Chapter 4

What are the benefits of the exhaustion doctrine?

The exhaustion doctrine requires resolution of disputes within the agency without involving the court system, except when necessary.

Statutory law is to legislative bodies as common law is to

courts.

Which of the following are sources of administrative law? Choose 3 answers.

- agency opinions - executive orders - agency regulations

Which of the following statements explains the formation and purpose of a federal administrative agency? Choose 2 answers.

- an administrative agency is formed by enabling legislation that also provides the authority to establish regulations that will implement and enforce the law - most federal administrative agencies are subject to the authority of the president, but some are independent.

When an agency needs to enforce the law or its regulations, it may exercise which of the following powers? Choose 3 answers.

- issue a subpoena - conduct a hearing to obtain a final order - investigate complaints and possible violations of its regulations or the law

The judicial branch may limit an administrative agency's actions by which of the following? Choose 2 answers.

- judicial review of the agency's regulations - judicial review of the agency's orders on appeal

What must a party do before appealing an agency action in the court system? Choose 2 answer choices.

- must follow the agency appeal process - must show direct harm

Which of the following statements are applicable to the doctrine of stare decisis? Choose 2 answers.

- stare decisis is a principle that arose out of the common law - a lower court must follow the precedent of a decision made by a higher court in the same jurisdiction

What is the role of an administrative law judge (ALJ)?

An ALJ is an employee of the agency bringing the charges.

Which of the following statements correctly reflects the role of a federal administrative law judge (ALJ)?

An ALJ presides over an administrative hearing and issues an order that, when final, may be reviewed by a court.

The largest source of new law comes from court decisions.

False

You participate in Black Lives Matter protests and have begun studying the issues raised about police officers. Your local protest group believes the budget of the local police department should be made public as well as the training manuals used to prepare recruits for the job. You and the group want this information to help assess the effectiveness of the police department. For example, is the money well spent? Is training appropriate? What law enables citizens to obtain information from the government about a subject of interest when a written request is made?

Freedom of Information Act

Under the common law, which of the following is true?

In a case of first impression, a judge may use persuasive authorities rather than precedents.

The Administrative Procedure Act (APA) is the federal law that does which of the following?

The APA sets out the rule-making process for administrative agencies.

Assume that in December 2006, the Environmental Protection Agency (EPA) filed an administrative complaint against Marlin Firearms Co. alleging that the company exceeded chromium emissions limits. The EPA proposed a $257,162 fine. Which statement is correct concerning the administrative agency adjudication?

The losing party has a right to appeal.

Which of the following is a true statement of the powers of a branch of the federal government?

The power to enact laws is vested in the legislative branch.

Agency rules are similar to statutes because of which one of the following?

They are legal requirements and binding as if Congress has passed them.

A desire for predictability created the doctrine of stare decisis.

True

To become law, the bill must be voted on and approved by both houses of Congress.

True

Steps for creating a statutory law include filing a bill in the legislature, debating and voting on the bill in committees and in the legislative assembly, and ultimately:

becoming an act when signed by the president or state governor, or if vetoed, when the veto is overridden.

The principle of stare decisis does which of the following?

creates predictability in the legal system

The U.S. Supreme Court was asked to decide whether same-sex sexual harassment is a violation of Title VII of the Civil Rights Act. This law forbids discrimination in employment on the basis of sex. In interpreting statutes, the court may use all of the following EXCEPT

enabling legislation.

Which branch of government has the authority to enact law?

legislative

TECO Coal Corporation is interested in the inspections that the U.S. Bureau of Mines has conducted over the past year. To secure this information, TECO should

make a Freedom of Information Act request.

If a trial court judge is deciding an issue that has never come before the court (a case of first impression), they:

may create new precedent.

Common law is never as easy as we may like because the law is trying to accommodate both

predictability and flexibility.

Historically, the common law developed from:

the unification of local customs and laws in feudal England.