Question 1

How many people sit on a jury for an administrative hearing?

Accepted Answer

A) 6 
B) 8 
C) 12 
D) 9 
E) None 
A) 6 
B) 8 
C) 12 
D) 9 
E) None E

Question 2

Administrative agencies have legislative and judicial,but not executive,powers.

Accepted Answer

A) True 
 B)False  False

Question 3

The United States Congress has the power to create,but not dissolve,an administrative agency.

Accepted Answer

A) True 
 B)False  False

Question 4

Agencies that have characteristics of both executive and independent agencies are known as ________ agencies.

Accepted Answer

A) omnibus 
B) hybrid 
C) collaborative 
D) joint 
E) dual purpose 
A) omnibus 
B) hybrid 
C) collaborative 
D) joint 
E) dual purpose

Question 5

List and describe the steps involved in formal rule making.

Accepted Answer

Notice of the proposed rule making is pu

Question 6

The United States Congress created the Interstate Commerce Commission (ICC)because it felt that a regulatory body could best control the anticompetitive conduct of what industry?

Accepted Answer

A) The oil industry 
B) The railroad industry 
C) The automobile industry 
D) The steel industry 
E) The construction industry 
A) The oil industry 
B) The railroad industry 
C) The automobile industry 
D) The steel industry 
E) The construction industry

Question 7

Today,administrative agencies:

Accepted Answer

A) Create more rules than Congress and the courts combined. 
B) Create more rules than Congress,but fewer rules than the courts. 
C) Create more rules than the courts,but fewer rules than Congress. 
D) Are subject to a temporary moratorium on rule making imposed by the United States Congress,pending a determination as to whether such authority violates the legislative authority of Congress. 
E) Are subject to a temporary moratorium on rule making imposed by the United States Supreme Court,pending a review by the Court regarding whether such authority is constitutional. 
A) Create more rules than Congress and the courts combined. 
B) Create more rules than Congress,but fewer rules than the courts. 
C) Create more rules than the courts,but fewer rules than Congress. 
D) Are subject to a temporary moratorium on rule making imposed by the United States Congress,pending a determination as to whether such authority violates the legislative authority of Congress. 
E) Are subject to a temporary moratorium on rule making imposed by the United States Supreme Court,pending a review by the Court regarding whether such authority is constitutional.

Question 8

Disappointed Applicant.Polly,who had a regular driver's license to operate an automobile,decided that she really wanted to drive a tractor-trailer truck.She thought that it would be nice to earn money while seeing the country.Polly had all applicable training and went to her state's department of motor vehicle office to take the test required in order to obtain a license to drive a tractor-trailer truck.While taking the test,in an effort to relieve stress,Polly was stretching her neck and looking around at the other nervous test takers.The proctor for the exam saw her and accused her of stretching and straining to look at the exam answers of other test takers.Her application to drive a tractor-trailer was denied.The local agency department head was also furious with Polly and proceeded to revoke her regular automobile driver's license as well.Applicable statutes provide as follows: (1)"the DMV may suspend or revoke the privilege of any person to operate a motor vehicle upon any of the grounds which authorize the refusal to issue a license"; (2)"the DMV may refuse to issue a license to any person who has 'committed any fraud in any application.'" Polly hears that you have just finished business law and asks for advice.She says that she had decided that she does not really want to drive a tractor-trailer truck because of her neck problems but that she really would like to have her license to operate a regular automobile reinstated.Assuming Polly seeks to appeal revocation of her license to drive an automobile through any available avenues,what is the most likely result?

Accepted Answer

A) The agency decision will be upheld so long as it is determined that the agency head reasonably thought she was cheating,even if she was not. 
B) The agency decision will be upheld so long as it is determined that substantial evidence supported the agency head's decision that she was cheating,even if she was not. 
C) The decision will be reversed because Polly has decided that she no longer wants a license to drive tractor-trailer trucks. 
D) The appeal will be dismissed because Polly had no right to a review of the agency head's decision. 
E) The revocation of her license to drive automobiles will be reversed because the agency had no authority to take that step. 
A) The agency decision will be upheld so long as it is determined that the agency head reasonably thought she was cheating,even if she was not. 
B) The agency decision will be upheld so long as it is determined that substantial evidence supported the agency head's decision that she was cheating,even if she was not. 
C) The decision will be reversed because Polly has decided that she no longer wants a license to drive tractor-trailer trucks. 
D) The appeal will be dismissed because Polly had no right to a review of the agency head's decision. 
E) The revocation of her license to drive automobiles will be reversed because the agency had no authority to take that step.

Question 9

New Agency.Debby just got a job as an assistant in a new federal agency called the Accounting Commission that was set up to regulate the accounting and auditing profession.The agency is headed by commissioners who serve for fixed terms and cannot be removed except for cause.Additionally,no more than a majority of the commissioners may be from the same political party.Her agency is getting ready to issue rules.The enabling legislation that set up the Accounting Commission specified that the agency could make rules but said nothing about the form of the rules.Debby's boss,Blaire,gave her some proposed rules and asked her to be sure that they were published and to take care of the next step in the approval process.Blaire also told her that at this point she was not very interested in hybrid rule making.Which of the following is the most likely type of rule making in which the Accounting Commission was involved?

Accepted Answer

A) Informal 
B) Formal 
C) Legislative 
D) Regulatory 
E) Procedural 
A) Informal 
B) Formal 
C) Legislative 
D) Regulatory 
E) Procedural

Question 10

Under the Privacy Act of 1974,a federal administrative agency may not disclose information about an individual to other agencies or organizations without that individual's written consent.

Accepted Answer

A) True 
 B)False

Question 11

The Environmental Protection Agency (EPA)is an example of a(n)________ agency.

Accepted Answer

A) independent 
B) executive 
C) dependent 
D) hybrid 
E) omnibus 
A) independent 
B) executive 
C) dependent 
D) hybrid 
E) omnibus

Question 12

A(n)________ rule is a rule that does not create any new rights or duties but is merely a detailed statement of an administrative agency's interpretation of an existing law.

Accepted Answer

A) quasi-judicial 
B) political affiliation 
C) foundational 
D) interpretative 
E) quasi-legislative 
A) quasi-judicial 
B) political affiliation 
C) foundational 
D) interpretative 
E) quasi-legislative

Question 13

Which of the following is a federal independent agency?

Accepted Answer

A) The Commodity Futures Trading Commission 
B) The Veterans Administration 
C) The Occupational Safety and Health Administration 
D) The International Development Corporation Agency 
E) The National Aeronautics and Space Administration 
A) The Commodity Futures Trading Commission 
B) The Veterans Administration 
C) The Occupational Safety and Health Administration 
D) The International Development Corporation Agency 
E) The National Aeronautics and Space Administration

Question 14

DUI Charge.Monique was licensed to train massage therapists.A new federal agency,the Aesthetic and Massage Commission,took very seriously its role of enforcing the statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith,incompetence,dishonesty,or improper dealing." Monique,while driving home late one night from a party,was stopped by the police and arrested for driving under the influence of alcohol.She pled guilty to the offense.When the Aesthetic and Massage Commission discovered the offense,the officials of the agency met,decided that Monique might drink on the job,and that she might pose a danger to students.Accordingly,her license to teach massage therapy was revoked.Monique threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because of the nature of the Aesthetic and Massage Commission; and that,in any event,action by an agency is always upheld.Which of the following is true regarding the statement of the agency that Monique had no right to appeal to court?

Accepted Answer

A) The agency representative was wrong; and if Monique cannot resolve the issue within the agency,she may appeal to court for judicial review. 
B) Because the agency was set up to protect the safety of the public,the agency representative is correct unless Monique can establish that she entered into a separate contractual arrangement with the agency when she was hired that gave her the right to appeal decisions to court. 
C) Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an independent agency may be appealed to court,actions of an executive agency may not be appealed to court. 
D) Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an executive agency may be appealed to court,actions of an independent agency may not be appealed to court. 
E) Because the agency was set up to protect the safety of the public,the agency representative is correct; and Monique has no right to a court action and no right to enter into a contractual agreement with the agency regarding appeal rights. 
A) The agency representative was wrong; and if Monique cannot resolve the issue within the agency,she may appeal to court for judicial review. 
B) Because the agency was set up to protect the safety of the public,the agency representative is correct unless Monique can establish that she entered into a separate contractual arrangement with the agency when she was hired that gave her the right to appeal decisions to court. 
C) Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an independent agency may be appealed to court,actions of an executive agency may not be appealed to court. 
D) Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an executive agency may be appealed to court,actions of an independent agency may not be appealed to court. 
E) Because the agency was set up to protect the safety of the public,the agency representative is correct; and Monique has no right to a court action and no right to enter into a contractual agreement with the agency regarding appeal rights.

Question 15

Four Paws Protection.The United States Congress created a new agency to more closely regulate testing of personal and cosmetic products on animals.Legislation was enacted naming the agency the "Animal Protection Commission" and setting forth the function of the agency and its specific powers.Congress provided the agency with the power to make rules,investigate violations,and adjudicate charges of wrongdoing.The agency proceeded to properly give notice and issue rules.The rules provided for civil as well as for criminal penalties.Agency personnel issued an order for Fluffy Shampoo Corporation to attend a hearing regarding its animal testing and to bring to the hearing all company documents pertaining to animal testing.Fluffy Shampoo resisted on the basis that the agency had no power to compel its attendance at a hearing or to require it to provide any documents.Fluffy Shampoo also claimed that criminal penalties may not flow from violation of agency rules.The agency proceeded to issue a ruling that Fluffy Shampoo cease all activity based upon its refusal to cooperate.Which of the following is true regarding the claim of Fluffy Shampoo that criminal penalties may not result from violation of agency rules?

Accepted Answer

A) Fluffy Shampoo is correct. 
B) Fluffy Shampoo is incorrect,but any criminal penalties may not exceed a fine of $1,000. 
C) Fluffy Shampoo is incorrect,but any criminal penalties may not exceed a fine of $10,000. 
D) Fluffy Shampoo is incorrect regarding its claim that all agencies lack the authority to institute a criminal penalty,but correct in that the Animal Protection Commission cannot enforce a criminal penalty because an agency can only enforce a criminal penalty if human health or national security is involved. 
E) Fluffy Shampoo is incorrect,and criminal penalties may be imposed assuming statutory authority exists for the agency to do so. 
A) Fluffy Shampoo is correct. 
B) Fluffy Shampoo is incorrect,but any criminal penalties may not exceed a fine of $1,000. 
C) Fluffy Shampoo is incorrect,but any criminal penalties may not exceed a fine of $10,000. 
D) Fluffy Shampoo is incorrect regarding its claim that all agencies lack the authority to institute a criminal penalty,but correct in that the Animal Protection Commission cannot enforce a criminal penalty because an agency can only enforce a criminal penalty if human health or national security is involved. 
E) Fluffy Shampoo is incorrect,and criminal penalties may be imposed assuming statutory authority exists for the agency to do so.

Question 16

Disappointed Applicant.Polly,who had a regular driver's license to operate an automobile,decided that she really wanted to drive a tractor-trailer truck.She thought that it would be nice to earn money while seeing the country.Polly had all applicable training and went to her state's department of motor vehicle office to take the test required in order to obtain a license to drive a tractor-trailer truck.While taking the test,in an effort to relieve stress,Polly was stretching her neck and looking around at the other nervous test takers.The proctor for the exam saw her and accused her of stretching and straining to look at the exam answers of other test takers.Her application to drive a tractor-trailer was denied.The local agency department head was also furious with Polly and proceeded to revoke her regular automobile driver's license as well.Applicable statutes provide as follows: (1)"the DMV may suspend or revoke the privilege of any person to operate a motor vehicle upon any of the grounds which authorize the refusal to issue a license"; (2)"the DMV may refuse to issue a license to any person who has 'committed any fraud in any application.'" Polly hears that you have just finished business law and asks for advice.She says that she had decided that she does not really want to drive a tractor-trailer truck because of her neck problems but that she really would like to have her license to operate a regular automobile reinstated.The statutes setting forth the authority of the agency are called ________ statutes.

Accepted Answer

A) enabling 
B) authorization 
C) enforcement 
D) dedicated 
E) final 
A) enabling 
B) authorization 
C) enforcement 
D) dedicated 
E) final

Question 17

Executive agencies are referred to as which of the following?

Accepted Answer

A) Judicial-level agencies 
B) Adjudicative agencies 
C) Cabinet-level agencies 
D) Independent agencies 
E) Legislative-parity agencies 
A) Judicial-level agencies 
B) Adjudicative agencies 
C) Cabinet-level agencies 
D) Independent agencies 
E) Legislative-parity agencies

Question 18

The Administrative Agency Recorder is the official daily publication for administrative agencies.

Accepted Answer

A) True 
 B)False

Question 19

Which of the following is a federal executive agency?

Accepted Answer

A) The National Science Foundation 
B) The Equal Employment Opportunity Commission 
C) The Nuclear Regulatory Commission 
D) The National Labor Relations Board 
E) The Federal Communications Commission 
A) The National Science Foundation 
B) The Equal Employment Opportunity Commission 
C) The Nuclear Regulatory Commission 
D) The National Labor Relations Board 
E) The Federal Communications Commission

Question 20

DUI Charge.Monique was licensed to train massage therapists.A new federal agency,the Aesthetic and Massage Commission,took very seriously its role of enforcing the statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith,incompetence,dishonesty,or improper dealing." Monique,while driving home late one night from a party,was stopped by the police and arrested for driving under the influence of alcohol.She pled guilty to the offense.When the Aesthetic and Massage Commission discovered the offense,the officials of the agency met,decided that Monique might drink on the job,and that she might pose a danger to students.Accordingly,her license to teach massage therapy was revoked.Monique threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because of the nature of the Aesthetic and Massage Commission; and that,in any event,action by an agency is always upheld.Which of the following is true regarding the statement by the agency that assuming an appeal to court is available,agency action is always upheld?

Accepted Answer

A) The agency representative is essentially correct because agency decisions are upheld in over 99% of the cases and may only be overturned if fraud on the part of the agency is proven. 
B) The agency representative is incorrect because agency decisions are usually struck down unless they are supported by clear and convincing evidence. 
C) The agency representative is incorrect because agency decisions are usually struck down unless it can be established that an appeal of an agency decision is frivolous and without reason. 
D) The agency representative is incorrect because agency decisions are struck down in approximately 50% of the cases on appeal. 
E) The agency representative is incorrect because while agency actions are usually upheld,they may be struck down if the agency,for example,exceeded its power. 
A) The agency representative is essentially correct because agency decisions are upheld in over 99% of the cases and may only be overturned if fraud on the part of the agency is proven. 
B) The agency representative is incorrect because agency decisions are usually struck down unless they are supported by clear and convincing evidence. 
C) The agency representative is incorrect because agency decisions are usually struck down unless it can be established that an appeal of an agency decision is frivolous and without reason. 
D) The agency representative is incorrect because agency decisions are struck down in approximately 50% of the cases on appeal. 
E) The agency representative is incorrect because while agency actions are usually upheld,they may be struck down if the agency,for example,exceeded its power.

How many people sit on a jury for an administrative hearing?

Administrative agencies have legislative and judicial,but not executive,powers.

The United States Congress has the power to create,but not dissolve,an administrative agency.

Agencies that have characteristics of both executive and independent agencies are known as ________ agencies.

List and describe the steps involved in formal rule making.

The United States Congress created the Interstate Commerce Commission (ICC)because it felt that a regulatory body could best control the anticompetitive conduct of what industry?

Today,administrative agencies:

Under the Privacy Act of 1974,a federal administrative agency may not disclose information about an individual to other agencies or organizations without that individual's written consent.

The Environmental Protection Agency (EPA)is an example of a(n)________ agency.

A(n)________ rule is a rule that does not create any new rights or duties but is merely a detailed statement of an administrative agency's interpretation of an existing law.

Which of the following is a federal independent agency?

Executive agencies are referred to as which of the following?

The Administrative Agency Recorder is the official daily publication for administrative agencies.

Which of the following is a federal executive agency?

An Introduction to the Fundamentals of Dynamic Business Law

Business Ethics and Social Responsibility

The Uslegal System and Alternative Dispute Resolution

Constitutional Law

Criminal Law and Business

Tort Law

Real, Personal, and Intellectual Property

Introduction to Contracts and Agreement

Consideration

Capacity and Legality

Reality of Assent

Contracts in Writing and Third-Party Contracts

Discharge and Remedies

Formation and Performance of Sales and Lease Contracts

Sales and Lease Contracts: Performance, Warranties, and Remedies

Negotiable Instruments: Negotiability and Transferability

Holder in Due Course, Liability, and Defenses

Secured Transactions and Bankruptcy

Agency and Liability to Third Parties

Forms of Business Organization

Corporations: Formation and Organization

Securities Regulation

Employment and Discrimination Law

Consumer Law

Filters

Exam 4: Administrative Law

How many people sit on a jury for an administrative hearing?

Administrative agencies have legislative and judicial,but not executive,powers.

The United States Congress has the power to create,but not dissolve,an administrative agency.

Agencies that have characteristics of both executive and independent agencies are known as ________ agencies.

List and describe the steps involved in formal rule making.

The United States Congress created the Interstate Commerce Commission (ICC)because it felt that a regulatory body could best control the anticompetitive conduct of what industry?

Today,administrative agencies:

Under the Privacy Act of 1974,a federal administrative agency may not disclose information about an individual to other agencies or organizations without that individual's written consent.

The Environmental Protection Agency (EPA)is an example of a(n)________ agency.

A(n)________ rule is a rule that does not create any new rights or duties but is merely a detailed statement of an administrative agency's interpretation of an existing law.

Which of the following is a federal independent agency?

Executive agencies are referred to as which of the following?

The Administrative Agency Recorder is the official daily publication for administrative agencies.

Which of the following is a federal executive agency?

An Introduction to the Fundamentals of Dynamic Business Law

Business Ethics and Social Responsibility

The Uslegal System and Alternative Dispute Resolution

Constitutional Law

Criminal Law and Business

Tort Law

Real, Personal, and Intellectual Property

Introduction to Contracts and Agreement

Consideration

Capacity and Legality

Reality of Assent

Contracts in Writing and Third-Party Contracts

Discharge and Remedies

Formation and Performance of Sales and Lease Contracts

Sales and Lease Contracts: Performance, Warranties, and Remedies

Negotiable Instruments: Negotiability and Transferability

Holder in Due Course, Liability, and Defenses

Secured Transactions and Bankruptcy

Agency and Liability to Third Parties

Forms of Business Organization

Corporations: Formation and Organization

Securities Regulation

Employment and Discrimination Law

Consumer Law

Filters