Exam 2 - Admin Law Quiz (Ch. 19) Flashcards

1
Q

Enabling legislation specifies the powers of an agency (True or False)

A

True

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2
Q

Most federal agencies are part of the executive branch of government (True or False)

A

True

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3
Q

To create an agency, Congress enacts enabling legislation (True or False)

A

True

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4
Q

Agency rules are not as legally binding as the laws that Congress enacts (True or False)

A

False

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5
Q

After an agency adjudication, the administrative law judge’s order must be appealed to become final (True or False)

A

False

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6
Q

Congress has no power to influence agency policy (True or False)

A

False

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7
Q

The Administrative Procedure Act provides for judicial review of most agency actions (True or False)

A

True

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8
Q

When a new regulation will have a significant impact on a substantial number of small entities, an analysis must be conducted to measure the cost imposed on small businesses (True or False)

A

True

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9
Q

Courts generally defer to an agency’s findings on facts within the area of its expertise (True or False)

A

True

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10
Q

An agency cannot conduct a search without a warrant (True or False)

A

False

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11
Q

Congress has the power to establish an agency with functions that include

a. adjudication
b. prevarication
c. qualification
d. regurgitation

A

a. adjudication

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12
Q

Like other federal agencies, the Environmental Protection Agency may obtain information concerning activities and organizations that it oversees by issuing a

a. complaint
b. rule
c. subpoena
d. judgement

A

c. subpoena

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13
Q

In making rules, the procedures of the Equal Employment Opportunity Commission and other federal agencies normally includes a period during which

a. judges are asked about a proposed rule
b. probable violators of a proposed rule are notified and publicized
c. the administrators “notice” a problem and “comment” on it
d. the public is asked to comment on a proposed rule

A

d. the public is asked to comment on a proposed rule

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14
Q

The Occupational Safety and Health Administration (OSHA) issues a subpoena for Precision Systems Corporation to hand over its files. Precision’s possible defenses against the subpoena include

a. OSHA cannot issue a subpoena
b. OSHA is a federal agency, but Precision only does business locally
c. OSHA’s request is not specific enough
d. OSHA’s request violates Precision’s right to privacy

A

c. OSHA’s request is not specific enough

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15
Q

The Federal Trade Commission (FTC) issues an order relating to the advertising of Discount Mart, Inc. Discount appeals the oder to a court. The court may review whether the FTC’s action is

a. arbitrary, capricious, or an abuse of discretion
b. discourteous, disrespectful, or dissatisfying to one or more parties
c. flippant, wanton, or in disregard of social norms
d. impious, non-utilitarian, or in violation of ethical precepts

A

a. arbitrary, capricious, or an abuse of discretion

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16
Q

The Federal Energy Regulatory Commission (FERC) wants to close a series of its meetings to the public. To open the meetings, Jennifer or any citizen could sue the FERC under

a. the Freedom of Information Act
b. the Government-in-the-Sunshine Act
c. the Regulatory Flexibility Act
d. no federal or state law

A

b. the Government-in-the-Sunshine Act

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17
Q

The U.S. Fish and Wildlife Service orders Elin to stop using a certain type of fishing net from her boat. To appeal this order to a court, Elin must

a. appeal simultaneously to the agency and the court
b. bypass all administrative remedies and appeal directly to the court
c. exhaust all administrative remedies
d. ignore the agency and continue using the net

A

c. exhaust all administrative remedies

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18
Q

The National Oceanic and Atmospheric Administration (NOAA) is a federal agency. To limit the authority of the NOAA, the president can

a. abolish the NOAA
b. take away NOAA’s power
c. refuse to appropriate funds to NOAA
d. veto legislative modifications to NOAA’s authority

A

d. veto legislative modifications to NOAA’s authority

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19
Q

The Federal Communications Commission (FCC) publishes notice of a proposed rule. When comments are received about the rule, the FCC must respond to

a. all of the comments
b. any significant comments that bear directly on the proposed rule
c. only comments by businesses engaged in interstate commerce
d. only comments by businesses that will be affected by the rule

A

b. any significant comments that bear directly on the proposed rule

20
Q

Sol is an administrative law judge (ALJ) for the National Labor Relations Board. In hearing a case, Sol has the authority to make

a. decisions binding on the federal courts
b. determinations of fact
c. new laws
d. new rules

A

b. determinations of fact

21
Q

In order to create a federal administrative agency, what kind of legal action is taken?

a. The president issues an executive order.
b. Congress issues an injunction against all state activity in an area.
c. Enabling legislation is passed by Congress.
d. Agencies may be created without any formal action at all.

A

c. Enabling legislation is passed by Congress.

22
Q

Which of the following is an example of an independent regulatory agency?

a. The Department of Justice.
b. The Securities and Exchange Commission.
c. The Office of Management and Budget.
d. The Treasury Department.

A

b. The Securities and Exchange Commission.

23
Q

The major difference between independent regulatory agencies and executive agencies is that:

a. executive agencies are subject to the authority of the president to a greater degree than independent regulatory agencies are.
b. independent regulatory agencies are subject to the authority of the Congress.
c. executive agencies only report to Congress.
d. executive agencies are directly controlled by courts.

A

a. executive agencies are subject to the authority of the president to a greater degree than independent regulatory agencies are.

24
Q

The basis for all administrative law is:

a. the Supreme Court decision in Wickard v. Filburn.
b. Article I of the Constitution.
c. the Declaration of Independence.
d. Article III of the Constitution.

A

b. Article I of the Constitution.

25
Q

Administrative agencies are often referred to as:

a. the fourth branch of government.
b. the legislative branch of government.
c. the judicial branch of government.
d. the confiscatory branch of government.

A

a. the fourth branch of government.

26
Q

When an administrative agency decides to create a new rule, what must it do as a first step?

a. Publish a notice of the proposed rulemaking proceeding in the Federal Register.
b. Issue a subpoena.
c. Issue the rule.
d. Gather information through an on–site inspection.

A

a. Publish a notice of the proposed rulemaking proceeding in the Federal Register.

27
Q

With respect to administrative agency investigations, a subpoena duces tecum does what?

a. It compels an individual to submit interrogatories to an administrative agency.
b. It compels an individual to appear at a deposition.
c. It compels an individual to testify before an administrative agency.
d. It compels an individual or organization to hand over books, papers, records, or documents to an administrative agency.

A

d. It compels an individual or organization to hand over books, papers, records, or documents to an administrative agency.

28
Q

Charges that an individual or firm violated an administrative rule are first brought before:

a. a trial court judge.
b. an appellate court.
c. a district court.
d. an administrative law judge (ALJ).

A

d. an administrative law judge (ALJ).

29
Q

Following a hearing, an administrative law judge first issues:

a. an initial order.
b. an objection.
c. a subpoena.
d. a final summation.

A

a. an initial order.

30
Q

The Government in the Sunshine Act requires:

a. the federal government to disclose certain records to any person upon request.
b. states to create parallel administrative agencies.
c. the federal government to disclose all records.
d. meetings of administrative agencies to be open to public observation.

A

d. meetings of administrative agencies to be open to public observation.

31
Q

Administrative law is created by:

a. Congress.
b. administrative agencies, not by legislatures.
c. state legislatures.
d. legislatures, not by administrative agencies.

A

b. administrative agencies, not by legislatures.

32
Q

Statutes enacted by Congress that authorize the creation of an administrative agency and specify the name, composition, and powers of the agency being created are referred to as:

a. creating legislation.
b. authorizing legislation.
c. initial legislation.
d. enabling legislation.

A

d. enabling legislation.

33
Q

The organizational structure, consisting of government bureaus and agencies, through which the government implements and enforces the law, is known as:

a. legislatures.
b. administrative agencies.
c. bureaucracy.
d. administrative control.

A

c. bureaucracy.

34
Q

This doctrine requires that a regulated party use all of its potential administrative remedies before going to court, even though the party might prefer to go straight to independent federal courts, rather than going through the administrative adjudication process. This doctrine is:

a. the preclusion doctrine.
b. the exhaustion doctrine.
c. None of these choices.
d. the elimination doctrine.

A

b. the exhaustion doctrine.

35
Q

There are two basic types of administrative agencies, executive agencies and:

a. state agencies.
b. independent regulatory agencies.
c. local agencies.
d. legislative agencies.

A

b. independent regulatory agencies.

36
Q

The actions undertaken by administrative agencies when formally adopting new regulations or amending old ones is:

a. regulation adoption.
b. rulemaking.
c. rule amendment.
d. None of these choices.

A

b. rulemaking.

37
Q

A procedure in agency rulemaking that requires (1) notice, (2) opportunity for comment, and (3) a published draft of the final rule is:

a. rulemaking.
b. notice-and-comment rulemaking.
c. notice, comment, and final rule rulemaking.
d. notice rulemaking

A

b. notice-and-comment rulemaking.

38
Q

At issue in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. was whether:

a. administrative agencies have judicial powers.
b. the courts should defer to an agency’s interpretation of a statute giving it authority to act.
c. None of these choices.
d. the agency should defer to a court’s interpretation of a statute giving it authority to act.

A

b. the courts should defer to an agency’s interpretation of a statute giving it authority to act.

39
Q

After final rules are issued, agencies conduct investigations to monitor:

a. compliance with those rules or the terms of the enabling statute.
b. compliance with those rules only.
c. None of these choices.
d. compliance with the terms of the enabling statute only.

A

a. compliance with those rules or the terms of the enabling statute.

40
Q

There are two basic types of subpoenas. One, a subpoena ad testificandum, is a writ, or order:

a. compelling both the witness to appear and to hand over books, papers, records, or documents to an agency.
b. compelling a witness to appear at an agency hearing.
c. None of these choices.
d. compelling an individual or organization to hand over books, papers, records, or documents to an agency.

A

b. compelling a witness to appear at an agency hearing.

41
Q

The Fourth Amendment protects against unreasonable searches and seizures by requiring that in most instances a physical search for evidence must be conducted under the authority of a:

a. search warrant.
b. court order.
c. evidential warrant.
d. administrative warrant.

A

a. search warrant.

42
Q

The order of an Administrative Law Judge (ALJ), immediately after a formal hearing is:

a. a negotiated settlement.
b. an initial order.
c. not subject to appeal.
d. a final order.

A

b. an initial order.

43
Q

Enacted in 1966, this act requires the federal government to disclose certain records to any person on request, even if no reason is given for the request. This is the:

a. Freedom of Information Act.
b. Freedom of Private Information Act.
c. None of these choices.
d. Freedom of Disclosure Act.

A

a. Freedom of Information Act.

44
Q

In 1976 Congress passed an open meeting law. It requires that “every portion of every meeting of an agency” be open to “public observation.” It is the:

a. Government Meeting Act.
b. Government in the Sunshine Act.
c. None of these choices.
d. Government Open Meeting Act.

A

b. Government in the Sunshine Act.

45
Q

Commonly, a state creates an agency:

a. independent of any agencies created by the federal government.
b. as a parallel to a federal agency to provide similar services on a more localized basis.
c. None of these choices.
d. to provide services in addition to those offered by agencies created by the federal government.

A

b. as a parallel to a federal agency to provide similar services on a more localized basis.