Deck 6: Judicial Control of Administrative

Question 1

In general, the scope of review under the APA for an informal action is:

A)Arbitrary and capricious
B)Substantial evidence
C)De novo
D)None of the above

Answer 1

A

Question 2

Distinguish procedural and substantive due process.

Answer 2

Procedural due process guarantees a fair deci- sion-making process before life, liberty, and property can be taken away, while substantive due process involves the fundamental rights pro- tected under the liberty and which generally can- not be taken away no matter what process is used.

Question 3

Exhaustion of administrative remedies requires that all appeals within an agency be attempted before the case can be taken to a court.

Answer 3

TRUE

Question 4

The U.S.Supreme Court has held that welfare benefits are:

A)A form of life
B)A form of happiness
C)A form of property
D)None of the above

Question 5

Explain how the term judicial review is used gen- erally and in administrative law.

Question 6

Are agencies bound to follow the Constitution? Explain.

Question 7

When a state agency attempts to take away lib- erty or property, which amendment of the Con- stitution is implicated?

A)First Amendment
B)Fifth Amendment
C)Fourteenth Amendment
D)Sixth Amendment

Question 8

State three interests that are protected by the Constitution under substantive due process and explain how these interests are established.

Question 9

In general, the scope of review under the APA for a formal action is:

A)Arbitrary and capricious
B)Substantial evidence
C)De novo
D)None of the above

Question 10

When a federal agency attempts to take away lib- erty or property, which amendment of the Con- stitution is implicated?

A)First Amendment
B)Fifth Amendment
C)Fourteenth Amendment
D)Sixth Amendment

Question 11

The Environmental Protection Agency issued a press release indicating that it will in the future require new pollution control devices on all fac- tories.An environmental group immediately files suit to invalidate the regulations.This suit is:

A)Moot
B)Not ripe
C)A political question
D)Ready to be resolved

Question 12

In general, courts when exercising judicial review are not supposed to substitute their judgment for that of the agency.

Question 13

Smith, a taxpayer, files suit when Congress raises the tax on gasoline.This suit:

A)Lacks standing
B)Is a political question
C)Is moot
D)None of the above

Question 14

The principle that even if a court has the power to hear a case, if the case involves issues that are

A)Standing
B)Mootness
C)Primary jurisdiction
D)Ripeness

Question 15

One must have a personal stake in the outcome of a case and have suffered a legally recognized injury.This requirement is called:

A)Mootness
B)Ripeness
C)Standing
D)Political question

Question 16

The principle that the U.S.Supreme Court can declare whether a law is contrary to the Consti- tution is know as:

A)Judicial review
B)Writs of judicial appeal
C)Greater judicial need doctrine
D)Common sense doctrine

Question 17

Explain two reasons for judicial review.