Question 1

Set forth the steps involved in hybrid rule making.

Accepted Answer

The steps of hybrid rule making are as follows:
1. Publication of a proposed rule is made in the Federal Register.
2. Publication is followed by the opportunity for submission of written comments.
3. There is an informal public hearing with a more restricted opportunity for cross-examination than that involved in formal rule making.
4. The final rule is then published in the Federal Register.

Question 2

Administrative law consists of procedural, but not substantive, rules.

Accepted Answer

A) True 
 B)False  False

Question 3

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

Accepted Answer

A)  The Agency Restriction Act 
B)  The Regulatory Agency Act 
C)  The Agency Regulation Act 
D)  The Administrative Procedures Act 
E)  The Regulatory Restriction Act 
A)  The Agency Restriction Act 
B)  The Regulatory Agency Act 
C)  The Agency Regulation Act 
D)  The Administrative Procedures Act 
E)  The Regulatory Restriction Act D

Question 4

Which of the following are the most common types of rule making done by agencies?

Accepted Answer

A)  Formal and hybrid 
B)  Informal and hybrid 
C)  Formal and informal 
D)  Informational and informal 
E)  Informational and formal 
A)  Formal and hybrid 
B)  Informal and hybrid 
C)  Formal and informal 
D)  Informational and informal 
E)  Informational and formal

Question 5

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?

Accepted Answer

A)  Combined 
B)  Hybrid 
C)  Joined 
D)  Registered 
E)  Compound 
A)  Combined 
B)  Hybrid 
C)  Joined 
D)  Registered 
E)  Compound

Question 6

The Small Business Administration is an example of an executive agency.

Accepted Answer

A) True 
 B)False

Question 7

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?

Accepted Answer

A)  Executive law 
B)  Congressional law 
C)  Administrative law 
D)  Enabling law 
E)  Rule law 
A)  Executive law 
B)  Congressional law 
C)  Administrative law 
D)  Enabling law 
E)  Rule law

Question 8

Executive agencies are referred to as which of the following?

Accepted Answer

A)  Judicial-level agencies 
B)  Adjudicative agencies 
C)  Cabinet-level agencies 
D)  Approval agencies 
E)  Presidential agencies 
A)  Judicial-level agencies 
B)  Adjudicative agencies 
C)  Cabinet-level agencies 
D)  Approval agencies 
E)  Presidential agencies

Question 9

Set forth the stages of informal rule making.

Accepted Answer

The steps of informal rule making are as

Question 10

Which of the following was the result in Yan Ju Wang v. George Valverde, the case in the text in which the plaintiff, a holder of a valid Class C (noncommercial) driver's license, applied for a Class B (commercial) driver's license but was caught cheating when taking the Class B test resulting in the revocation by the state Department of Motor Vehicles of his Class C license?

Accepted Answer

A)  That the interpretation of the Department of Motor Vehicles of state law was correct and that it had the authority to revoke the Class C license. 
B)  That the interpretation of the Department of Motor Vehicles of state law was incorrect and that it had no authority to revoke the Class C license. 
C)  That although the interpretation of the Department of Motor Vehicles of state law was correct, the department failed to satisfy applicable requirements in notifying the plaintiff of its decision in regard to the Class C license and that the department's action was therefore null and void. 
D)  That although the interpretation of the Department of Motor Vehicles of state law was correct, applicable federal law prohibited the revocation of a Class C license due to misconduct in regard to the testing procedures for a Class B license. 
E)  That although the interpretation of the Department of Motor Vehicles of state law was incorrect, federal law prohibits fraud in connection with the application to operate any motor vehicle thereby justifying the revocation of the Class C license. 
A)  That the interpretation of the Department of Motor Vehicles of state law was correct and that it had the authority to revoke the Class C license. 
B)  That the interpretation of the Department of Motor Vehicles of state law was incorrect and that it had no authority to revoke the Class C license. 
C)  That although the interpretation of the Department of Motor Vehicles of state law was correct, the department failed to satisfy applicable requirements in notifying the plaintiff of its decision in regard to the Class C license and that the department's action was therefore null and void. 
D)  That although the interpretation of the Department of Motor Vehicles of state law was correct, applicable federal law prohibited the revocation of a Class C license due to misconduct in regard to the testing procedures for a Class B license. 
E)  That although the interpretation of the Department of Motor Vehicles of state law was incorrect, federal law prohibits fraud in connection with the application to operate any motor vehicle thereby justifying the revocation of the Class C license.

Question 11

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

Question 12

Which of the following is true regarding types of powers administrative agencies have?

Accepted Answer

A)  Agencies have legislative, judicial, and executive power. 
B)  Agencies have executive power and judicial power, but not legislative power. 
C)  Agencies have executive power and legislative power, but not judicial power. 
D)  Agencies have legislative power, but not executive power or judicial power. 
E)  Agencies have legislative power and judicial power, but not executive power. 
A)  Agencies have legislative, judicial, and executive power. 
B)  Agencies have executive power and judicial power, but not legislative power. 
C)  Agencies have executive power and legislative power, but not judicial power. 
D)  Agencies have legislative power, but not executive power or judicial power. 
E)  Agencies have legislative power and judicial power, but not executive power.

Question 13

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

Accepted Answer

A) True 
 B)False

Question 14

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

Accepted Answer

A) True 
 B)False

Question 15

In informal rule making, the date on which a rule becomes effective must be at least ______ days after publication of the final rule in the Federal Register.

Accepted Answer

A)  15 
B)  20 
C)  30 
D)  45 
E)  60 
A)  15 
B)  20 
C)  30 
D)  45 
E)  60

Question 16

Which of the following is true regarding the type or types of rules that an agency may enact?

Accepted Answer

A)  The types of rules agencies may enact are procedural, interpretive, legislative, and executive. 
B)  The types of rules agencies may enact are procedural, interpretive, and legislative. 
C)  The types of rules agencies may enact are executive and interpretive. 
D)  The types of rules agencies may enact are legislative and executive. 
E)  Agencies may enact interpretive rules only. 
A)  The types of rules agencies may enact are procedural, interpretive, legislative, and executive. 
B)  The types of rules agencies may enact are procedural, interpretive, and legislative. 
C)  The types of rules agencies may enact are executive and interpretive. 
D)  The types of rules agencies may enact are legislative and executive. 
E)  Agencies may enact interpretive rules only.

Question 17

Which of the following is the most likely type of rule making that Debby will propose?

Accepted Answer

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

Question 18

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

Accepted Answer

A)  A subpoena 
B)  A subpoena duces tecum 
C)  A summons 
D)  A summons duces tecum 
E)  A required documented appearance 
A)  A subpoena 
B)  A subpoena duces tecum 
C)  A summons 
D)  A summons duces tecum 
E)  A required documented appearance

Question 19

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

Accepted Answer

A)  Social; economic 
B)  Political; safety 
C)  Social; political 
D)  Safety; social 
E)  Economic; safety 
A)  Social; economic 
B)  Political; safety 
C)  Social; political 
D)  Safety; social 
E)  Economic; safety

Question 20

Which of the following are rules that do not create any new rights or duties but are step-by-step statements of what actions a party must take to be considered in compliance with an existing law?

Accepted Answer

A)  Regulatory rule 
B)  Explanatory rule 
C)  Interpretive rule 
D)  Analysis rule 
E)  Application rule 
A)  Regulatory rule 
B)  Explanatory rule 
C)  Interpretive rule 
D)  Analysis rule 
E)  Application rule

Exam 44: Administrative Law

Set forth the steps involved in hybrid rule making.

Administrative law consists of procedural, but not substantive, rules.

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 the most common types of rule making done by agencies?

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?

The Small Business Administration is an example of an executive agency.

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?

Executive agencies are referred to as which of the following?

Set forth the stages of informal rule making.

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?

Which of the following is true regarding types of powers administrative agencies have?

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

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

In informal rule making, the date on which a rule becomes effective must be at least ______ days after publication of the final rule in the Federal Register.

Which of the following is true regarding the type or types of rules that an agency may enact?

Which of the following is the most likely type of rule making that Debby will propose?

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

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

Which of the following are rules that do not create any new rights or duties but are step-by-step statements of what actions a party must take to be considered in compliance with an existing law?

An Introduction to Dynamic Business Law

Business Ethics

The US Legal 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

Employment Discrimination

Consumer Law

Environmental Law

Antitrust Law

The Nature of Property, Personal Property, and Bailments

Real Property

Landlord-Tenant Law

Insurance Law

Wills and Trusts

Filters

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