Deck 15: The Regulatory Process

Question 1

An administrative agency is usually:

A)an international authority created by treaty
B)an arm of the federal prison system
C)a part of the federal judiciary
D)created by the Supreme Court to interpret the effect of federal laws
E)none of the other choices

Answer 1

E

Question 2

According to the Supreme Court,what is one of the most significant legal trends of the last century:

A)the decline of administration bodies
B)the rise of administration bodies
C)the decline of tort suits
D)the rise of tort suits
E)the decline of cases taken to the Supreme Court

Answer 2

B

Question 3

Among the significant agency(s)created during the 1930s were:

A)the Federal Communications Commission
B)the Securities and Exchange Commission
C)the Federal Trade Commission
D)the Federal Communications Commission and the Securities and Exchange Commission
E)the Federal Communications Commission and the Securities and Exchange Commission and the Federal Trade Commission

Answer 3

D

Question 4

The first modern federal regulatory agency was created in 1887 to regulate:

A)taxes
B)food and drugs
C)courts
D)communications
E)none of the other choices are correct

Question 5

Administrative agencies are generally created by:

A)a Supreme Court order
B)federal courts to help in areas difficult to regulate by litigation
C)executive orders of the President
D)a Supreme Court order or an executive order of the President
E)none of the other choices

Question 6

The first modern federal regulatory agency was created in 1887 to regulate:

A)taxes
B)food and drugs
C)railroads
D)communications
E)courts

Question 7

An administrative agency is usually:

A)an international authority created by treaty
B)an arm of the federal prison system
C)a part of the federal judiciary
D)an authority of government that administers a particular law
E)created by the Supreme Court to interpret the effect of federal laws

Question 8

Administrative agencies are generally created by:

A)a Supreme Court order
B)federal courts to help in areas difficult to regulate by litigation
C)an enabling statute of Congress
D)an executive order of the President
E)a Supreme Court order following an enabling statute of Congress

Question 9

Congress gives an agency power and authority through a(n):

A)authoritative delegation
B)statute delegation
C)legislative delegation
D)public delegation
E)empowering delegation

Question 10

The Federal Trade Commission handles:

A)discrimination cases
B)employment cases
C)antitrust cases
D)food and drug regulation cases
E)compensation cases

Question 11

The Interstate Commerce Commission was the:

A)first modern federal regulatory agency
B)the most famous modern federal regulatory agency
C)the latest modern federal regulatory agency
D)the biggest modern federal regulatory agency
E)the smallest modern federal regulatory agency

Question 12

About how many federal agencies share the responsibility for regulating various aspects of business activity?

A)50
B)125
C)200
D)250
E)300

Question 13

Congress created the first regulatory agency in 1887.It was called the:

A)Federal Trade Commission
B)Federal Power Commission
C)Federal Communications Commission
D)International Trade Administration
E)none of the other choices

Question 14

A(n)_____________is an authority of the government,other than a legislature or a court,created to administer a particular law.

A)regulatory agency
B)litigation agency
C)legislative agency
D)private agency
E)none of the other choices are correct

Question 15

The primary tool for local,state,and federal governments use to perform regulatory functions is the:

A)administrative agency
B)regulatory agency
C)real agency
D)courts
E)police force

Question 16

A(n)_____________is an authority of the government,other than a legislature or a court,created to administer a particular law.

A)regulatory agency
B)administrative agency
C)legislative agency
D)private agency
E)litigation agency

Question 17

A major notable expansion in administrative agencies came during which period:

A)the Good Times Era
B)the Revolutionary War
C)the Civil War
D)the Great Depression
E)none of the other choices

Question 18

Congress created the first regulatory agency in 1887.It was called the:

A)Federal Trade Commission
B)Federal Power Commission
C)Interstate Commerce Commission
D)Federal Communications Commission
E)none of the other choices

Question 19

The Federal Trade Commission handles:

A)discrimination cases
B)employment cases
C)international cases
D)food and drug regulation cases
E)none of the other choices are correct

Question 20

An agency created during the late 1960s or early 1970s is:

A)the International Trade Commission
B)the Environmental Protection Agency
C)the Equal Employment Opportunity Commission
D)the International Trade Commission and the Environmental Protection Agency
E)the Environmental Protection Agency and the Equal Employment Opportunity Commission

Question 21

Congress grants to an agency the power to perform regulatory functions.A statute delegating power to an agency is called:

A)an administrative statute
B)a regulatory statute
C)a permanence statute
D)a public interest statute
E)none of the other choices

Question 22

Administrative agencies are often created by Congress because:

A)they can consider technical details more effectively than Congress
B)they can handle litigation more quickly than can the judicial system
C)they have the ability to monitor a regulated industry on a continuous basis
D)they can consider technical details more effectively than Congress and have the ability to monitor a regulated industry on a continuous basis
E)they can consider technical details more effectively than Congress and have the ability to monitor a regulated industry on a continuous basis and can handle litigation more quickly than can the judicial system

Question 23

Congress gives an agency power and authority through a(n):

A)authoritative delegation
B)statute delegation
C)empowering delegation
D)public delegation
E)none of the other choices are correct

Question 24

An enabling statute is a(n):

A)unofficial mandate passed by Congress granting powers to an agency
B)local law passed by the local legislature granting powers to an agency
C)state law passed by the state supreme court granting powers to an agency
D)state law passed by the state legislature granting powers to an agency
E)none of the other choices are correct

Question 25

Organic statue is another term for:

A)regulatory delegation
B)regulatory statute
C)legislative delegation
D)organic delegation
E)none of the other choices are correct

Question 26

The branch of law that consists of legal rules that define the authority and structure of hundreds of administrative agencies is known as:

A)administrative law
B)tort law
C)legislative delegation law
D)agency law
E)business law

Question 27

Enabling statutes are also sometimes called:

A)regulatory delegations
B)regulatory statutes
C)legislative delegations
D)organic delegations
E)none of the other choices are correct

Question 28

A(n)________________ is a statute delegating to an agency the powers to formulate,implement,and enforce policy relevant to its area of authority.

A)administrative statute
B)enabling statute
C)regulatory statute
D)permanence statute
E)public interest statute

Question 29

Administrative agencies are created when:

A)a problem requires expertise and supervision
B)voters demand one
C)Congress wants support from a group of voters
D)a problem is too small for Congress to consider itself
E)a problem arises very quickly

Question 30

Enabling statutes are also sometimes called:

A)organic statutes
B)regulatory statutes
C)legislative delegations
D)organic delegations
E)regulatory delegations

Question 31

The branch of law that consists of legal rules that define the authority and structure of hundreds of administrative agencies is known as:

A)business law
B)tort law
C)legislative delegation law
D)agency law
E)none of the other choices are correct

Question 32

If Congress is not satisfied with the way an administrative agency is performing it:

A)can change how the agency operates
B)can only change how the agency operates if voters agree
C)can only change how the agency operates through a Supreme Court order
D)cannot change how the agency operates
E)none of the other choices are correct

Question 33

Congress grants to an agency the power to perform regulatory functions.A statute delegating power to an agency is called:

A)an administrative statute
B)an enabling statute
C)a regulatory statute
D)a permanence statute
E)a public interest statute

Question 34

A legislative delegation:

A)does not delegate to an agency the power to perform its regulatory purpose
B)delegates to an agency the power to perform its regulatory purpose
C)describes to an agency the guidelines for performing its regulatory purpose
D)describes to a court an agency's power
E)delegates responsibilities within an already created agency

Question 35

An enabling statute is a(n):

A)federal law passed by Congress granting powers to an agency
B)local law passed by the local legislature granting powers to an agency
C)state law passed by the state supreme court granting powers to an agency
D)state law passed by the state legislature granting powers to an agency
E)unofficial mandate passed by Congress granting powers to an agency

Question 36

A federal law passed by Congress granting powers to an agency is called:

A)a legislative deliberation
B)a public purpose statute
C)an enabling statute
D)a public interest statute
E)an administrative empowerment statute

Question 37

The primary source(s)of administrative law include(s):

A)the Administrative Procedures Act
B)the enabling statutes of the administrative agencies
C)court decisions reviewing agency decisions
D)the enabling statutes of the administrative agencies and court decisions reviewing agency decisions
E)the enabling statutes of the administrative agencies and court decisions reviewing agency decisions and the Administrative Procedures Act

Question 38

A legislative delegation:

A)does not delegate to an agency the power to perform its regulatory purpose
B)delegates responsibilities within an already created agency
C)describes to an agency the guidelines for performing its regulatory purpose
D)describes to a court an agency's power
E)none of the other choices are correct

Question 39

Organic statue is another term for:

A)enabling statute
B)regulatory statute
C)legislative delegation
D)organic delegation
E)none of the other choices are correct

Question 40

A(n)________________ is a statute delegating to an agency the powers to formulate,implement,and enforce policy relevant to its area of authority.

A)administrative statute
B)public interest statute
C)regulatory statute
D)permanence statute
E)none of the other choices are correct

Question 41

The primary structure of administrative law is determined by the:

A)Administrative Agencies Act
B)Administrative Structural Act
C)Administrative Formalities Act
D)Administrative Legalities Act
E)none of the other choices are correct

Question 42

Which of the following is a form of rulemaking for an agency:

A)issuing formal rules or regulations
B)providing informal policy guidance documents that explain how an agency views the law
C)developing a quasi-common law through issuing decisions in individual cases
D)all of the other specific choices are correct
E)none of the other specific choices are correct

Question 43

Administrative agencies engage in rulemaking to:

A)develop regulatory policies
B)determine if Congressional statutes should be implemented
C)determine rules for court procedures
D)determine rules for Executive branch operations
E)all of the other choices

Question 44

An agency develops materials that help those regulated understand what they are required to do to comply with the law through the process of:

A)document drafting
B)rule making
C)rule enforcing
D)rule writing
E)rule passing

Question 45

Administrative rules are classified as substantive (legislative),interpretative,and:

A)regulatory
B)investigative
C)prospective
D)procedural
E)none of the other choices

Question 46

Which of the following is a primary source of administrative law:

A)the enabling statutes of administrative agencies
B)the Administrative Procedures Act
C)rules issued by administrative agencies
D)court decisions reviewing the validity of agency actions
E)all of the other specific choices are correct

Question 47

Substantive (legislative)rules issued by agencies are:

A)statements that provide the agency staff and public with guidance regarding what the agency believes a certain statute or regulation means
B)administrative statutes with the same force and effect of law as statutes passed by Congress
C)rules that describe an agency's organization,method of operation,and internal practices
D)statements that may only rephrase the language of a statute passed by Congress
E)none of the other choices

Question 48

The primary structure of administrative law is determined by the:

A)Administrative Agencies Act
B)Administrative Procedures Act
C)Administrative Formalities Act
D)Administrative Legalities Act
E)Administrative Structural Act

Question 49

Administrative agencies engage in rulemaking to:

A)determine which Congressional statutes will be implemented
B)determine rules for federal court procedures
C)determine rules for Executive branch operations
D)all of the other specific choices
E)none of the other choices

Question 50

Which of the following is a form of rulemaking for an agency:

A)issuing formal or informal rulings that apply to individual transactions but do not set precedents
B)providing informal policy guidance documents that explain how an agency views the law
C)developing a quasi-common law through issuing decisions in individual cases
D)all of the other specific choices are correct
E)none of the other specific choices are correct

Question 51

The primary source(s)of administrative law include(s):

A)the Legislative Delegation Act
B)the Administrative Procedures Act
C)court decisions reviewing agency decisions
D)the Administrative Procedures Act and court decisions reviewing agency decisions
E)the Administrative Procedures Act and court decisions reviewing agency decisions and the Legislative Delegation Act

Question 52

Which of the following is a classification of administrative rules:

A)substantive
B)legislative
C)interpretative
D)procedural
E)all of the other specific choices are correct

Question 53

The primary purpose of the Administrative Procedures Act is to:

A)provide the judiciary with procedural rules in administrative cases
B)create a federal bureaucracy to handle the complex problems of business
C)regulate the procedural requirements of criminal law
D)amend the common law so courts can delegate authority to administrative agencies
E)none of the other choices

Question 54

Enacted by Congress in 1946,the _________ defines the procedural rules and formalities for federal agencies.

A)Administrative Agencies Act
B)Administrative Structural Act
C)Administrative Formalities Act
D)Administrative Legalities Act
E)none of the other choices are correct

Question 55

The primary purpose of the Administrative Procedures Act is:

A)to provide the judiciary with procedural rules in administrative cases
B)to define procedural rules and formalities of administrative agencies
C)to create a federal bureaucracy to handle the complex problems of business
D)to regulate the procedural requirements of criminal law
E)to amend the common law so the courts can delegate some of their authority to administrative agencies

Question 56

Congress has authority to create regulatory agencies and give them powers to enact rules under which clause(s)of the Constitution:

A)the trade clause
B)the agency clause and the property clause
C)the agency clause and the regulatory clause
D)the commerce clause and the necessary and proper clause
E)the defense clause

Question 57

Congress has authority to create regulatory agencies and give them powers to enact rules under which clause(s)of the Constitution:

A)the trade clause
B)the agency clause and the property clause
C)the agency clause and the regulatory clause
D)the defense clause
E)none of the other choices are correct

Question 58

Administrative rules are classified as substantive (legislative),interpretative,and:

A)regulatory
B)investigative
C)prospective
D)judicial
E)none of the other choices

Question 59

Enacted by Congress in 1946,the _________ defines the procedural rules and formalities for federal agencies.

A)Administrative Agencies Act
B)Administrative Procedures Act
C)Administrative Formalities Act
D)Administrative Legalities Act
E)Administrative Structural Act

Question 60

Regulatory agencies engage in rulemaking.This authority comes primarily from:

A)Congress,under the Commerce and Necessary and Proper Clauses
B)the Supreme Court,to enable the agencies to assist in enforcement of federal statutes
C)the President,to allow agencies to implement the programs of the administration
D)Congress,under the Commerce and Necessary and Proper Clauses and the Supreme Court,to enable the agencies to assist in enforcement of federal statutes
E)Congress,under the Commerce and Necessary and Proper Clauses and the Supreme Court,to enable the agencies to assist in enforcement of federal statutes and the President,to allow agencies to implement the programs of the administration

Question 61

Which classification of administrative laws have the same force of law as statues enacted by Congress:

A)procedural rules
B)enforcement rules
C)substantive rules
D)observational rules
E)interpretive rules

Question 62

Procedural rules issued by administrative agencies are:

A)statements that provide the agency staff and public with guidance regarding what the agency believes a certain statute or regulation means
B)administrative statutes with the same force of law as statutes passed by Congress
C)rules that describe an agency's organization,method of operation,and internal practices
D)statements that may only rephrase the language of a statute passed by Congress
E)none of the other choices

Question 63

Procedural rules issued by administrative agencies are:

A)statements that provide the agency staff and public with guidance regarding what the agency believes a certain statute or regulation means
B)administrative statutes with the same force of law as statutes passed by Congress
C)a statement of what companies must do to follow the requirements of regulations
D)statements that may only rephrase the language of a statute passed by Congress
E)none of the other choices

Question 64

Which classification of administrative laws results in a rule being a federal law:

A)procedural rules
B)enforcement rules
C)substantive rules
D)observational rules
E)interpretive rules

Question 65

Which classification of administrative laws have the same force of law as statues enacted by Congress:

A)procedural rules
B)enforcement rules
C)observational rules
D)interpretive rules
E)none of the other choices

Question 66

The details of an agency's structure and how it operates internally are covered in:

A)procedural rules
B)agency rules
C)structural rules
D)formal rules
E)interpretative rules

Question 67

Interpretative rules issued by administrative agencies are:

A)statements that provide agency staff and the public with guidance about what a certain statute or substantive rule means in practice
B)judicial statutes with the same force and effect of law as statutes passed by Congress
C)rules that describe an agency's organization,method of operation,and internal practices
D)statements that may only rephrase the language of a statute passed by Congress
E)none of the other choices

Question 68

Congress authorizes the EPA to regulate air quality by reducing emissions from gasoline engines.The EPA immediately bans gas engines issues such a regulation.The new regulation is probably:

A)a legal issuance of a substantive regulation
B)a legal amendment of a substantive regulation
C)a legal procedural revision of a substantive regulation
D)an improperly implemented substantive regulation
E)an improper revision of an interpretative regulation

Question 69

When an agency issues a substantive rule,it is generally required by the APA to:

A)interview all parties who will be affected by the regulation before it issues a final order
B)inform the President of the proposed rule
C)receive the approval of both houses of Congress before it issues a final order
D)all of the other specific choices
E)none of the other choices

Question 70

Administrative laws with the same force of law as statutes enacted by Congress are:

A)procedural rules
B)enforcement rules
C)substantive rules
D)observational rules
E)interpretive rules

Question 71

Administrative laws with the same force of law as statutes enacted by Congress are:

A)procedural rules
B)enforcement rules
C)observational rules
D)interpretive rules
E)none of the other choices

Question 72

____________ detail an agency's structure and describe its method of operation and its internal practices.

A)procedural rules
B)agency rules
C)structural rules
D)formal rules
E)interpretative rules

Question 73

_______________are statements issued by an agency to provide its staff and the public with guidance regarding the interpretation of a substantive rule or a congressional statute.

A)procedural rules
B)enforcement rules
C)substantive rules
D)observational rules
E)none of the other choices are correct

Question 74

Substantive (legislative)rules issued by agencies are:

A)statements that provide the agency staff and public with guidance regarding what the agency believes a certain statute or regulation means
B)statements of the intent of Congressional statutes as approved by the federal judiciary
C)rules that describe an agency's organization,method of operation,and internal practices
D)statements that may only rephrase the language of a statute passed by Congress
E)none of the other choices

Question 75

In contrast to legislative rules,interpretative rules are:

A)exempt from the notice and comment requirements of the APA
B)not exempt from the notice and comment requirements of the APA
C)exempt from the rule of law
D)not exempt from the rule of law
E)exempt from the commerce clause

Question 76

Interpretative rules issued by administrative agencies are:

A)judicial statutes with the same force and effect of law as statutes passed by Congress
B)rules that describe an agency's organization,method of operation,and internal practices
C)statements that may only rephrase the language of a statute passed by Congress
D)all of the other specific choices may be in that category
E)none of the other choices

Question 77

When an agency issues a substantive rule,it is generally required by the APA to:

A)interview all parties who will be affected by the regulation before it issues a final order
B)provide public notice and the opportunity for interested parties to comment
C)inform the President of the proposed rule
D)receive the approval of both houses of Congress before it issues a final order
E)inform the President of the proposed rule and receive the approval of both houses of Congress before it issues a final order and interview all parties who will be affected by the regulation before it issues a final order

Question 78

_______________are statements issued by an agency to provide its staff and the public with guidance regarding the interpretation of a substantive rule or a congressional statute.

A)procedural rules
B)enforcement rules
C)substantive rules
D)observational rules
E)interpretive rules

Question 79

Which classification of administrative laws results in a rule being a federal law:

A)procedural rules
B)enforcement rules
C)observational rules
D)interpretive rules
E)none of the other choices

Question 80

The details of an agency's structure and how it operates internally are covered in:

A)interpretative rules
B)agency rules
C)structural rules
D)formal rules
E)none of the other choices