Question 1

If the decision of an ALJ is appealed to the governing body of the agency, the case may be decided de novo .

Accepted Answer

A) True 
 B)False  True

Question 2

Administrative law judges are appointed by the President and confirmed by the Senate just as are judges in the U.S.District Court.

Accepted Answer

A) True 
 B)False  False

Question 3

In reviewing an agency action, which of the following are 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. 
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. D

Question 4

Federal agencies may not charge for providing records to a person requesting access to the agency's files.

Accepted Answer

A) True 
 B)False

Question 5

An administrative agency's discretion to compel the disclosure of information is subject to any legal privileges to withhold such information.

Accepted Answer

A) True 
 B)False

Question 6

The scope of administrative law has expanded greatly in the last fifty years.

Accepted Answer

A) True 
 B)False

Question 7

What term refers to the entire set of activities in which an administrative agency engages?

Accepted Answer

A)  Rulemaking. 
B)  The administrative process. 
C)  Promulgating. 
D)  Enforcement. 
A)  Rulemaking. 
B)  The administrative process. 
C)  Promulgating. 
D)  Enforcement.

Question 8

The __________ is the federal statute requiring most records in agency files to be accessible 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 9

A minor agency rule:

Accepted Answer

A)  if disapproved by Congress, must be resubmitted to both houses of Congress. 
B)  if disapproved by Congress, must be revised according to Congressional guidelines. 
C)  if disapproved by Congress, has no chance of approval by the President. 
D)  takes effect but, if after being submitted to Congress it is disapproved, it is treated as though it had never taken effect. 
A)  if disapproved by Congress, must be resubmitted to both houses of Congress. 
B)  if disapproved by Congress, must be revised according to Congressional guidelines. 
C)  if disapproved by Congress, has no chance of approval by the President. 
D)  takes effect but, if after being submitted to Congress it is disapproved, it is treated as though it had never taken effect.

Question 10

Only records specifically exempted by statute from disclosure are inaccessible under the FOIA.

Accepted Answer

A) True 
 B)False

Question 11

Congress enacted the Administrative Procedure Act in 1964.

Accepted Answer

A) True 
 B)False

Question 12

Explain what is considered a "major rule" and the effect of an administrative rule's being in this category.

Accepted Answer

The Congressional Review Act enacted in

Question 13

Formal rulemaking differs from informal rulemaking in that with formal rulemaking:

Accepted Answer

A)  the procedures are governed by the same APA provisions that govern an adjudication. 
B)  an agency must give prior notice of a proposed rule, usually by publication in the Federal Register. 
C)  an opportunity must be given for interested parties to participate in the rulemaking. 
D)  publication of a final draft of the rule, along with a statement of the rule's purpose, must be given at least fourteen days before its effective date. 
A)  the procedures are governed by the same APA provisions that govern an adjudication. 
B)  an agency must give prior notice of a proposed rule, usually by publication in the Federal Register. 
C)  an opportunity must be given for interested parties to participate in the rulemaking. 
D)  publication of a final draft of the rule, along with a statement of the rule's purpose, must be given at least fourteen days before its effective date.

Question 14

Legislative rules may, in certain circumstances, exceed the authority granted to an agency by the enabling statute.

Accepted Answer

A) True 
 B)False

Question 15

An administrative law judge for the Federal Trade Commission decides a case against a retail store chain.The company then appeals the decision to the commission itself.Which of the following is correct regarding the appeal of the case from the administrative law judge to the commission?

Accepted Answer

A)  The commission may hear additional evidence and arguments in deciding whether to revise the findings and conclusions it made in the initial decision. 
B)  There is no appeal from the decision of the ALJ. 
C)  The commission will decide the case by having a jury trial. 
D)  The commission must decide the case on the record, abstracts, and briefs and may not hear any evidence. 
A)  The commission may hear additional evidence and arguments in deciding whether to revise the findings and conclusions it made in the initial decision. 
B)  There is no appeal from the decision of the ALJ. 
C)  The commission will decide the case by having a jury trial. 
D)  The commission must decide the case on the record, abstracts, and briefs and may not hear any evidence.

Question 16

In exercising judicial review, when reviewing factual determinations, the court uses one of three different standards: arbitrary and capricious, substantial evidence, or unwarranted by the facts.

Accepted Answer

A) True 
 B)False

Question 17

An agency may impose in its orders sanctions, such as seizing property or revoking a license.

Accepted Answer

A) True 
 B)False

Question 18

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

Accepted Answer

A)  remove commissioners for causes set forth by statute. 
B)  appoint and remove the chief administrator of those agencies. 
C)  impound moneys appropriated to the agency by Congress. 
D)  All of the above. 
A)  remove commissioners for causes set forth by statute. 
B)  appoint and remove the chief administrator of those agencies. 
C)  impound moneys appropriated to the agency by Congress. 
D)  All of the above.

Question 19

Agencies are required to submit most newly adopted agency rules to each house of Congress before the rules can take effect.

Accepted Answer

A) True 
 B)False

Question 20

An advantage of administrative agencies is that they:

Accepted Answer

A)  relieve legislatures from trying to create legislation that deals with every detail of a specific problem. 
B)  can be specialized bodies staffed by individuals with expertise in the regulated field. 
C)  can be concerned about compliance with constitutional mandates since they perform powers of all three branches of government. 
D)  All of these. 
A)  relieve legislatures from trying to create legislation that deals with every detail of a specific problem. 
B)  can be specialized bodies staffed by individuals with expertise in the regulated field. 
C)  can be concerned about compliance with constitutional mandates since they perform powers of all three branches of government. 
D)  All of these.

Exam 5: Administrative Law

If the decision of an ALJ is appealed to the governing body of the agency, the case may be decided de novo .

Administrative law judges are appointed by the President and confirmed by the Senate just as are judges in the U.S.District Court.

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

Federal agencies may not charge for providing records to a person requesting access to the agency's files.

An administrative agency's discretion to compel the disclosure of information is subject to any legal privileges to withhold such information.

The scope of administrative law has expanded greatly in the last fifty years.

What term refers to the entire set of activities in which an administrative agency engages?

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

A minor agency rule:

Only records specifically exempted by statute from disclosure are inaccessible under the FOIA.

Congress enacted the Administrative Procedure Act in 1964.

Explain what is considered a "major rule" and the effect of an administrative rule's being in this category.

Formal rulemaking differs from informal rulemaking in that with formal rulemaking:

Legislative rules may, in certain circumstances, exceed the authority granted to an agency by the enabling statute.

An administrative law judge for the Federal Trade Commission decides a case against a retail store chain.The company then appeals the decision to the commission itself.Which of the following is correct regarding the appeal of the case from the administrative law judge to the commission?

In exercising judicial review, when reviewing factual determinations, the court uses one of three different standards: arbitrary and capricious, substantial evidence, or unwarranted by the facts.

An agency may impose in its orders sanctions, such as seizing property or revoking a license.

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

Agencies are required to submit most newly adopted agency rules to each house of Congress before the rules can take effect.

An advantage of administrative agencies is that they:

Introduction to Law

Business Ethicspart Ii: the Legal Environment of Business

Civil Dispute Resolution

Constitutional Law

Criminal Law

Negligence and Strict Liabilitypart Iii: Contracts

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 Remediespart Iv: Sales

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remediespart V: Negotiable Instruments

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transferspart Vi: Agency

Relationship of Principal and Agent

Relationship With Third Partiespart Vii: Business Associations

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporationspart Viii: Debtor and Creditor Relations

Secured Transactions and Suretyship

Bankruptcypart Ix: Regulation of Business

Securities Regulation

Intellectual Property

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

International Business Lawpart X: Property

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

Interests in Real Property

Transfer and Control of Real Property

Trusts and Wills

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