BLAW 371 - Ch. 17
B
Administrative agencies may issue subpoenas to obtain business documents that agencies need for law enforcement. Subpoenas may: (A) only be issued when there is good cause to believe that a violation of the law has occurred (B) be used to get confidential information (C) only be issued by a federal district judge (D) be used to obtain any information agencies want and no reasons need be given (E) none of the other choices
E
Agencies with statutory authority to require businesses to provide information may do which of the following: (A) require businesses to self-report on a regular basis (B) rely on observation by the agency by physical inspections (C) issue subpoenas, which force businesses to disclose relevant information from their files (D) rely on observation by the agency by physical inspections and issue subpoenas, which force businesses to disclose relevant information from their files (E) rely on observation by the agency by physical inspections and issue subpoenas, which force businesses to disclose relevant information from their files and require businesses to self-report on a regular basis
E
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) a & b (E) b & c
C
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
D
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
C
If a business is still unhappy with an agency's final decision after it has been reviewed by the agency head it: (A) cannot do anything further (B) can sue for damages (C) can seek review by the federal court (D) can implement sanctions against the agency (E) none of the other choices are correct
A
If a statute requires that administrative rule making must be "on the record" then the agency: (A) must hold hearings at which witnesses appear to testify about the proposed rule (B) need not hold hearings at which witnesses appear to testify about the proposed rule (C) must have both physical and electronic copies of all rules (D) need only have electronic copies of all rules (E) must have video recordings of the drafting of all relevant rules
D
In Black Beauty Coal Co. v. Federal Mine Safety and Health Review Commission, where a coal mine inspector believed a situation created a fire hazard for which he issued a "high negligence" citation that the company contested. The appeals court held that: (A) the mine inspector had no basis for the citation; it appeared to be personal opinion, so the citation was stricken (B) the mine inspector showed bias and hostility toward the mine operator that required the citation to be stricken (C) the mine inspector showed bias and hostility toward the mine operator that required the citation to be stricken (D) there was sufficient evidence to uphold the citation (E) none of the other choices
A
The purpose of the Government in the Sunshine Act is to: (A) limit secret meetings by administrative agencies (B) allow secret meetings by administrative agencies (C) limit pollution by administrative agencies (D) increase the power of administrative agencies (E) none of the other choices are correct
A
The usual public comment period for substantive rules is: (A) 60 to 90 days (B) 6 to 9 months (C) 1 year (D) 5 years (E) 30 days
B
There is no right to trial by jury in a hearing at an administrative agency to determine if the law has been violated because: (A) administrative agencies are not subject to the Constitution (B) there is no criminal or common-law cause (C) Congress is above the Constitution and Congress gives agencies their authority (D) the Supreme Court is not involved (E) none of the other choices are correct
D
When an administrative agency engages in rulemaking, it must first publish the proposed legislative rule, then it must: (A) conduct a trial-like hearing (B) examine witnesses from both sides of the issue (C) have open oral testimony by all interested parties (D) allow written commentaries by interested parties (E) all of the other choices
D
Which of the following is an example of an informal procedure for enforcing compliance with regulations: (A) tests and inspections (B) negotiations (C) settlements (D) all of the other specific choices are correct (E) none of the other specific choices are correct
E
____ 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
D
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) only a & b (E) a, b & c
C
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
C
If a business is unhappy with an agency sanction resulting from informal procedures it: (A) cannot do anything about it (B) can appeal to the Supreme Court (C) can seek review, beginning with the agency head (D) can request monetary compensation (E) none of the other choices are correct
D
Some administrative agency investigations lead to a formal complaint being filed against a business. This may result in a trial heard by an administrative law judge (ALJ). ALJs are: (A) at the lowest level of the federal judicial system (B) the regulatory agency equivalent of an appellate judge (C) are not judges because they only hear the facts of cases (D) are employees of administrative agencies (E) are employees of administrative agencies and the regulatory agency equivalent of an appellate judge
B
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
B
Testing by the EPA for excessive air pollution emissions is an example of acquiring information by: (A) indirect observation (B) direct observation (C) power of subpoena (D) direct enforcement (E) obvious observation
A
The ____ makes most documents held by federal agencies available to the public. (A) Freedom of Information Act (B) Data Quality Act (C) Data Obtaining Act (D) Privacy Act (E) Scientific and Technical Support Act
D
The ____ requires that unless an exception applies, notice and prior consent are required before an agency can disclose information that concerns and identifies an individual. (A) Open Records Act (B) Data Quality Act (C) Data Obtaining Act (D) Privacy Act (E) Sunshine Act
B
The court's review of an agency's statutory interpretation is generally afforded: (A) an intense scope of review of all aspects (B) a careful review with respect to statutory interpretation, compared to a lesser review of technical judgments in the regulatory process (C) a low intensity scope of review only looking for possible violations of constitutional rights (D) complete acceptance with no review, since the power of Congress is absolute in this regard (E) a with respect to regulatory agencies; c with respect to acts of Congress.
E
The courts generally will not find that an agency's decisions are arbitrary, capricious, or an abuse of discretion if: (A) the agency has sufficiently explained the facts and its policy concerns (B) the agency has established a factual basis that is in the agency's record (C) a reasonable person could reach the same judgment as the agency on the basis of the agency's record (D) a & b (E) a, b & c
B
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
D
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
A
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
C
The procedural requirement of ____ requires that a party seeking judicial review must demonstrate that it incurred an injury recognized by law as a result of the agency's action. (A) jurisdiction (B) reviewability (C) standing (D) ripeness (E) exhaustion
A
The procedural requirement of ____ requires that the complaining party may seek judicial review only in courts that have power to hear the case. (A) jurisdiction (B) reviewability (C) standing (D) ripeness (E) exhaustion
C
When Congress grants courts the ability to review administrative actions, it may: (A) only specify the subject matter of court review (B) only specify the personal jurisdiction of the court (C) only specify that in rem jurisdiction is permitted (D) specify the outcomes of court adjudications (E) none of the other choices
B
Which of these is not a procedural requirement for judicial review of an agency decision: (A) ripeness (B) discretion (C) exhaustion (D) jurisdiction (E) standing
E
Which of these is not a procedural requirement for judicial review of an agency decision: (A) ripeness (B) exhaustion (C) jurisdiction (D) standing (E) all of the other choices are requirements
C
265. In a hearing at an administrative agency, to determine if the law has been violated: (A) defendants have the right to a jury trial (B) defendants may have a jury trial if the agency agrees to one (C) there is no right to a jury trial (D) there is no right to jury trials except in cases involving agency common law (E) there is no right to jury trials in regulatory cases unless there is a possibility of a death sentence
B
A federal agency collects documents in its law enforcement activities. Except for trade secrets, these documents are: (A) always secret, under the Privacy Act, unless used in court (B) available to the public under the Freedom of Information Act, unless they concerns information about individuals protected by the Privacy Act (C) available to the public under the Government in the Sunshine Act, unless it concerns information about individuals protected by the Privacy Act (D) all available to the public under the Federal Sunshine Act (E) none of the other choices
C
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
A
A legal instrument that directs the person receiving it to appear at a specified time and place to testify or to produce documents is a(n): (A) subpoena (B) regulatory summons (C) violation summons (D) administrative summons (E) agency summons
B
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
D
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
D
A person who wishes to bring a complaint against another person or business for violation of a statute administered by a federal agency must first: (A) receive approval of the appropriate district court judge to file suit (B) receive approval of the appropriate U.S. district attorney to file suit (C) exhaust all legislative channels before bringing suit (D) exhaust all administrative channels before bringing suit (E) convince the ALJ that the case warrants a review
B
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
A
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
B
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
C
Adjudicatory hearings are initiated by: (A) a business filing a complaint (B) the Supreme Court filing a complaint (C) an agency filing a complaint (D) a business refusing to respond to a complaint (E) an agency issuing sanctions against a business
A
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
C
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
D
Administrative agencies enforce regulations by doing which of the following: (A) requiring businesses to self-report (B) direct observation by agency personnel (C) direct observation by Congressional staff (D) requiring businesses to self-report and direct observation by agency personnel (E) requiring businesses to self-report and direct observation by agency personnel and direct observation by Congressional staff
D
An administrative agency's final budget must be agreed on by: (A) the House of Representatives and the Senate (B) the Supreme Court and the President (C) the Supreme Court, the President and the Vice President (D) the House of Representatives, the Senate and the President (E) The House of Representatives and the Vice President
B
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
D
As agency regulatory activities have expanded, agencies have relied more heavily on: (A) the federal court system (B) penal sanctions (C) executive branch assistance (D) informal agency procedures (E) the federal court system and penal sanctions
D
Businesses have contested fines resulting from regulations that require mandatory self- reporting of data. They contended that self-reporting of violations violated the Fifth Amendment prohibition against self-incrimination. The Supreme Court has ruled that: (A) the self-incrimination privilege of the 5th Amendment applies to individuals only (B) corporations are not protected by the self-incrimination privilege of the 5th Amendment (C) the self-incrimination applies to businesses if the charge may be for criminal penalties, but not for civil penalties (D) the self-incrimination privilege of the 5th Amendment applies to individuals only and corporations are not protected by the self-incrimination privilege of the 5th Amendment (E) the self-incrimination privilege of the 5th Amendment applies to individuals only and corporations are not protected by the self-incrimination privilege of the 5th Amendment and the self-incrimination applies to businesses if the charge may be for criminal penalties, but not for civil penalties
C
During a formal rulemaking process, an agency may: (A) send the proposed rule to the oversight committee in Congress for a vote (B) send the proposed rule to the U.S. Court of Appeals for review of constitutionality (C) hold an investigatory hearing that may include witnesses who testify about the rule (D) all of the other specific choices (E) none of the other choices
C
During a hearing at an administrative agency to determine if the law has been violated the agency is represented by its: (A) lower level employees (B) shareholders (C) counsel (D) county judge (E) none of the other choices are correct
A
Five procedural requirements for judicial review of a challenge to an agency decision are: (A) jurisdiction, reviewability, standing, ripeness and exhaustion (B) jurisdiction, standing, ripeness, exhaustion, and appealability (C) reviewability, ripeness, exhaustion, diversity of action, and venue (D) ripeness, exhaustion, jurisdiction, reviewability, and discretion (E) none of the other choices
C
In Dow Chemical Co. v. U.S., where the EPA took aerial photographs of a Dow plant to see if the plant produced too much pollution, the Supreme Court held that: (A) the plant was located in an industrial park, not on property owned by Dow, this kind of inspection was legal (B) anyone was allowed entry the plant grounds, the EPA had the right to use "entry" by air (C) although entry to the plant was prohibited to the public, aerial photos did not violate the 4th Amendment (D) the plant was closed to the public, a warrant had to be obtained to view the plant from the air or the ground (E) none of the other choices
A
In Japan, as compared to the U.S., administrative agencies exert: (A) strong regulatory control over business (B) a weak force over the activities of businesses (C) only warnings to businesses (D) only highly formalized suggestions to businesses (E) none of the other choices
B
In a case involving judicial review of an administrative agency's decision, the court's ____ determines how far it can go in examining the action. (A) judicial scope (B) scope of review (C) ability to review (D) extent of review (E) substantive scope
D
In a hearing at an administrative agency, to determine if the law has been violated: (A) defendants have the right to a jury trial (B) there may be no witnesses (C) the procedure is the same as in a court trial (D) Constitutional rights must be protected (E) all of the other choices
A
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
D
In reviewing informal agency procedures, the courts are generally most concerned about: (A) whether the particular agency procedure was fair (B) whether the decision was consistent with the legislative intent of Congress (C) courts do not review agency informal procedures (D) whether the particular agency procedure was fair and whether the decision was consistent with the legislative intent of Congress (E) none of the other choices
C
Informal agency procedures may include: (A) obtaining evidence by a subpoena issued by a federal judge (B) hearings with a Department of Justice attorney (C) tests and inspections (D) federal court hearings (E) none of the other choices
A
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
D
Observations of regulatory violations made from areas open to the public are known as: (A) "open-air" observations (B) "close-air" observations (C) "free-field" observations (D) "open-field" observations (E) "public-field" observations
C
The Federal Trade Commission handles: (A) discrimination cases (B) employment cases (C) antitrust cases (D) food and drug regulation cases (E) compensation cases
D
The administrative agency equivalent to a court trial is: (A) a commissioner's hearing (B) a Congressional review (C) a rulemaking (D) an adjudicatory hearing (E) none of the other choices
B
The appeal process that serves as an external check on agency power is known as: (A) judicial appeal (B) judicial review (C) independent review (D) independent appeal (E) agency checking
A
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
B
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
E
The procedural requirement of ____ requires that a party seeking judicial review must have sought relief through all possible agency appeal processes before seeking review by the courts. (A) jurisdiction (B) reviewability (C) standing (D) ripeness (E) exhaustion
B
The procedural requirement of ____ requires that an appellate court has the ability to reconsider an agency decision to determine whether correction or modification is needed. (A) jurisdiction (B) reviewability (C) standing (D) ripeness (E) exhaustion
D
The procedural requirement of ____ requires that there can be no judicial review until the agency's decision is final so that the court will have the final issues in the case before it and not hypothetical questions or unresolved disputes. (A) jurisdiction (B) reviewability (C) standing (D) ripeness (E) exhaustion
D
When a court reviews the way an agency interprets a statute, it will use which scope of judicial review: (A) the lowest scope possible (B) strict scrutiny compared to review of procedural requirements (C) an arbitrary and capricious standard compared to review of procedural requirements (D) less scrutiny compared to review of procedural requirements (E) remote effects scrutiny
B
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
D
When an agency proposes a legislative (substantive) rule it must publish it for public inspection in the: (A) Congressional Quarterly (B) Administrative Reporter (C) Federal Supplement (D) Federal Register (E) Code of Federal Regulations
C
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
D
Which classification of administrative rules are usually the most important: (A) interpretative (B) agency (C) procedural (D) substantive (E) none of the other choices are correct
B
Which department usually handles the prosecution of criminal cases that are heard in federal court when an agency brings criminal charges against a party: (A) the Department of Agencies (B) the Department of Justice (C) the Department of Defense (D) the Department of Regulation (E) the Department of Business
D
Which of the following is a benefit of agencies using informal procedures: (A) informal procedures generally require less time (B) informal procedures generally cost less (C) informal procedures are more thorough (D) both a and b are correct (E) none of the other choices are correct
D
Which of the following is a way in which information about compliance with federal laws is obtained: (A) regulated businesses are required to self-report (B) direct observation determines if a business is following the law (C) agency subpoena power is used to require a business to produce documents (D) all of the other specific choices are correct (E) none of the other specific choices are correct
E
Which of the following is a way that Japanese agencies may use to exert regulatory authority over businesses: (A) direction (B) request (C) warning (D) encouragement (E) all of the other specific choices are correct
E
Which sanction is not available to any federal regulatory agency? (A) imposition of a fine (B) revocation of a business license (C) assessment for damages (D) destruction or seizing of business property (E) all of the other choices are available
B
Who ensures that an agency has not exceeded its authority or violated proper procedure in issuing a final rule: (A) the state supreme courts (B) the U.S. Court of Appeals (C) the President of the United States (D) Congress (E) the House of Representatives
