Question 1

Appointees at the federal level in administrative agencies are not permitted to engage in any other business or employment during their terms.

Accepted Answer

A) True 
 B)False

Question 2

The ______ function of an administrative agency may be accomplished by making reports to the president or to Congress.

Accepted Answer

A)  investigating 
B)  adjudicating 
C)  advisory 
D)  rule-making 
E)  prosecuting 
A)  investigating 
B)  adjudicating 
C)  advisory 
D)  rule-making 
E)  prosecuting

Question 3

At the federal level,administrative agencies are not required to publish guidelines and rules in their proposed and final versions.

Accepted Answer

A) True 
 B)False

Question 4

Which of the following statements is true of reviewability of an administrative agency's decision?

Accepted Answer

A)  Reviewability of an administrative agency's decision is mandatory as all such decisions are reviewable. 
B)  The action of the agency is irrelevant in determining the reviewability of an administrative agency's decision. 
C)  The Federal Administrative Procedure Act excludes judicial review of decisions where the statutes preclude judicial review. 
D)  The Federal Administrative Procedure Act permits reviewability except in cases where agency action is committed to agency discretion by law. 
E)  Reviewability of an administrative agency's decision is necessary as preclusion of judicial review by inference is very common. 
A)  Reviewability of an administrative agency's decision is mandatory as all such decisions are reviewable. 
B)  The action of the agency is irrelevant in determining the reviewability of an administrative agency's decision. 
C)  The Federal Administrative Procedure Act excludes judicial review of decisions where the statutes preclude judicial review. 
D)  The Federal Administrative Procedure Act permits reviewability except in cases where agency action is committed to agency discretion by law. 
E)  Reviewability of an administrative agency's decision is necessary as preclusion of judicial review by inference is very common.

Question 5

Which of the following is a criticism of the administrative process relating specifically to procedures?

Accepted Answer

A)  The administrative process is devoid of paperwork and meetings. 
B)  There is too much reinforcement to follow up on actions to ensure compliance. 
C)  The Peter Principle creates a huge problem in determining the flow of procedures across all levels in the agencies. 
D)  The rules and regulations of the procedures are written in complex legal language, which laypeople cannot understand. 
E)  The decision-making process of organizations is speedy thus creating suspicion among the efficacy of those decisions. 
A)  The administrative process is devoid of paperwork and meetings. 
B)  There is too much reinforcement to follow up on actions to ensure compliance. 
C)  The Peter Principle creates a huge problem in determining the flow of procedures across all levels in the agencies. 
D)  The rules and regulations of the procedures are written in complex legal language, which laypeople cannot understand. 
E)  The decision-making process of organizations is speedy thus creating suspicion among the efficacy of those decisions.

Question 6

Which of the following federal agencies conducts union certification elections and holds hearings on unfair labor practice complaints?

Accepted Answer

A)  the National Labor Relations Board (NLR
B)  
B)  the Equal Employment Opportunity Commission (EEO
C)  
C)  the Occupational Safety and Health Administration (OSH
A)  
D)  the Federal Reserve Board (FR
B)  
E)  the American Federation of Labor and Congress of Industrial Organizations 
A)  the National Labor Relations Board (NLR
B)  
B)  the Equal Employment Opportunity Commission (EEO
C)  
C)  the Occupational Safety and Health Administration (OSH
A)  
D)  the Federal Reserve Board (FR
B)  
E)  the American Federation of Labor and Congress of Industrial Organizations

Question 7

Which of the following statements is true of primary jurisdiction?

Accepted Answer

A)  It applies when a claim must go in the first instance to an administrative agency. 
B)  It ensures uniformity and consistency in dealing with matters entrusted to an administrative body. 
C)  It is inapplicable in cases whenever enforcement of a claim requires the resolution of issues that have been placed within the special competence of an administrative body. 
D)  It is a court-created rule that limits when courts can review administrative decisions. 
E)  It is revoked in cases where a claim is originally filed in the courts. 
A)  It applies when a claim must go in the first instance to an administrative agency. 
B)  It ensures uniformity and consistency in dealing with matters entrusted to an administrative body. 
C)  It is inapplicable in cases whenever enforcement of a claim requires the resolution of issues that have been placed within the special competence of an administrative body. 
D)  It is a court-created rule that limits when courts can review administrative decisions. 
E)  It is revoked in cases where a claim is originally filed in the courts.

Question 8

The procedures developed by administrative agencies are less formal than judicial procedures.

Accepted Answer

A) True 
 B)False

Question 9

A(n)______ is designated as such at the time of nomination by the president and is the presiding officer at agency meetings.

Accepted Answer

A)  secretary 
B)  advisory council 
C)  general counsel 
D)  chairperson 
E)  executive director 
A)  secretary 
B)  advisory council 
C)  general counsel 
D)  chairperson 
E)  executive director

Question 10

Which of the following functions allows an agency to gather and compile information concerning the organization and business practices of any corporation or industry engaged in commerce to determine whether there has been a violation of any law?

Accepted Answer

A)  adjudicating 
B)  advising 
C)  rule making 
D)  investigating 
E)  policy making 
A)  adjudicating 
B)  advising 
C)  rule making 
D)  investigating 
E)  policy making

Question 11

The ______ power of administrative agencies is primarily to investigate,prosecute,advise,and supervise.

Accepted Answer

A)  executive 
B)  judicial 
C)  legislative 
D)  arbitrary 
E)  preliminary 
A)  executive 
B)  judicial 
C)  legislative 
D)  arbitrary 
E)  preliminary

Question 12

Which of the following is an order that an agency imposes on a violator to stop an objectionable activity and refrain the violator from any further violations?

Accepted Answer

A)  consent order 
B)  cease and desist order 
C)  preliminary order 
D)  commission order 
E)  assignment order 
A)  consent order 
B)  cease and desist order 
C)  preliminary order 
D)  commission order 
E)  assignment order

Question 13

Explain advising as a function of administrative agencies.

Accepted Answer

The advisory function of an administrati

Question 14

What are administrative agencies? What are the two types of administrative agencies?

Accepted Answer

The term administrative agencies describ

Question 15

Which of the following statements is true of delegation of quasi-legislative authority to administrative agencies?

Accepted Answer

A)  The delegation of authority should be general and unlimited to ensure smooth running of the administrative processes. 
B)  The delegation of authority to an agency must provide that the agency's power to act is limited to areas that are certain. 
C)  The delegation of authority should contain broad language to avoid confusion in the performance of an action. 
D)  The delegation of authority involves grant of substantial discretion to the judiciary. 
E)  The delegation of authority allows courts to interfere with the discretion given to the agency and can substitute their judgment for that of the agency. 
A)  The delegation of authority should be general and unlimited to ensure smooth running of the administrative processes. 
B)  The delegation of authority to an agency must provide that the agency's power to act is limited to areas that are certain. 
C)  The delegation of authority should contain broad language to avoid confusion in the performance of an action. 
D)  The delegation of authority involves grant of substantial discretion to the judiciary. 
E)  The delegation of authority allows courts to interfere with the discretion given to the agency and can substitute their judgment for that of the agency.

Question 16

The doctrine of "exhaustion of remedies" comes into play whenever enforcement of the claim requires the resolution of issues that,under a regulatory scheme,have been placed within the special competence of an administrative body.

Accepted Answer

A) True 
 B)False

Question 17

What are the criticisms of an administrative process relating to substance?

Accepted Answer

There are so many agencies making rules

Question 18

Explain the issue of reviewability during the judicial review of an administrative agency's decision.

Accepted Answer

To establish standing to sue,the challen

Question 19

Regulation is a form of taxation.Explain.

Accepted Answer

Regulation is a form of taxation.It dire

Question 20

The Securities and Exchange Commission (SEC)primarily functions as a(n)______ body,which oversees the issue and sale of investment securities.

Accepted Answer

A)  rule-making 
B)  supervising 
C)  adjudicating 
D)  investigating 
E)  emergency 
A)  rule-making 
B)  supervising 
C)  adjudicating 
D)  investigating 
E)  emergency

Exam 15: The Regulatory Process

Appointees at the federal level in administrative agencies are not permitted to engage in any other business or employment during their terms.

The ______ function of an administrative agency may be accomplished by making reports to the president or to Congress.

At the federal level,administrative agencies are not required to publish guidelines and rules in their proposed and final versions.

Which of the following statements is true of reviewability of an administrative agency's decision?

Which of the following is a criticism of the administrative process relating specifically to procedures?

Which of the following federal agencies conducts union certification elections and holds hearings on unfair labor practice complaints?

Which of the following statements is true of primary jurisdiction?

The procedures developed by administrative agencies are less formal than judicial procedures.

A(n)______ is designated as such at the time of nomination by the president and is the presiding officer at agency meetings.

Which of the following functions allows an agency to gather and compile information concerning the organization and business practices of any corporation or industry engaged in commerce to determine whether there has been a violation of any law?

The ______ power of administrative agencies is primarily to investigate,prosecute,advise,and supervise.

Which of the following is an order that an agency imposes on a violator to stop an objectionable activity and refrain the violator from any further violations?

Explain advising as a function of administrative agencies.

What are administrative agencies? What are the two types of administrative agencies?

Which of the following statements is true of delegation of quasi-legislative authority to administrative agencies?

The doctrine of "exhaustion of remedies" comes into play whenever enforcement of the claim requires the resolution of issues that,under a regulatory scheme,have been placed within the special competence of an administrative body.

What are the criticisms of an administrative process relating to substance?

Explain the issue of reviewability during the judicial review of an administrative agency's decision.

Regulation is a form of taxation.Explain.

The Securities and Exchange Commission (SEC)primarily functions as a(n)______ body,which oversees the issue and sale of investment securities.

Law As a Foundation for Business

The Role of Ethics in Decision Making

The Court System

Litigation

Alternative Dispute Resolution

The Constitution

The Property System

Contract Formation

Contractual Performance and Breach

Torts Affecting Business

Intellectual Property

International Law

Criminal Law and Business

Business Organizations

Regulating Competitionantitrust Laws

Financial and Securities Regulations

Regulations Protecting Consumer Purchases, privacy, and Financial Activities

Environmental Regulation

Discrimination in Employment

Employment Laws

Labormanagement Relationship

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