Question 1

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

Accepted Answer

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

Question 2

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

Accepted Answer

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

Question 3

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

Accepted Answer

A) True 
 B)False  TRUE

Question 4

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

Accepted Answer

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

Question 5

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

Accepted Answer

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

Question 6

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

Accepted Answer

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

Question 7

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

Accepted Answer

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

Question 8

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

Accepted Answer

The answer of State three interests that are protected by...

Question 9

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

Accepted Answer

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

Question 10

Are agencies bound to follow the Constitution? Explain.

Accepted Answer

The answer of Are agencies bound to follow the Constitution?...

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:

Accepted Answer

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

Question 12

Distinguish procedural and substantive due process.

Accepted Answer

The answer of Distinguish procedural and substantive due process....

Question 13

Explain two reasons for judicial review.

Accepted Answer

The answer of Explain two reasons for judicial review....

Question 14

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

Accepted Answer

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

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer