Question 1

The Freedom of Information Act and the Government in the Sunshine Act are different names for the same statute.

Accepted Answer

A) True 
 B)False  False

Question 2

Which of the following is characteristic of an executive administrative agency?

Accepted Answer

A)  It has complete independence from the president. 
B)  It deals only with executives of major corporations. 
C)  It is housed within the executive branch of the government. 
D)  It has complete independence from Congress. 
A)  It has complete independence from the president. 
B)  It deals only with executives of major corporations. 
C)  It is housed within the executive branch of the government. 
D)  It has complete independence from Congress. C

Question 3

The Sunshine Act allows for closed meetings if they concern agency participation in pending or anticipated litigation.

Accepted Answer

A) True 
 B)False  True

Question 4

Interpretative rules of administrative agencies are automatically binding on the private parties the agency regulates.

Accepted Answer

A) True 
 B)False

Question 5

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 6

Administrative hearings are held before a jury, just as are court hearings.

Accepted Answer

A) True 
 B)False

Question 7

Only documentary evidence may be admitted at an administrative hearing.

Accepted Answer

A) True 
 B)False

Question 8

Under the informal rulemaking procedures of the APA, an agency must provide notice of a proposed rule only if there is a good cause.

Accepted Answer

A) True 
 B)False

Question 9

Agencies create more legal rules and adjudicate more controversies than all the nation's legislatures and courts combined.

Accepted Answer

A) True 
 B)False

Question 10

How are ALJs selected?

Accepted Answer

A)  They are appointed by the president and then confirmed by Congress. 
B)  They are elected by Congress. 
C)  They are appointed by the president without confirmation by Congress. 
D)  They are appointed by the agency through a professional merit selection system. 
A)  They are appointed by the president and then confirmed by Congress. 
B)  They are elected by Congress. 
C)  They are appointed by the president without confirmation by Congress. 
D)  They are appointed by the agency through a professional merit selection system.

Question 11

What is required by the substantial evidence test?

Accepted Answer

A)  The conclusions reached must be supported by such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. 
B)  It requires the court to try the facts de novo . 
C)  It requires only that the agency had a rational basis for reaching its decision. 
D)  It requires proof beyond a reasonable doubt. 
A)  The conclusions reached must be supported by such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. 
B)  It requires the court to try the facts de novo . 
C)  It requires only that the agency had a rational basis for reaching its decision. 
D)  It requires proof beyond a reasonable doubt.

Question 12

All ALJ decisions must include a statement of findings of fact and conclusions of law and the reasons or basis for them, as well as a statement of the appropriate relief.

Accepted Answer

A) True 
 B)False

Question 13

Administrative agencies operate only at the federal level.

Accepted Answer

A) True 
 B)False

Question 14

Under the Administrative Procedure Act (APA), most legislative rules are issued in accordance with the informal rulemaking procedures.

Accepted Answer

A) True 
 B)False

Question 15

A statute may preclude judicial review of an agency action.

Accepted Answer

A) True 
 B)False

Question 16

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 17

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 18

The legislature may exercise control of administrative agencies in various ways. These are:

Accepted Answer

A)  through adjudicating cases brought against the agancies. 
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. 
A)  through adjudicating cases brought against the agancies. 
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.

Question 19

An important and fundamental part of administrative law is the limits imposed by judicial review upon the activities of administrative agencies.

Accepted Answer

A) True 
 B)False

Question 20

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.

Exam 5: Administrative Law

The Freedom of Information Act and the Government in the Sunshine Act are different names for the same statute.

Which of the following is characteristic of an executive administrative agency?

The Sunshine Act allows for closed meetings if they concern agency participation in pending or anticipated litigation.

Interpretative rules of administrative agencies are automatically binding on the private parties the agency regulates.

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

Administrative hearings are held before a jury, just as are court hearings.

Only documentary evidence may be admitted at an administrative hearing.

Under the informal rulemaking procedures of the APA, an agency must provide notice of a proposed rule only if there is a good cause.

Agencies create more legal rules and adjudicate more controversies than all the nation's legislatures and courts combined.

How are ALJs selected?

What is required by the substantial evidence test?

All ALJ decisions must include a statement of findings of fact and conclusions of law and the reasons or basis for them, as well as a statement of the appropriate relief.

Administrative agencies operate only at the federal level.

Under the Administrative Procedure Act (APA), most legislative rules are issued in accordance with the informal rulemaking procedures.

A statute may preclude judicial review of an agency action.

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

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?

The legislature may exercise control of administrative agencies in various ways. These are:

An important and fundamental part of administrative law is the limits imposed by judicial review upon the activities of administrative agencies.

A minor agency rule:

Introduction to Law

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