Question 16

Courts will refer an issue back to an agency only when the agency is empowered toenforce a desired or relevant remedy.

Accepted Answer

A) True 
 B)False

Question 17

An individual's attorney and court fees may be recovered if successful in a qui tamaction.

Accepted Answer

A) True 
 B)False

Exam 9: Accountability Through Reviewability

For an organization to maintain a lawsuit:

Article III of the Constitution limits jurisdiction in federal courts to:

If a statute does not provide for review,_____ review may be available.

Time limitations established by Congress are _____enforced by federal courts.

Discuss the timing and jurisdictional limitations set by Congress for appeals of administrative decisions.

The standard of review in which a court gives no deference to the agency decision iscalled:

A lawsuit brought by a citizen against another citizen who has defrauded thegovernment is called a(n) :

The U.S.Supreme Court has held that taxpayers may have ____ if a nexus between thetaxpayers' status and the expenditure can be shown and it can be shown that the statute exceeds a constitutional limitation.

In a qui tam action,the citizen who files the lawsuit is called a(n) :

Which type of review requires a court to affirm an agency decision if a reasonable person could have reached the same conclusion as the agency did?

The standard of review in which a court gives the most significant deference to theagency decision is called:

The primary jurisdiction doctrine is applied only to closely regulated industries.

Res judicata applies only to final decisions on the merits.

Mixed questions of law and fact decided upon by an agency are required under theAPA to be subject to a substantial evidence standard of review.

Courts will refer an issue back to an agency only when the agency is empowered toenforce a desired or relevant remedy.

An individual's attorney and court fees may be recovered if successful in a qui tamaction.