Deck 15: The Regulatory Process

Question 1

Regulation is considered appropriate if it aids intrastate commerce over interstate commerce.

Answer 1

False
Explanation: The power of Congress to regulate commerce "among the several states" extends to those intrastate activities that affect interstate commerce as to make regulation of them appropriate. Regulation is appropriate if it aids interstate commerce.

Question 2

An administrative agency of quasi-legislative regulatory authority is empowered to make decisions like a court.

Answer 2

False
Explanation: Administrative agencies have either one or both types of regulatory authority. The first type is called quasi-legislative in that an agency can issue rules (regulations) that have the impact of laws. The second type is quasi-judicial in that agencies can make decisions like a court.

Question 3

The power of the federal government includes the persons engaged in interstate commerce but not the activities affecting the interstate commerce.

Answer 3

False
Explanation: The power of Congress over commerce is very broad; it extends to all commerce, be it great or small. The power of the federal government includes not only persons engaged in interstate commerce but also activities affecting interstate commerce.

Question 4

Intrastate activities affecting the interstate commerce are regulated by the Congress.

Question 5

The power to regulate foreign commerce is vested exclusively in the state government.

Question 6

The Environmental Protection Agency (EPA) regulates civil aviation to provide safe and efficient use of airspace.

Question 7

The Commerce Clause holds that states cannot impede interstate commerce.

Question 8

When a federal statute preempts a particular area of regulation, the state regulation related to the same subject is void.

Question 9

Under the Commerce Clause, the Congress is prevented from regulating an activity labeled local or intrastate.

Question 10

Requiring state legislation and regulation to protect the public's health, safety, morals, and general welfare gives state governments expansive power to regulate business activities.

Question 11

The state and local government authority to regulate business activity arises from a concept called the eminent domain.

Question 12

The limitations imposed by the U.S. Constitution are referred to as the dormant commerce clause concept.

Question 13

When state law is inconsistent or conflicts irreconcilably with the federal statute, it is constitutional.

Question 14

The indirect or direct attempts of the state to regulate imports and exports are unconstitutional.

Question 15

The Commerce Clause gives rise to the federal government's power to regulate business activity.

Question 16

The internal matters where uniformity on a nationwide basis is essential are exclusively the concern of the state.

Question 17

The Health Care and Education Reconciliation Act of 2010 requires that everyone have health insurance coverage beginning in 2014.

Question 18

Congress uses more and more general language in stating its regulatory aims and purposes.

Question 19

The Commerce Clause requires analysis of the regulation of commerce among several states.

Question 20

The police powers are limitless, sometimes allowing the state government to be arbitrary, capricious, or unreasonable.

Question 21

Agencies exercise their quasi-legislative power by issuing rules and regulations that have the force and effect of law.

Question 22

The primary focus of policymaking by way of social regulation has been on balancing the costs of the programs with their potential benefits.

Question 23

Indirect or direct attempts by state and local governments to regulate foreign commerce to some degree are considered _____.

A) legal
B) ethical
C) unconstitutional
D) immoral
E) constitutional

Question 24

The procedures developed by administrative agencies are less formal than judicial procedures.

Question 25

An exclusively state area of government regulation:

A) concerns those internal matters where uniformity on a nationwide basis is essential.
B) permits state regulation is permitted if the Congress has expressly regulated the area.
C) includes situations in which the federal regulation of a subject matter is not comprehensive enough to preempt the field.
D) includes intrastate activities that do not have a substantial effect on interstate commerce.
E) concerns those subjects over which the federal government has preempted the field.

Question 26

Group of persons with standing to sue includes those who have noneconomic interests.

Question 27

The doctrine of exhaustion of remedies comes into play whenever enforcement of the claim requires the resolution of issues that, under a regulatory scheme, have been placed within the special competence of an administrative body.

Question 28

Regulation decreases the cost of government.

Question 29

Which of the following legislations prohibits any physician the legal right to prescribe controlled substances for the purpose of assisting suicide?

A) ODWDA
B) TADA
C) CSA
D) WDWDA
E) DDNC

Question 30

Cost of paperwork contributes the least to the additional costs to the business community.

Question 31

Which of the following is true about regulation of foreign commerce?

A) The power to regulate foreign commerce is vested exclusively in the state governments.
B) The power to regulate foreign commerce is incomplete.
C) The federal government has no right to prohibit foreign commerce entirely.
D) Local governments can never attempt to regulate foreign commerce.
E) The federal may impose restrictions on foreign commerce.

Question 32

By requiring state legislation and regulation to protect the public's health, safety, morals, and general welfare, _____ give(s) state governments expansive power to regulate business activities.

A) eminent domain
B) Presidential authority
C) commerce clause
D) police powers
E) federal authority

Question 33

The general language used in delegating quasi-judicial authority usually involves grants of substantial discretion to an agency.

Question 34

Any party seeking the judicial review of any administrative agency's decision must be able to prove standing to sue.

Question 35

The _____ has stated that everyone must have health insurance coverage beginning in 2014.

A) Health Care Act of 2010
B) Health Insurance Portability Act of 1996
C) Healthy American Act of 2007
D) Occupational Safety and Health Act of 1970
E) Affordable Care Act of 2010

Question 36

The chairperson usually signs orders and official correspondence and is responsible for publication of all actions in the Federal Register.

Question 37

Which of the following is true about police powers?

A) These powers have given the federal government expansive power to regulate business.
B) The powers sometimes allow the state regulations to be arbitrary.
C) The powers help protect the public's health, safety, morals, and general welfare.
D) The powers allow the state regulation to violate the commerce clause.
E) These powers have no limitations.

Question 38

Which of the following is true about exclusively federal area of government regulation?

A) It concerns those internal matters where uniformity on a nationwide basis is essential.
B) In this area, state regulation is permitted if the Congress has failed to expressly regulate the area.
C) It concerns those matters that are exclusively within the states' power.
D) It includes intrastate activities that do not have a substantial effect on interstate commerce.
E) It concerns those subjects over which the federal government has preempted the field.

Question 39

The dormant commerce clause concept:

A) is the term used to refer to the police powers being limitless.
B) does not allow the state regulation to violate commerce clause.
C) refers to the exclusive Congressional authorization on a matter of trade.
D) comes into focus when the state is acting in the business.
E) permits the state regulation to be arbitrary.

Question 40

Under the regulation of interstate commerce:

A) the states have the exclusive power to commerce that passes across their lines.
B) activities affecting interstate commerce do not come under the power of the deferral government.
C) regulation on any activity is appropriate if it aids interstate commerce.
D) intrastate activities affecting interstate commerce can be regulated only by the state governments.
E) the Congress cannot regulate a local activity.

Question 41

In a _____ type of regulatory authority, an agency can make decisions like a court.

A) quasi-judicial
B) quasi-executive
C) quasi-legislative
D) quasi-regulatory
E) quasi in rem

Question 42

Business often fails to regulate itself, and the lack of self-regulation is contrary to the public interest. To counterbalance, administrative agencies exist to:

A) refer the problem or area to experts for solution and management.
B) protect the public, especially from the business community.
C) replace competition with regulation.
D) develop detailed rules and regulations to carry out the legislative policy.
E) provide services, having been arisen out of necessity.

Question 43

Which of the following is a function of Nuclear Regulatory Commission?

A) It protects the public against unreasonable risks of injury associated with consumer products.
B) It ensures all workers a safe and healthy work environment.
C) It regulates civil aviation to provide safe and efficient use of airspace.
D) It administers all laws relating to the environment.
E) It promotes dependable, affordable energy through sustained competitive markets.

Question 44

When agencies exercise their quasi-legislative power by issuing guidelines that have the force and effect of law, they are _____.

A) adjudicating
B) advising
C) rule making
D) investigating
E) determining

Question 45

_____ regulates interstate and foreign communications by means of radio, television, wire, cable, and satellite.

A) FCC
B) FTC
C) CPSC
D) EEOC
E) FERC

Question 46

Which of the following is true about imposition of undue burden?

A) The commerce clause validates state laws involving undue burden on interstate commerce.
B) The commerce clause does not prohibit the imposing of burdens on interstate commerce.
C) The states have no authority to regulate mattes of legitimate local concern.
D) Even if the states regulate matters of legitimate local concern, the interstate commerce will never be affected.
E) The commerce clause, however, invalidates federal laws imposing an undue burden on interstate commerce.

Question 47

Which of the following is true about limitation on state taxation?

A) Taxes imposed by federal government are subject to the limitations imposed by the commerce clause.
B) Sales or use taxes levied by state and local governments on interstate commerce are exempt from the limitations.
C) Taxation distributes the cost of government among those who receive its benefits.
D) The limitations do not apply to property tax and income tax.
E) Interstate commerce is exempt from state and local taxes.

Question 48

Which of the following protects the public against unreasonable risks of injury associated with consumer products?

A) FCC
B) FTC
C) CPSC
D) EEOC
E) FERC

Question 49

To prevent multiple taxation of the same property or income of interstate businesses, taxes are _____.

A) monopolized
B) withheld
C) taken
D) disallowed
E) apportioned

Question 50

Administrative agencies often provide needed continuity and consistency in the formulation, application, and enforcement of rules and regulations governing business. These agencies are providing _____.

A) specificity
B) expertise
C) protection
D) regulation
E) services

Question 51

Which of the following is true about the prohibiting discrimination factor of the commerce clause?

A) The commerce clause prohibits discrimination against intrastate commerce in favor of interstate commerce.
B) Federal government often attempts to aid local business in its competition with interstate business.
C) The commerce clause requires that all regulations be the same for local businesses as for businesses engaged in interstate commerce.
D) A state may place itself in a position of economic isolation from other states.
E) The commerce clause requires that the regulations for foreign trade be same for businesses engaged in local trade.

Question 52

When a firm is given monopoly power, it loses its freedom of contract, and a governmental body is given the power to determine the provisions of its contracts. The government agency is providing _____.

A) specificity
B) expertise
C) protection
D) regulation
E) services

Question 53

To justify the tax, there must be sufficient contact, connection, tie, or link between the business and the taxing state called the _____.

A) chain
B) nexus
C) cartel
D) band
E) network

Question 54

The mere existence of most government programs automatically creates a new agency or expands the functions of an existing one. These agencies are providing _____.

A) specificity
B) expertise
C) protection
D) regulation
E) services

Question 55

Administering laws to prohibit distribution of adulterated, misbranded, or unsafe food and drugs is a function of _____.

A) FCC
B) FTC
C) FRB
D) FDA
E) FAA

Question 56

Which of the following is true about administrative agencies?

A) The actual regulatory activity is performed by administrative agencies.
B) An agency that issues rules having impact of laws is called quasi-judicial.
C) State and local governments do not have agencies.
D) A quasi-legislative makes decisions like a court.
E) Federal government agencies license and regulate intrastate transportation.

Question 57

Administrative agencies are needed to provide specificity to:

A) refer a problem or area to experts for solution and management.
B) protect the public, especially from the business community.
C) replace competition with regulation.
D) develop detailed rules and regulations to carry out a legislative policy.
E) provide services, having been arisen out of necessity.

Question 58

Which of the following types of regulatory authorities issues rules that have an impact of laws?

A) Quasi-judicial
B) Quasi-executive
C) Quasi-legislative
D) Quasi-regulatory
E) Quasi in rem

Question 59

By express language or by comprehensive regulation, Congress shows that it intends to exercise exclusive control over a particular subject matter. This doctrine of interpreting regulation is known as _____.

A) executive privilege
B) separation of powers
C) nondelegation
D) federal preemption
E) concurrent powers

Question 60

In no federal law, a state law is unconstitutional if it:

A) is in irreconcilable conflict with federal law.
B) constitutes any burden on interstate commerce.
C) discriminates against intrastate commerce in favor of interstate commerce.
D) discriminates against interstate commerce in favor of intrastate commerce.
E) is in compromising conflict with the federal law.

Question 61

As the member of an agency, a secretary:

A) signs orders and official correspondence.
B) is the presiding officer at agency meetings.
C) represents the agency in court and often makes the decision to file suit or pursue other remedies.
D) supervises usual administrative functions such as accounting, budgeting, and personnel.
E) provide for interaction between regulators and those being regulated.

Question 62

To what extent do the federal and state governments have power to regulate foreign commerce?

Question 63

_____ is a court-created rule that limits when courts can review administrative decisions.

A) The doctrine of estoppel
B) the doctrine of exhaustion of remedies
C) The doctrine of lapse
D) the doctrine of primary jurisdiction
E) The doctrine of precedent

Question 64

Police powers have limitations. Explain.

Question 65

Which of the following is true about an advisory council?

A) It is more important than the other agency members because of visibility and the power to appoint staff.
B) It coordinates the activities of the agency with others involved in the regulatory process.
C) It makes the decision to file suit or pursue other remedies.
D) It supervises usual administrative functions such as accounting, budgeting, and personnel.
E) It is not appointed by the agency, even though it is interested in the agency's mission.

Question 66

How has been the Controlled Substances Act (CSA) interpreted?

Question 67

Which of the following members of an agency requires Senate approval while being appointed?

A) Secretary
B) Advisory council
C) General counsel
D) Chairperson
E) Executive director

Question 68

Which of the following issues of administrative agencies relates to the substantive outcome of agencies' rule-making and adjudicating authority?

A) It is very difficult to discharge unsatisfactory employees.
B) The reward system usually does not make a significant distinction between excellent, mediocre, and poor performances.
C) The administrative process is overwhelmed with paperwork and with meetings.
D) Enforcement of some laws varies over time.
E) There is often a lack of enforcement procedures to follow up on actions taken to ensure compliance.

Question 69

Summarize police powers.

Question 70

Which of the following functions allows an agency to gather and compile information concerning the organization and business practices of any corporation or industry engaged in commerce to determine whether there has been a violation of any law?

A) adjudicating
B) advising
C) rule making
D) investigating
E) determining

Question 71

The _____ function involves both fact-finding and applying law to the facts.

A) adjudicating
B) advising
C) rule making
D) investigating
E) determining

Question 72

How is the exclusively federal area of government regulation different from the exclusively state area?

Question 73

The _____ function of an administrative agency is accomplished by making reports to the president or the Congress.

A) adjudicatory
B) advisory
C) rule making
D) investigatory
E) determinacy

Question 74

A(n) _____ has significant impact on policy and is often as powerful as a commissioner or board member.

A) secretary
B) advisory council
C) general counsel
D) chairperson
E) executive director

Question 75

Which of the following is an issue of administrative agencies that relates to the people involved?

A) The volume of rules adopted by agencies is beyond the ability of the business community to keep up with and comply with.
B) The reward system usually does not make a significant distinction between excellent, mediocre, and poor performances.
C) The administrative process is overwhelmed with paperwork and with meetings.
D) Enforcement of some laws varies over time.
E) There is often a lack of enforcement procedures to follow up on actions taken to ensure compliance.

Question 76

A(n) _____ is designated as such at the time of nomination by the president and is the presiding officer at agency meetings.

A) secretary
B) advisory council
C) general counsel
D) chairperson
E) executive director

Question 77

The administrative process being overwhelmed with paperwork and with meetings is an issue of administrative agencies that relates to the _____.

A) process followed
B) people involved
C) input of information
D) follow-up investigation
E) substantive outcomes

Question 78

Which of the following doctrines applies when a claim is originally filed in the courts?

A) The doctrine of estoppel
B) the doctrine of exhaustion of remedies
C) The doctrine of lapse
D) the doctrine of primary jurisdiction
E) The doctrine of precedent

Question 79

What is the Commerce Clause? What are the analyses required under this clause?

Question 80

How broad is the power of Congress over commerce?