Question 1

A court will interpret a rule as requiring formal rule making,if a statute is drafted in a manner that is ambiguous with respect to the type of agency rule making required.

Accepted Answer

A) True 
 B)False  False

Question 2

Which of the following is not a basic limit on agency power?

Accepted Answer

A) Judicial 
B) Statutory 
C) Political 
D) Approved 
E) Informational 
A) Judicial 
B) Statutory 
C) Political 
D) Approved 
E) Informational D

Question 3

Agencies are classified as either or .

Accepted Answer

A) Legislative;executive 
B) Judicial;independent 
C) Executive;independent 
D) Legislative;independent 
E) Judicial;executive 
A) Legislative;executive 
B) Judicial;independent 
C) Executive;independent 
D) Legislative;independent 
E) Judicial;executive C

Question 4

________ grant agencies executive power to investigate potential violations of rules or statutes.

Accepted Answer

A) Interpreting rules 
B) Rule making legislation 
C) Enabling statutes 
D) Empowering statutes 
E) Investigative authority 
A) Interpreting rules 
B) Rule making legislation 
C) Enabling statutes 
D) Empowering statutes 
E) Investigative authority

Question 5

________ is not an exemption under which agencies may decide whether public participation will be allowed in rule-making proceedings.

Accepted Answer

A) Rule making with regard to agency contracts 
B) Rule-making proceedings with regard to military or foreign affairs 
C) Rule making with regard to agency management or personnel 
D) Rule making with regard to agency property 
E) Rule-making proceedings with regard to complaints about the agency 
A) Rule making with regard to agency contracts 
B) Rule-making proceedings with regard to military or foreign affairs 
C) Rule making with regard to agency management or personnel 
D) Rule making with regard to agency property 
E) Rule-making proceedings with regard to complaints about the agency

Question 6

Which of the following terms refers to the type of evidence required by a court to support an agency's fact finding?

Accepted Answer

A) Substantial evidence 
B) Circumstantial evidence 
C) Testimonial evidence 
D) Direct evidence 
E) Statistical evidence 
A) Substantial evidence 
B) Circumstantial evidence 
C) Testimonial evidence 
D) Direct evidence 
E) Statistical evidence

Question 7

________ are general statements about directions in which an agency intends to proceed with respect to its rule-making or enforcement activities.

Accepted Answer

A) Policy statements 
B) Warning notices 
C) Interpretive statements 
D) Review statements 
E) Planning notices 
A) Policy statements 
B) Warning notices 
C) Interpretive statements 
D) Review statements 
E) Planning notices

Question 8

The federal Freedom of Information Act applies to ________.

Accepted Answer

A) The executive staff of the White House 
B) Congress 
C) State or local governments 
D) The federal courts 
E) The Internal Revenue Service 
A) The executive staff of the White House 
B) Congress 
C) State or local governments 
D) The federal courts 
E) The Internal Revenue Service

Question 9

________ rules are rules regarding the internal operations of an agency.

Accepted Answer

A) Procedural 
B) Interpretive 
C) Adjudicative 
D) Legislative 
E) Executive 
A) Procedural 
B) Interpretive 
C) Adjudicative 
D) Legislative 
E) Executive

Question 10

What option does a party have if he or she does not appeal the ALJ's initial order within the allowed timeframe?

Accepted Answer

A) The party can refile the claim in the trial court. 
B) The party can initiate mediation. 
C) There are no options and the initial order becomes a final order. 
D) The party can refile the claim with the agency and have it decided by a different ALJ. 
E) The party can file a motion to request appeal to have the decision reviewed. 
A) The party can refile the claim in the trial court. 
B) The party can initiate mediation. 
C) There are no options and the initial order becomes a final order. 
D) The party can refile the claim with the agency and have it decided by a different ALJ. 
E) The party can file a motion to request appeal to have the decision reviewed.

Question 11

Why is informal rule making used more often than other methods?

Accepted Answer

A) It cannot be challenged. 
B) It requires a formal record. 
C) It requires a formal public hearing. 
D) It is efficient for the agency in terms of time and cost. 
E) It creates a more transparent system. 
A) It cannot be challenged. 
B) It requires a formal record. 
C) It requires a formal public hearing. 
D) It is efficient for the agency in terms of time and cost. 
E) It creates a more transparent system.

Question 12

Which of the following is true regarding the statement by the agency head that agency action may only be overturned when there is clear and convincing evidence that the agency exceeded its discretion?

Accepted Answer

A) The agency representative is incorrect because agency decisions are usually reversed unless it can be established that an appeal of an agency decision is frivolous and without reason. 
B) The agency representative is incorrect because while agency actions are usually upheld,they may be reversed if the agency exceeded its power or the facts are not supported by substantial evidence. 
C) The agency representative is incorrect because a court will review a dispute with an agency de novo,meaning independent basis,giving no deference to the agency decision. 
D) The agency representative is essentially correct because agency decisions are upheld in over 99% of the cases and may only be reversed if no evidence whatsoever supports the agency's interpretation of its regulation. 
E) The agency representative is incorrect because agency decisions are usually reversed unless they are supported by clear and convincing evidence. 
A) The agency representative is incorrect because agency decisions are usually reversed unless it can be established that an appeal of an agency decision is frivolous and without reason. 
B) The agency representative is incorrect because while agency actions are usually upheld,they may be reversed if the agency exceeded its power or the facts are not supported by substantial evidence. 
C) The agency representative is incorrect because a court will review a dispute with an agency de novo,meaning independent basis,giving no deference to the agency decision. 
D) The agency representative is essentially correct because agency decisions are upheld in over 99% of the cases and may only be reversed if no evidence whatsoever supports the agency's interpretation of its regulation. 
E) The agency representative is incorrect because agency decisions are usually reversed unless they are supported by clear and convincing evidence.

Question 13

What do the initials ALJ represent in the administrative law arena?

Accepted Answer

A) Agency Law Jurisprudence 
B) Administrative Law Judge 
C) Agency Legal Judge 
D) Administrative Legal Journal 
E) Agency Legal Jargon 
A) Agency Law Jurisprudence 
B) Administrative Law Judge 
C) Agency Legal Judge 
D) Administrative Legal Journal 
E) Agency Legal Jargon

Question 14

Regarding the Freedom of Information Act,which statement is false?

Accepted Answer

A) Records involving an individual's private life are exempted from the act. 
B) Information regarding the agency's personnel records may be obtained under the act. 
C) Citizens are entitled to any records that government agencies have about them. 
D) Information may be obtained under the act regarding how an agency gets and spends its money. 
E) Records involving national security are exempted from the act. 
A) Records involving an individual's private life are exempted from the act. 
B) Information regarding the agency's personnel records may be obtained under the act. 
C) Citizens are entitled to any records that government agencies have about them. 
D) Information may be obtained under the act regarding how an agency gets and spends its money. 
E) Records involving national security are exempted from the act.

Question 15

Federal administrative agencies are created by Congress through passage of legislation,which is a statute that specifies the name,functions,and specific powers of the administrative agency.

Accepted Answer

A) Agency 
B) Interstate 
C) Enabling 
D) Administrative 
E) Statutory 
A) Agency 
B) Interstate 
C) Enabling 
D) Administrative 
E) Statutory

Question 16

When must an agency respond to comments it receives regarding a proposed rule?

Accepted Answer

A) When the comment significantly concern the proposed rule. 
B) When the comment is by an elected official. 
C) An agency never has to respond to comments. 
D) When the comment concerns public policy. 
E) When the comment concerns the constitutionality of the proposed rule. 
A) When the comment significantly concern the proposed rule. 
B) When the comment is by an elected official. 
C) An agency never has to respond to comments. 
D) When the comment concerns public policy. 
E) When the comment concerns the constitutionality of the proposed rule.

Question 17

When can the administrative head of an executive agency be discharged?

Accepted Answer

A) The administrative head of an executive agency can be discharged for any reason at anytime by the president. 
B) The administrative head of an executive agency can only be discharged for cause by Congress. 
C) The administrative head of an executive agency can be discharged for any reason at anytime by Congress. 
D) An administrative head of an executive agency can be impeached by Congress for cause. 
E) The administrative head of an executive agency can only be discharged for cause by the president. 
A) The administrative head of an executive agency can be discharged for any reason at anytime by the president. 
B) The administrative head of an executive agency can only be discharged for cause by Congress. 
C) The administrative head of an executive agency can be discharged for any reason at anytime by Congress. 
D) An administrative head of an executive agency can be impeached by Congress for cause. 
E) The administrative head of an executive agency can only be discharged for cause by the president.

Question 18

Regarding the type of rule making done by agencies,which of the following is true?

Accepted Answer

A) Agencies engage in two types of rulemaking: formal and informal. 
B) Agencies engage in four types of rulemaking: formal,informal,informational,and hybrid. 
C) Agencies engage in three types of rulemaking: formal,informal,and hybrid. 
D) Agencies engage in three types of rulemaking: informational,informal,and hybrid. 
E) Agencies engage in three types of rulemaking: formal,informational,and hybrid. 
A) Agencies engage in two types of rulemaking: formal and informal. 
B) Agencies engage in four types of rulemaking: formal,informal,informational,and hybrid. 
C) Agencies engage in three types of rulemaking: formal,informal,and hybrid. 
D) Agencies engage in three types of rulemaking: informational,informal,and hybrid. 
E) Agencies engage in three types of rulemaking: formal,informational,and hybrid.

Question 19

Administrative agencies are located at the federal level only.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following was the result on appeal in Murphy v.New Milford Zoning Commission,the case in the text involving a challenge to a zoning commission's ruling that prayer meetings were not a customary accessory use in a single-family residential area?

Accepted Answer

A) That the court lacked jurisdiction because the plaintiffs had not exhausted their appeal rights through the zoning authorities. 
B) That the decision of the zoning commission was correct and would be upheld. 
C) That the zoning commission was incorrect but that more information was needed in order to fashion a remedy. 
D) That the zoning commission was incorrect and that the plaintiffs would be allowed to continue the prayer meetings. 
E) That no appeal rights existed from a decision regarding zoning issues,a completely localized issue. 
A) That the court lacked jurisdiction because the plaintiffs had not exhausted their appeal rights through the zoning authorities. 
B) That the decision of the zoning commission was correct and would be upheld. 
C) That the zoning commission was incorrect but that more information was needed in order to fashion a remedy. 
D) That the zoning commission was incorrect and that the plaintiffs would be allowed to continue the prayer meetings. 
E) That no appeal rights existed from a decision regarding zoning issues,a completely localized issue.

Exam 44: Administrative Law

A court will interpret a rule as requiring formal rule making,if a statute is drafted in a manner that is ambiguous with respect to the type of agency rule making required.

Which of the following is not a basic limit on agency power?

Agencies are classified as either or .

________ grant agencies executive power to investigate potential violations of rules or statutes.

________ is not an exemption under which agencies may decide whether public participation will be allowed in rule-making proceedings.

Which of the following terms refers to the type of evidence required by a court to support an agency's fact finding?

________ are general statements about directions in which an agency intends to proceed with respect to its rule-making or enforcement activities.

The federal Freedom of Information Act applies to ________.

________ rules are rules regarding the internal operations of an agency.

What option does a party have if he or she does not appeal the ALJ's initial order within the allowed timeframe?

Why is informal rule making used more often than other methods?

Which of the following is true regarding the statement by the agency head that agency action may only be overturned when there is clear and convincing evidence that the agency exceeded its discretion?

What do the initials ALJ represent in the administrative law arena?

Regarding the Freedom of Information Act,which statement is false?

Federal administrative agencies are created by Congress through passage of legislation,which is a statute that specifies the name,functions,and specific powers of the administrative agency.

When must an agency respond to comments it receives regarding a proposed rule?

When can the administrative head of an executive agency be discharged?

Regarding the type of rule making done by agencies,which of the following is true?

Administrative agencies are located at the federal level only.

Which of the following was the result on appeal in Murphy v.New Milford Zoning Commission,the case in the text involving a challenge to a zoning commission's ruling that prayer meetings were not a customary accessory use in a single-family residential area?

An Introduction to Dynamic Business Law

Business Ethics

The Uslegal System

Alternative Dispute Resolution

Constitutional Principles

International and Comparative Law

Crime and the Business Community

Tort Law

Negligence and Strict Liability

Product Liability

Liability of Accountants and Other Professionals

Intellectual Property

Introduction to Contracts

Agreement

Consideration

Capacity and Legality

Legal Assent

Contracts in Writing

Third-Party Rights to Contracts

Discharge and Remedies

Introduction to Sales and Lease Contracts

Title,risk of Loss,and Insurable Interest

Performance and Obligations Under Sales and Leases

Remedies for Breach of Sales and Lease Contracts

Warranties

Negotiable Instruments: Negotiability and Transferability

Negotiation, holder in Due Course, and Defenses

Liability, defenses, and Discharge

Checks and Electronic Fund Transfers

Secured Transactions

Other Creditors Remedies and Suretyship

Bankruptcy and Reorganization

Agency Formation and Duties

Liability to Third Parties and Termination

Forms of Business Organization

Partnerships: Nature, formation, and Operation

Partnerships: Termination and Limited Partnerships

Corporations: Formation and Financing

Corporations: Directors, officers, and Shareholders

Corporations: Mergers, consolidations, terminations

Corporations: Securities and Investor Protection

Employment and Labor Law

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The Nature of Property, personal Property, and Bailments

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Insurance Law

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