Question 1

Only consumers have rights of comment during the public comment period.

Accepted Answer

A) True 
 B)False  False

Question 2

Appeals of federal administrative agency decisions go to federal district court.

Accepted Answer

A) True 
 B)False  False

Question 3

An ultra vires challenge to an administrative regulation is one brought on the grounds of procedural error.

Accepted Answer

A) True 
 B)False  False

Question 4

The Federal Privacy Act restricts the free exchange of information among federal agencies.

Accepted Answer

A) True 
 B)False

Question 5

The Administrative Procedures Act requires each federal agency to decide what procedures will be used for promulgating new regulations.

Accepted Answer

A) True 
 B)False

Question 6

The Department of Defense has video of a U.S. journalist being killed by terrorists.  A news organization has made a FOIA request to have the video released.  Parents of the journalist have asked that the video not be released on the grounds that it is death scene material and not appropriate for public viewing.  Which of the following describes what a court will do when the parents file suit seeking an injunction against the release of the video?

Accepted Answer

A) The parents will prevail because the video is private information. 
B) The Department of Defense will prevail because the Department of Defense is not subject to FOIA requests. 
C) The Department of Defense will prevail because there is not death scene exemption under FOIA . 
D) The parents will prevail because FOIA permits families to stop release of materials that involve their relatives' photos. 
A) The parents will prevail because the video is private information. 
B) The Department of Defense will prevail because the Department of Defense is not subject to FOIA requests. 
C) The Department of Defense will prevail because there is not death scene exemption under FOIA . 
D) The parents will prevail because FOIA permits families to stop release of materials that involve their relatives' photos.

Question 7

Which of the following is not one of the functions of administrative agencies?

Accepted Answer

A) Adjudicating rules 
B) Enforcing rules 
C) Interpreting statutes 
D) Promulgating regulations 
A) Adjudicating rules 
B) Enforcing rules 
C) Interpreting statutes 
D) Promulgating regulations

Question 8

An FOIA request can be denied if national security information is involved.

Accepted Answer

A) True 
 B)False

Question 9

The Department of Homeland Security has asked the Internal Revenue Service for the tax returns of U.S. citizens who have been identified as having ties to terrorist organizations. The IRS has declined to turn over the tax returns. Discuss the rights of the individuals and the authority of the two agencies.

Accepted Answer

The exchange of information is prohibite

Question 10

Comment periods are not required for modifications of rules, only new rules.

Accepted Answer

A) True 
 B)False

Question 11

Addison Winchell is the CEO of a printing firm located in Lexington, Kentucky. The state office of environment quality has proposed a rule mandating the use of soy inks and recycled paper by all printers in the state. Winchell says the expense will put him out of business. What can Winchell do?

Accepted Answer

A) Provide comments to the proposed rule. 
B) Go directly to court with a constitutional challenge. 
C) Present evidence if a trade group supports him. 
D) All of the above 
A) Provide comments to the proposed rule. 
B) Go directly to court with a constitutional challenge. 
C) Present evidence if a trade group supports him. 
D) All of the above

Question 12

Federal agencies are not allowed to charge fees for copies of reports released under the Freedom of Information Act.

Accepted Answer

A) True 
 B)False

Question 13

Other parties with an interest in an administrative case are known as _____.

Accepted Answer

A) co-defendants 
B) cross-plaintiffs 
C) intervenors 
D) speculators 
A) co-defendants 
B) cross-plaintiffs 
C) intervenors 
D) speculators

Question 14

Why must an agency research the problem it seeks to address?

Accepted Answer

A) The agency must establish the purpose for any new rules proposed. 
B) The agency must present evidence that the regulation will accomplish its purpose. 
C) The agency must determine if the regulation will be cost effective. 
D) All of the above are reasons an agency must research the problems it is addressing. 
A) The agency must establish the purpose for any new rules proposed. 
B) The agency must present evidence that the regulation will accomplish its purpose. 
C) The agency must determine if the regulation will be cost effective. 
D) All of the above are reasons an agency must research the problems it is addressing.

Question 15

Ralph is a candidate for public office.  Ten years earlier, Ralph went through an ugly divorce and the filings made by his ex-wife accused him of theft, child abuse, and distribution of pornography.  The allegations were never addressed by the court or proven.  The clerk of the court is from a different political party and checked on Ralph by running his name through the docket.  When she found the divorce filings, she fed the information to a reporter.  Which of the following statements is true?

Accepted Answer

A) The clerk has violated the Privacy Act. 
B) The clerk has not violated the Privacy Act unless the filings were not public. 
C) The clerk is entitled to view and release public records as part of her administrative duties. 
D) State and local agencies are not subject to privacy restrictions on their release of documents. 
A) The clerk has violated the Privacy Act. 
B) The clerk has not violated the Privacy Act unless the filings were not public. 
C) The clerk is entitled to view and release public records as part of her administrative duties. 
D) State and local agencies are not subject to privacy restrictions on their release of documents.

Question 16

An administrative agency is neither a legislative nor a judicial body.

Accepted Answer

A) True 
 B)False

Question 17

What is the effect of a consent decree?

Accepted Answer

A) The agency's charges are dismissed with no sanctions. 
B) The party makes no admissions as to conduct. 
C) There is still judicial appeal from a consent decree. 
D) It is no longer available under the Regulatory Flexibility Act. 
E) None of the above 
A) The agency's charges are dismissed with no sanctions. 
B) The party makes no admissions as to conduct. 
C) There is still judicial appeal from a consent decree. 
D) It is no longer available under the Regulatory Flexibility Act. 
E) None of the above

Question 18

Appeals of federal agency decisions to courts of appeal require a grant of certiorari .

Accepted Answer

A) True 
 B)False

Question 19

The Department of Homeland Security has been given the responsibility for the construction of a fence along the border between the United States and Mexico. The Department has not followed the 30-day comment rule on the composition and location of the proposed fence.  The Department:

Accepted Answer

A) has not complied with the rulemaking requirements and cannot proceed with the fence. 
B) can allow as short of a comment time as it wants as long as there is notice. 
C) does not have an enabling statute to allow for a comment period. 
D) does not need to follow comment periods for building a fence. 
A) has not complied with the rulemaking requirements and cannot proceed with the fence. 
B) can allow as short of a comment time as it wants as long as there is notice. 
C) does not have an enabling statute to allow for a comment period. 
D) does not need to follow comment periods for building a fence.

Question 20

The Regulatory Flexibility Act:

Accepted Answer

A) created the process of hybrid rule making. 
B) requires publication of rule notices in trade magazines. 
C) requires a six-month comment period in formal rule making. 
D) allows regulators to promulgate rules without prior notice. 
A) created the process of hybrid rule making. 
B) requires publication of rule notices in trade magazines. 
C) requires a six-month comment period in formal rule making. 
D) allows regulators to promulgate rules without prior notice.

Only consumers have rights of comment during the public comment period.

Appeals of federal administrative agency decisions go to federal district court.

An ultra vires challenge to an administrative regulation is one brought on the grounds of procedural error.

The Federal Privacy Act restricts the free exchange of information among federal agencies.

The Administrative Procedures Act requires each federal agency to decide what procedures will be used for promulgating new regulations.

Which of the following is not one of the functions of administrative agencies?

An FOIA request can be denied if national security information is involved.

Comment periods are not required for modifications of rules, only new rules.

Addison Winchell is the CEO of a printing firm located in Lexington, Kentucky. The state office of environment quality has proposed a rule mandating the use of soy inks and recycled paper by all printers in the state. Winchell says the expense will put him out of business. What can Winchell do?

Federal agencies are not allowed to charge fees for copies of reports released under the Freedom of Information Act.

Other parties with an interest in an administrative case are known as _____.

Why must an agency research the problem it seeks to address?

An administrative agency is neither a legislative nor a judicial body.

What is the effect of a consent decree?

Appeals of federal agency decisions to courts of appeal require a grant of certiorari .

The Department of Homeland Security has been given the responsibility for the construction of a fence along the border between the United States and Mexico. The Department has not followed the 30-day comment rule on the composition and location of the proposed fence. The Department:

The Regulatory Flexibility Act:

Introduction to Law

Business Ethics and Social Responsibility

The Court System and Dispute Resolution

Business and the Constitution

International Law

Business Crime

Business Torts

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts and Sales: Performance, Remedies, and Rights

Business Marketing and Products: Ads and Product Safety

Business Competition: Antitrust Law

Business and Intellectual Property Law

Agency Law

Governance and Structure: the Law of Business Associations

Governance and Regulation: Securities Law

Business and Employees: Employment Regulation

Business and Employees: Employment Discrimination

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Exam 5: Administrative Law

Only consumers have rights of comment during the public comment period.

Appeals of federal administrative agency decisions go to federal district court.

An ultra vires challenge to an administrative regulation is one brought on the grounds of procedural error.

The Federal Privacy Act restricts the free exchange of information among federal agencies.

The Administrative Procedures Act requires each federal agency to decide what procedures will be used for promulgating new regulations.

Which of the following is not one of the functions of administrative agencies?

An FOIA request can be denied if national security information is involved.

Comment periods are not required for modifications of rules, only new rules.

Addison Winchell is the CEO of a printing firm located in Lexington, Kentucky. The state office of environment quality has proposed a rule mandating the use of soy inks and recycled paper by all printers in the state. Winchell says the expense will put him out of business. What can Winchell do?

Federal agencies are not allowed to charge fees for copies of reports released under the Freedom of Information Act.

Other parties with an interest in an administrative case are known as _____.

Why must an agency research the problem it seeks to address?

An administrative agency is neither a legislative nor a judicial body.

What is the effect of a consent decree?

Appeals of federal agency decisions to courts of appeal require a grant of certiorari .

The Department of Homeland Security has been given the responsibility for the construction of a fence along the border between the United States and Mexico. The Department has not followed the 30-day comment rule on the composition and location of the proposed fence. The Department:

The Regulatory Flexibility Act:

Introduction to Law

Business Ethics and Social Responsibility

The Court System and Dispute Resolution

Business and the Constitution

International Law

Business Crime

Business Torts

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts and Sales: Performance, Remedies, and Rights

Business Marketing and Products: Ads and Product Safety

Business Competition: Antitrust Law

Business and Intellectual Property Law

Agency Law

Governance and Structure: the Law of Business Associations

Governance and Regulation: Securities Law

Business and Employees: Employment Regulation

Business and Employees: Employment Discrimination

Filters