Exam 3: The Us Legal System and Alternative Dispute Resolution

Which of the following was the result in YanJuWangv. GeorgeValverde, the case in the text in which the plaintiff sued for a mandate compelling that the Department of Motor Vehicles set aside its revocation of plaintiff's noncommercial driver's license based on her allegedly cheating on an exam for a commercial driver's license?

Which of the following consists of the substantive and procedural rules created by administrative agencies involving applications, licenses, permits, available information, hearings, appeals, and decision making?

Which of the following is involved when an agency is referred to as a "captured" agency?

Which of the following is false regarding executive agencies at the federal level?

Which of the following is false regarding the Freedom of Information Act?

Which of the following has the power to create a federal agency?

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. What would be the next step in obtaining enactment of the rules after publication?

Which of the following is a type of rule making done by agencies?

Set forth the steps involved in formal rule making.

Which of the following has the power to dissolve a federal agency?

The primary type of rule making used by administrative agencies is informal rule making.

Executive agencies are referred to as which of the following?

Executive agencies tend to focus on _______________ regulation whereas independent agencies are more often focused on _____________ regulation.

There is no right of appeal from a decision of an administrative law judge.

Which of the following is a federal executive agency?

Reference - Four Paws Protection. Congress set up a new agency to more closely regulate testing of personal and cosmetic products on animals. Legislation was passed 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 the correct term for legislation passed by Congress specifying the name, functions, and specific powers of the Animal Protection Commission?

Which of the following is a limit on agency power?

Why are administrative agencies at times referred to as the "fourth branch of government," and is this assertion true?

There is no right to a jury in administrative agency disputes.

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