Question 1

The President has significant control over administrative agencies housed within the executive branch by virtue of his power to:

Accepted Answer

A) influence the budgeting process. 
B) appoint and remove the chief administrator of those agencies. 
C) impound moneys appropriated to the agency by Congress. 
D) All of these are powers of the President. 
A) influence the budgeting process. 
B) appoint and remove the chief administrator of those agencies. 
C) impound moneys appropriated to the agency by Congress. 
D) All of these are powers of the President. D

Question 2

Criticism of administrative agencies includes that they:

Accepted Answer

A) lack the knowledge or time necessary to provide continuous and flexible solutions to evolving regulatory problems. 
B) lack the broad powers necessary to effectively deal with regulatory problems. 
C) are in effect miniature independent governments which have too much power concentration since the same bodies establish rules and then act as prosecutors and judges in determining whether those rules have been violated. 
D) All of these are valid criticisms. 
A) lack the knowledge or time necessary to provide continuous and flexible solutions to evolving regulatory problems. 
B) lack the broad powers necessary to effectively deal with regulatory problems. 
C) are in effect miniature independent governments which have too much power concentration since the same bodies establish rules and then act as prosecutors and judges in determining whether those rules have been violated. 
D) All of these are valid criticisms. C

Question 3

The legislature may exercise control of administrative agencies in all of the following ways, EXCEPT:

Accepted Answer

A) through its budgetary power. 
B) through the power to appoint and remove chief administrators. 
C) by amending an enabling statute to increase, modify, or decrease an agency's authority. 
D) All of these are ways the legislature controls agencies. 
A) through its budgetary power. 
B) through the power to appoint and remove chief administrators. 
C) by amending an enabling statute to increase, modify, or decrease an agency's authority. 
D) All of these are ways the legislature controls agencies. B

Question 4

Much of federal, state, and local law in this country has been established by administrative agencies.Because agencies possess tremendous power, many people have labeled them the:

Accepted Answer

A) independent commissions. 
B) legislative enforcers. 
C) fourth branch of government. 
D) None of these. 
A) independent commissions. 
B) legislative enforcers. 
C) fourth branch of government. 
D) None of these.

Question 5

Most legislative rules are issued in accordance with the informal rulemaking procedures of the Administrative
Procedure Act (APA).

Accepted Answer

A) True 
 B)False

Question 6

The is the federal public records statute requiring most records in agency files to be open to the public.

Accepted Answer

A) FOIA 
B) APA 
C) ALJ 
D) Government in the Sunshine Act 
A) FOIA 
B) APA 
C) ALJ 
D) Government in the Sunshine Act

Question 7

To what do the letters ALJ refer?

Accepted Answer

A) American Law Judges 
B) Administration's Legal Judge 
C) Administrative Law Judge 
D) Administrative Local Judiciary 
A) American Law Judges 
B) Administration's Legal Judge 
C) Administrative Law Judge 
D) Administrative Local Judiciary

Question 8

An agency's deciding an appealed case de novo means:

Accepted Answer

A) agency hearings produce evidence of general conditions. 
B) the agency may hear additional evidence and arguments in deciding whether to revise the findings and conclusions made in the initial decision. 
C) without regard to new evidence. 
D) an agency may impose in its orders sanctions, such as penalties. 
A) agency hearings produce evidence of general conditions. 
B) the agency may hear additional evidence and arguments in deciding whether to revise the findings and conclusions made in the initial decision. 
C) without regard to new evidence. 
D) an agency may impose in its orders sanctions, such as penalties.

Question 9

Which of the following is not covered by the Government in the Sunshine Act?

Accepted Answer

A) The Securities and Exchange Commission 
B) The Federal Trade Commission 
C) The Food and Drug Administration 
D) The Consumer Product Safety Commission 
E) All federal agencies are covered by the requirements of the Government in the Sunshine Act. 
A) The Securities and Exchange Commission 
B) The Federal Trade Commission 
C) The Food and Drug Administration 
D) The Consumer Product Safety Commission 
E) All federal agencies are covered by the requirements of the Government in the Sunshine Act.

Question 10

Notice of a proposed rule may be given by publication in the Federal Register.

Accepted Answer

A) True 
 B)False

Question 11

In reviewing an agency action, which of the following is included in the questions of law a court will consider?

Accepted Answer

A) Whether the agency violated any constitutional provision. 
B) Whether the agency acted contrary to the procedural requirements of the law. 
C) Whether the agency exceeded its authority. 
D) All of these would be considered. 
A) Whether the agency violated any constitutional provision. 
B) Whether the agency acted contrary to the procedural requirements of the law. 
C) Whether the agency exceeded its authority. 
D) All of these would be considered.

Question 12

Administrative statutes, often called regulations, issued by an agency are:

Accepted Answer

A) legislative rules. 
B) enabling statutes. 
C) appropriations. 
D) orders. 
A) legislative rules. 
B) enabling statutes. 
C) appropriations. 
D) orders.

Question 13

Only records specifically exempted from disclosure by statute are exempt from FOIA.

Accepted Answer

A) True 
 B)False

Question 14

The rules of evidence apply to an administrative hearing just as they do to a jury trial in the U.S.District Court.

Accepted Answer

A) True 
 B)False

Question 15

What limits are imposed on administrative agencies by each of the following: (a) the courts; (b) Congress; and (c)
the executive branch?

Accepted Answer

The courts exercise a check on administr

Question 16

Rulemaking powers of federal agencies are primarily governed by the:

Accepted Answer

A) SEC. 
B) APA. 
C) FCC. 
D) NHTSA. 
A) SEC. 
B) APA. 
C) FCC. 
D) NHTSA.

Question 17

An agency can charge for providing records to a person requesting access to its files.

Accepted Answer

A) True 
 B)False

Question 18

Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by that agency is then appealed to the courts, the court will generally apply what test in reviewing factual determinations?

Accepted Answer

A) The unwarranted by the facts standard. 
B) The substantial evidence test. 
C) The arbitrary and capricious test. 
D) The beyond a reasonable doubt standard. 
A) The unwarranted by the facts standard. 
B) The substantial evidence test. 
C) The arbitrary and capricious test. 
D) The beyond a reasonable doubt standard.

Question 19

In 1995, Congress enacted the Administrative Dispute Resolution Act to require federal agencies to use arbitration or mediation to resolve disputes.

Accepted Answer

A) True 
 B)False

Question 20

The Administrative Dispute Resolution Act:

Accepted Answer

A) was enacted by Congress in 1980 to help alleviate the caseload on administrative agencies. 
B) requires federal agencies to use alternative dispute resolution. 
C) was enacted to require state and federal agencies to use formal methods of dispute resolution. 
D) authorizes and encourages, but does not require, federal agencies to use techniques such as mediation, conciliation, and arbitration to resolve disputes informally. 
A) was enacted by Congress in 1980 to help alleviate the caseload on administrative agencies. 
B) requires federal agencies to use alternative dispute resolution. 
C) was enacted to require state and federal agencies to use formal methods of dispute resolution. 
D) authorizes and encourages, but does not require, federal agencies to use techniques such as mediation, conciliation, and arbitration to resolve disputes informally.

Exam 5: Administrative Law

The President has significant control over administrative agencies housed within the executive branch by virtue of his power to:

Criticism of administrative agencies includes that they:

The legislature may exercise control of administrative agencies in all of the following ways, EXCEPT:

Much of federal, state, and local law in this country has been established by administrative agencies.Because agencies possess tremendous power, many people have labeled them the:

Most legislative rules are issued in accordance with the informal rulemaking procedures of the Administrative Procedure Act (APA).

The is the federal public records statute requiring most records in agency files to be open to the public.

To what do the letters ALJ refer?

An agency's deciding an appealed case de novo means:

Which of the following is not covered by the Government in the Sunshine Act?

Notice of a proposed rule may be given by publication in the Federal Register.

In reviewing an agency action, which of the following is included in the questions of law a court will consider?

Administrative statutes, often called regulations, issued by an agency are:

Only records specifically exempted from disclosure by statute are exempt from FOIA.

The rules of evidence apply to an administrative hearing just as they do to a jury trial in the U.S.District Court.

What limits are imposed on administrative agencies by each of the following: (a) the courts; (b) Congress; and (c) the executive branch?

Rulemaking powers of federal agencies are primarily governed by the:

An agency can charge for providing records to a person requesting access to its files.

Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by that agency is then appealed to the courts, the court will generally apply what test in reviewing factual determinations?

In 1995, Congress enacted the Administrative Dispute Resolution Act to require federal agencies to use arbitration or mediation to resolve disputes.

The Administrative Dispute Resolution Act:

Introduction to Law

Business Ethics and the Social Responsibility of Business

Civil Dispute Resolution

Constitutional Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Relationship of Principal and Agent

Relationship With Third Parties

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Products Liability: Warranties and Strict Liability in Tort

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature, Formation, and Powers

Financial Structure

Management Structure

Fundamental Changes

Secured Transactions and Suretyship

Bankruptcy

Protection of Intellectual Property

Antitrust

Consumer Protection

Employment Law

Securities Regulation

Accountants Legal Liability

Environmental Law

International Business Law

Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Decedents Estates

51: The Legal Environment Of Business

52: Contracts.

53: Agency.

54: Sales

55: Negotiable Instruments

56: Unincorporated Business Association

57: Corporations

58: Debtor and Creditor Relation

59: Regulation of Business

60: Property.