Exam 3: The Us Legal System and Alternative Dispute Resolution

Which of the following are general statements about directions in which an agency intends to proceed with respect to its rule-making or enforcement activities?

Reference - 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 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?

Agencies are classified as either ___________ or __________.

To which of the following does the Freedom of Information Act not apply?

Which of the following is generally defined as any body created by the legislative branch to carry out specific duties?

According to the United Nations as discussed in the text, which of the following is true regarding e-government, meaning the delivery of government services through digital information technologies, including the Internet?

Set forth the stages and requirements of informal agency rule making.

When may an agency claim an exemption from rule making requirements on the basis that public notice and comment procedures are "impracticable, unnecessary, or contrary to the public interest" and what steps must be taken?

Which of the following is an act passed by Congress and serves as a major limitation on how federal agencies are run?

Which of the following are rules regarding the internal operations of an agency?

Reference - 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?

Which of the following is a term used to refer to agencies that do not clearly fall into either the classification of an executive agency or the classification of independent agency?

Which of the following are activities in which agencies may be involved?

The Government in Sunshine Act requires that federal agencies publish in the FederalRegister places where the public can get information from the agency.

Which of the following is an order issued by an agency to appear at a particular time and place and bring specified documents?

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

Which of the following is true regarding decisions of a federal administrative law judge that are appealed into the federal court system?

Which of the following was the result in AlexisPerezv. JohnAshcroft, the case in the text in which the plaintiff claimed that without formal rule making as required by law, the Immigration and Naturalization Service wrongfully imposed a rule requiring that applicants for visas to work in a professional capacity in a religious vocation have formal religious training?

Which of the following are rules that explain how the agency views the meaning of the statutes for which the agency has administrative responsibility?

Which of the following are rules of an agency that are policy expressions having the effect of law?