Question 1

By delegating some of its authority to make and implement laws,Congress violates the U.S.Constitution.

Accepted Answer

A) True 
 B)False

Question 2

The Merit Systems Protection Board issues a rule.Like other administrative agencies' "legislative rules," this rule is as

Accepted Answer

A) binding as a law passed by Congress. 
B) persuasive as an expert's opinion. 
C) suggestive as a newspaper's editorial. 
D) unenforceable as a salesperson's puffery. 
A) binding as a law passed by Congress. 
B) persuasive as an expert's opinion. 
C) suggestive as a newspaper's editorial. 
D) unenforceable as a salesperson's puffery.

Question 3

Federal executive agencies are outside the federal executive departments.

Accepted Answer

A) True 
 B)False

Question 4

Often,an administrative agency enforces it own rules.

Accepted Answer

A) True 
 B)False

Question 5

Pure Water Company is subject to a decision by the Environmental Protection Agency.Pure Water appeals the decision,arguing that it is arbitrary and capricious.This could mean that the decision

Accepted Answer

A) changed the agency's prior policy without justification. 
B) followed a consideration of all relevant factors. 
C) was accompanied by a rational explanation. 
D) was plainly warranted by the evidence. 
A) changed the agency's prior policy without justification. 
B) followed a consideration of all relevant factors. 
C) was accompanied by a rational explanation. 
D) was plainly warranted by the evidence.

Question 6

The Nuclear Regulatory Commission (NRC)files a complaint against General Construction Corporation (GCC).GCC may want to settle the dispute,before formal adjudicatory proceedings begin,to avoid

Accepted Answer

A) appearing uncooperative. 
B) eliminating the need for additional proceedings. 
C) rectifying the problem to the NRC's satisfaction. 
D) saving the expense of formal proceedings and later appeals. 
A) appearing uncooperative. 
B) eliminating the need for additional proceedings. 
C) rectifying the problem to the NRC's satisfaction. 
D) saving the expense of formal proceedings and later appeals.

Question 7

An agency must conduct a regulatory flexibility analysis whenever a new regulation will have an impact on a "small number of substantial entities."

Accepted Answer

A) True 
 B)False

Question 8

If a business firm refuses to comply with an agency's request to inspect facilities or business records,the agency must defer to the refusal.

Accepted Answer

A) True 
 B)False

Question 9

State regulation,when not preempted,may cover many of the same activities as federal regulation.

Accepted Answer

A) True 
 B)False

Question 10

Only experts can submit comments on a proposed administrative rule.

Accepted Answer

A) True 
 B)False

Question 11

All federal government agencies must make their records available electronically on the Internet.

Accepted Answer

A) True 
 B)False

Question 12

To notify the public of a proposed rule,the Food Safety and Inspection Service,like other federal agencies,publishes the proposal in

Accepted Answer

A) the news media. 
B) a trade journal available to members of the industry. 
C) the Federal Register. 
D) an office memo that employees are free to take home. 
A) the news media. 
B) a trade journal available to members of the industry. 
C) the Federal Register. 
D) an office memo that employees are free to take home.

Question 13

The federal government must disclose certain records to any person or entity on written request only if there is a rational reason for the request.

Accepted Answer

A) True 
 B)False

Question 14

The Food and Drug Administration (FDA)is investigating reports that Caplets Pharmaceutical Corporation is putting potentially harmful additives in Doze,a new pain-relief medication.The FDA's demands for particular documents from Caplets

Accepted Answer

A) must be specific and adequately describe the material being sought. 
B) must be non-specific so an incriminating item is not overlooked. 
C) must be general so as to force an uncooperative party's compliance. 
D) may,but need not,be specific because the FDA is a federal agency. 
A) must be specific and adequately describe the material being sought. 
B) must be non-specific so an incriminating item is not overlooked. 
C) must be general so as to force an uncooperative party's compliance. 
D) may,but need not,be specific because the FDA is a federal agency.

Question 15

Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission.Opposed to the decision,Plastix Produx wants a court to review it.First,however,the firm must use all of the potential administrative remedies.This is

Accepted Answer

A) an actual controversy at issue. 
B) standing to sue. 
C) the exhaustion doctrine. 
D) the ripeness doctrine. 
A) an actual controversy at issue. 
B) standing to sue. 
C) the exhaustion doctrine. 
D) the ripeness doctrine.

Question 16

There is a precise definition of what makes an administrative rule arbitrary and capricious.

Accepted Answer

A) True 
 B)False

Question 17

Like statutory law,administrative law is created by legislatures.

Accepted Answer

A) True 
 B)False

Question 18

An administrative agency can issue a guidance document to advise the public on the agency's legal and policy position.

Accepted Answer

A) True 
 B)False

Question 19

Frequently,disputes over violations of administrative rules are resolved through informal adjudication proceedings.

Accepted Answer

A) True 
 B)False

Question 20

Final administrative rules have binding legal effect unless the courts later overturn them.

Accepted Answer

A) True 
 B)False

Exam 19: Powers and Functions of Administrative Agencies

By delegating some of its authority to make and implement laws,Congress violates the U.S.Constitution.

The Merit Systems Protection Board issues a rule.Like other administrative agencies' "legislative rules," this rule is as

Federal executive agencies are outside the federal executive departments.

Often,an administrative agency enforces it own rules.

Pure Water Company is subject to a decision by the Environmental Protection Agency.Pure Water appeals the decision,arguing that it is arbitrary and capricious.This could mean that the decision

The Nuclear Regulatory Commission (NRC)files a complaint against General Construction Corporation (GCC).GCC may want to settle the dispute,before formal adjudicatory proceedings begin,to avoid

An agency must conduct a regulatory flexibility analysis whenever a new regulation will have an impact on a "small number of substantial entities."

If a business firm refuses to comply with an agency's request to inspect facilities or business records,the agency must defer to the refusal.

State regulation,when not preempted,may cover many of the same activities as federal regulation.

Only experts can submit comments on a proposed administrative rule.

All federal government agencies must make their records available electronically on the Internet.

To notify the public of a proposed rule,the Food Safety and Inspection Service,like other federal agencies,publishes the proposal in

The federal government must disclose certain records to any person or entity on written request only if there is a rational reason for the request.

The Food and Drug Administration (FDA)is investigating reports that Caplets Pharmaceutical Corporation is putting potentially harmful additives in Doze,a new pain-relief medication.The FDA's demands for particular documents from Caplets

Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission.Opposed to the decision,Plastix Produx wants a court to review it.First,however,the firm must use all of the potential administrative remedies.This is

There is a precise definition of what makes an administrative rule arbitrary and capricious.

Like statutory law,administrative law is created by legislatures.

An administrative agency can issue a guidance document to advise the public on the agency's legal and policy position.

Frequently,disputes over violations of administrative rules are resolved through informal adjudication proceedings.

Final administrative rules have binding legal effect unless the courts later overturn them.

Business and Its Legal Environment

A: Online Developments:

Ethics and Business Decision Making

Courts and Alternative Dispute Resolution

Constitutional Authority to Regulate Business

Torts,cyber Torts,and Strict Liabiity

Criminal Law and Cyber Crime

International Law in a Global Economy

Intellectual Property and Internet Law

A: Online Developments:

Formation in Traditional and E-Contracts

Contract Performance,breach,and Remedies

Sales,leases,and Product Liability

Creditor-Debtor Relations and Bankruptcy

Mortgages Foreclosures After the Recession

Small Business Organizations

A: Landmark in the Legal Environment:

Corporations

Agency

Employment,immigration,and Labor Law

Employment Discrimination

Consumer Protection

Protecting the Environment

Real Property and Land-Use Control

Antitrust Law and Promoting Competition

Investor Protection and Corporate Governance

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