Chp 41 - BA3301

A subpoena _______ is used to force an individual or entity to produce documents or other physical evidence that might be important to an investigation. a. Duces tecum. b. Ad testificandum. c. Ad hoc. d. Per se.

a. Duces tecum.

Congress passed the _________ for the purpose of guaranteeing uniformity and fairness to all who are called to deal with federal administrative agencies. a. Administrative Procedure Act. b. Consumer Protection Act. c. Occupational Safety and Health Act. d. Equal Protection Act.

a. Administrative Procedure Act.

A[n] ________ functions within the executive branch of the federal government, but is not directly connected to an executive department. a. Independent agency. b. State agency. c. Executive agency. d. Legislative agency.

a. Independent agency.

Guidelines from an administrative agency to those members of society regulated by the agency are ________. a. Interpretive rules. b. Administrative procedures. c. Administrative remedies. d. Internal rules.

a. Interpretive rules.

The ________ protects the confidentiality of private information collected by federal government agencies and provides a mechanism for citizens to correct information that was submitted to an agency. a. Privacy Act of 1974 b. Executive Privilege c. Federal Reserve Act d. Clayton Act.

a. Privacy Act of 1974

Courts provide administrative agencies significant discretion to ________. a. Regulate in their area of expertise. b. Overturn judicial precedent. c. Disregard contractual language. d. Interpret the U.S. Constitution.

a. Regulate in their area of expertise.

A subpoena _______ is an order from an administrative agency compelling an unwilling witness to testify under oath at an administrative agency proceeding. a. Duces tecum. b. Ad testificandum. c. Ad hoc. d. Per se.

b. Ad testificandum.

A party challenging an administrative action must ________ before the dispute moves from the administrative agency to the judicial system. a. Successfully reverse the decision of the ALJ. b. Exhaust administrative remedies. c. Petition for writ of certiorari. d. Exhaust the applicable statute of limitations

b. Exhaust administrative remedies.

Administrative agency action will be ______ if constitutional rights were infringed upon or other aspects of the Constitution were not followed. a. Deferred to. b. Struck. c. Adopted. d. Modified.

b. Struck.

The _______ is used by courts to review formal rule-making of an administrative agency and to review a formal adjudication. a. De novo test. b. Substantial evidence test. c. Beyond a reasonable doubt standard. d. Preponderance of the evidence test.

b. Substantial evidence test

The _______ requires a court to overturn a newly-crafted agency rule only when there is a showing of no factual basis for the rule. a. Clear and convincing evidence standard. b. Substantial factor test. c. Arbitrary and capricious test. d. The preponderance of the evidence standard.

c. Arbitrary and capricious test.

Courts will apply the _________ when they give no deference to the administrative agency decision and make an independent determination of the facts after performing a new hearing. a. Arbitrary and capricious test. b. Blue-pencil rule. c. De novo test. d. Clear and convincing evidence standard.

c. De novo test.

At the federal level, a[n] _______ functions within an established cabinet department. a. Independent agency. b. State agency. c. Executive agency. d. Legislative agency.

c. Executive agency.

Congress passed the ________ with the purpose of empowering private citizens with tools to request information from the federal government. a. Truth in Lending Act b. Consumer Protection Act c. Freedom of Information Act d. National Labor Relations Act

c. Freedom of Information Act

Grizeldo recited the late night benediction at the Y'all Come Back Saloon too many winters. Griz had his driver's license suspended by the state department of transportation. He believes his constitutional due process rights were violated by the administrative agency. Can he immediately file a court action to have the agency's actions reviewed? a. Yes. A court has the jurisdiction to immediately review an agency's alleged unconstitutional action. b. Yes. Griz must specifically allege his constitutional rights have been violated and file a court action in federal court - not a state court. c. No. Griz must first utilize the administrative agency's procedures to review the suspension before he seeks judicial review by a court. d. No. A court of law does not have jurisdiction to review an administrative agency's actions.

c. No. Griz must first utilize the administrative agency's procedures to review the suspension before he seeks judicial review by a court.

A[n] ________ presides over an administrative hearing. a. Justice of the Peace. b. Chancellor. c. Arbitrator. d. Administrative Law Judge.

d. Administrative Law Judge.

An administrative agency's ________ are those policies and procedures an administrative agency adopts for its own in-house operation. a. Enforcement functions. b. Rulemaking functions. c. Adjudicatory functions. d. Internal rules.

d. Internal rules.

The party against whom an administrative complaint is filed is the _____, who is afforded the right to respond to the complaint in writing. a. Petitioner. b. Appellant. c. Plaintiff. d. Respondent.

d. Respondent.

The requirement that a person who wishes to sue show injury is called _______. a. Venue. b. Jurisdiction. c. Claim preclusion. d. Standing.

d. Standing.