Deck 43: Administrative Law and Regulatory Agencies

Question 1

The Department of Justice and the Department of Commerce are part of the executive branch of the government.

Answer 1

True

Question 2

Administrative law is comprised of mostly substantive law.

Answer 2

False

Question 3

Administrative agencies were established as a separate branch of the government in the U.S.Constitution.

Answer 3

False

Question 4

Administrative agencies have delegated authority to regulate an individual industry or a specific area of commerce.

Question 5

The FCC and the FAA both regulate specific industries.

Question 6

Administrative agencies have been referred to as the fourth branch of government.

Question 7

Administrative agencies may grant licenses.

Question 8

Administrative agencies may not issue subpoenas.

Question 9

An administrative agency must be created by either the legislative or the executive branch of the government.

Question 10

Federal administrative agencies must adhere to procedures that are presented in the Administrative Procedure Act.

Question 11

Administrative law is exclusively procedural law.

Question 12

Some administrative agencies created by Congress are not part of the executive branch.

Question 13

It is unconstitutional for an administrative agency to act beyond its specifically delegated powers.

Question 14

Administrative agencies often enforce statutes that are created by Congress.

Question 15

An administrative agency has no inherent powers and thus has only the powers delegated to it when it was established.

Question 16

It is constitutional for an administrative agency to have powers of all three branches of the government.

Question 17

The federal Administrative Procedure Act sets procedural rules for state agencies.

Question 18

Industry is one area that is not subject to administrative regulation.

Question 19

Administrative agencies are created by federal,state,and local governments.

Question 20

An administrative law judge's decision is issued in the form of a judgment once the jury returns a verdict.

Question 21

If an administrative agency has decided the interpretation of statutory language,the reviewing court must accept the judgment of the administrative agency.

Question 22

The statute that covers the operations of federal agencies is the:

A) Agency Enforcement Act
B) Federal Agency Conduct Act
C) Administrative Agency Execution Act
D) Administrative Procedure Act
E) Delegated Powers Administration Act

Question 23

An agency can have which of the functions of the government?

A) legislative only
B) executive only
C) legislative or judicial only
D) executive or judicial only
E) executive,legislative,or judicial

Question 24

Administrative agencies can:

A) interpret laws
B) enforce laws
C) both A and B
D) neither A nor B

Question 25

Which level(s)of government can create administrative agencies?

A) federal only
B) state and federal only
C) state and local only
D) state only
E) federal,state,and local

Question 26

Records that would interfere with law enforcement proceedings are exempt from disclosure.

Question 27

When an administrative agency adopts a new rule,it is exercising which kind of power?

A) executive
B) legislative
C) judicial
D) both legislative and executive
E) none of the above

Question 28

An agency can:

A) adopt a new rule
B) prosecute a violation of a rule
C) adjudicate a dispute over the violation of a rule
D) B or C only
E) A,B,or C

Question 29

The Government in the Sunshine Act opens most federal administrative agency meetings to the public.

Question 30

Examples of federal government agencies include the following except:

A) the Securities and Exchange Commission
B) the National Labor Relations Board
C) the Private Transportation Protection Agency
D) the Federal Aviation Administration
E) the Interstate Commerce Commission

Question 31

Administrative agencies are not subject to the same Fourth Amendment restrictions regarding search and seizures as police who are involved in search and seizures.

Question 32

Administrative agencies have only the powers granted to them when created under the:

A) limited grant of power doctrine
B) enumerated powers doctrine
C) agency supremacy doctrine
D) agency restraint doctrine
E) delegation doctrine

Question 33

The Administrative Procedure Act forbids judicial review of federal administrative agency actions.

Question 34

Administrative agencies are often informally referred to as:

A) courts of no resort
B) the fourth branch of government
C) the Mini Congress
D) the constitutional aberration
E) the rule-mongers

Question 35

The federal Privacy Act provides that federal administrative agencies can maintain only information about an individual that is relevant and necessary to accomplish a legitimate agency purpose.

Question 36

Decisions of state administrative agencies may be appealed to the appropriate federal court.

Question 37

An administrative agency's decision may be overturned if it does not meet the appropriate standard of review.

Question 38

With respect to administrative agencies,the delegation doctrine provides that:

A) agencies have the power to delegate their powers to their employees
B) agencies have the power to delegate their powers to those parties that they regulate
C) agencies have only the powers given to them by the enabling action that created them
D) agencies have all powers necessary for them to carry out their functions
E) agencies have all powers not reserved to the federal government in the U.S. Constitution

Question 39

Documents classified by the President to be in the interests of national security are subject to disclosure.

Question 40

The Equal Access to Justice Act was designed to protect federal administrative agencies from harassment.

Question 41

In an administrative judicial proceeding,the party against whom the proceeding is being held is called the:

A) defendant
B) appellant
C) witness
D) deponent
E) respondent

Question 42

Why are there so many more administrative agencies today than in the early years of our nation?

Question 43

An administrative law judge's decision is issued as:

A) an order
B) a judgment
C) a request for further action
D) a mandate for enforcement
E) a notice

Question 44

Which of the following statutes gives the public access to most documents in the possession of federal agencies?

A) the Freedom of Information Act
B) the Government in the Sunshine Act
C) the Administrative Procedure Act
D) the Equal Access to Justice
E) the Privacy Act

Question 45

Which of the following statutes requires certain federal agency meetings to be open to the public?

A) the Freedom of Information Act
B) the Government in the Sunshine Act
C) the Administrative Procedure Act
D) the Equal Access to Justice
E) the Privacy Act

Question 46

Which of the following is correct regarding administrative law judges?

A) They are employed by the administrative agency for which they hear cases.
B) They decide questions of both law and fact.
C) They must state reasons for their decisions.
D) all of the above
E) B and C only

Question 47

Which of the following statutes allows a party to recover attorney's fees from an agency if that agency has engaged in outrageous conduct in connection with an agency action?

A) the Freedom of Information Act
B) the Government in the Sunshine Act
C) the Administrative Procedure Act
D) the Equal Access to Justice
E) the Privacy Act

Question 48

Which of the following statutes provides that government agencies can maintain only that information about an individual that is necessary to accomplish a legitimate purpose?

A) the Freedom of Information Act
B) the Government in the Sunshine Act
C) the Administrative Procedure Act
D) the Equal Access to Justice
E) the Privacy Act

Question 49

Which of the following best describes the Equal Access to Justice Act?

A) It provides that a party contesting an administrative agency's action can proceed either within the agency or through the court system.
B) It provides that a party who has been the subject of administrative action that was extremely outrageous can recover her attorneys' fees and other costs from the agency.
C) It provides that actions filed with an administrative agency judicial body must be heard in the order in which they were filed.
D) It provides that administrative agencies must provide an attorney to a party involved in a judicial hearing if the party cannot afford an attorney.

Question 50

The person who presides over an administrative judicial proceeding is called a(n):

A) judicial administrator
B) magistrate
C) administrative law judge
D) agency judicial clerk
E) justice of the agency