BULE 303 Exam #1 MindTap

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

agency guidance agency regulations executive orders agency opinions b,c,d

What is the term given to an administrative decision that is unreasonable or implausible in light of the facts and evidence?

arbitrary and capricious

What is the exhaustion doctrine?

A person may seek judicial review of an agency decision only after they have followed all agency procedures to obtain a remedy for their complaint and have obtained a final order from the agency.

In the United States, who creates federal statutory law?

Congress

The legislation that requires an administrative agency to respond to requests from citizens for agency records is called the:

Freedom of Information Act (FOIA).

A restriction on commercial speech will be valid if it meets three criteria. What are they?

It must not be overly restrictive to meet its objectives. It must directly advance a government interest. It must seek to implement a substantial government interest.

What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights?

Rational basis review

What are the three levels of scrutiny used by courts to determine the constitutionality of a government action?

Strict scrutiny, intermediate scrutiny, and rational basis review

The Administrative Procedure Act (APA) is the federal law that does what?

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

Which of the following citations indicates that the citation is referencing state statutory law? Choose 2 answers.

a.) 856 S.W.2d 12 (Ark. 1993) b.) 24 C.F.R. Part 570 c.) Ark. Code Ann. § 6-17-2401 (2020) d.) Cal. Penal Code § 11164(a) (West 2020) C&D

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

a.) An ALJ's final order may be re-tried in a federal district court. b.) An ALJ presides over an administrative hearing and issues an order that, when final, may be reviewed by a court. c.) An ALJ's final order may not be reviewed by a court. d.) An ALJ's final order may only be overturned by a court if it is unreasonable. B

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

a.) An administrative agency is formed by enabling legislation that also provides the authority to establish regulations that will implement and enforce the law. b.) As part of the executive branch, a federal administrative agency is formed by the president to establish regulations that will implement and enforce the law. c.) Most federal administrative agencies are subject to the authority of the president, but some are independent. d.) A federal administrative agency is given its authority in the U.S. Constitution. A&C

What is true of corporate political speech?

a.) Corporate political speech is protected by the First Amendment. b.) Political donations are protected by the First Amendment as types of corporate political speech. c.) Corporate political speech is more restricted than corporate commercial speech. d.) Corporate political speech is strongly restricted in a presidential election year. Assessment question A&B

How a hearing or court case is conducted is governed by

a.) Procedural Law b.) Statutory Law

Zayden was recently arrested for driving while intoxicated. The law in his state defines the crime of driving while intoxicated as operating a motor vehicle on the public roads with a blood alcohol content over 0.8%. State law also states that anyone convicted of this crime has the right to appeal. Zayden recently took a criminal justice course in college and remembers studying the differences between substantive and procedural law. In his current situation, he knows that:

a.) The law that defines the crime is a procedural law, and the law that provides for the right to appeal is a substantive law. b.) The law that defines the crime is a substantive law, and the law that provides for the right to appeal is a procedural law. B

Which of the following is an example of federal agency regulations that impact business operations?

a.) U.S. Supreme Court decisions b.) The Consumer Protection Act c.) wage and hour laws d.) Internal Revenue Service rules for business tax audits D

The abbreviation "U.S." in the legal citation Brown v. Board of Education, 347 U.S. 483 (1954) references the:

a.) United States Reports b.) United States Supreme Court Reports Lawyers' Edition c.) United States d.) U.S. Supreme Court A

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

a.) a court's removal of an agency officer b.) judicial review of the agency's orders on appeal c.) a court's modification of the agency's authority d.) judicial review of the agency's regulations B&D

Megan Kanka was raped and murdered in 1994, when she was only seven years old, by one of her neighbors. As a result of her murder, a federal statute was created that requires law enforcement authorities to make information available to the public regarding registered sex offenders. This federal statute was created by:

a.) a federal agency. b.) the U.S. Supreme Court. c.) a federal district court. d.) Congress.

What is the system of government called in which states form a union and share sovereign power with the central government of the union?

a.) bureaucracy b.) federalism c.) democracy d.) republicanism B

Elton is a state representative for the North Dakota legislature. Recently, Elton and his colleagues in the legislature proposed a law that would increase the penalty drivers would have to pay if they pass a stopped school bus. The type of law that Elton and his colleagues will enact is known as:

a.) common law. b.) statutory law. c.) administrative law. d.) an ordinance. B

State statutory law is created by:

a.) elected congressional members. b.) the governor. c.) elected members of the judiciary. d.) elected members of the state legislature. D

If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may:

a.) invalidate the law. b.) require the legislature to amend the law. c.) modify the law. d.) interpret the law. A

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

a.) issue restraining orders b.) conduct a hearing to obtain a final order c.) investigate complaints and possible violations of its regulations or the law d.) issue a subpoena B,C,D

Judge Jasper believes that law is just one of many institutions in society and that it is shaped by social forces and needs. Judge Jasper believes in the theory of jurisprudence called:

a.) legal realism b.) legal positivism c.) the natural law theory A

A legal citation for a court decision is used by legal professionals to research the law, and includes:

a.) plaintiff and defendant names, and facts of the case. b.) a summary of the case. c.) party names and the court's holding. d.) party names, location of the published case, court, and date of decision. D

Joan's lawyer, Albert, feels pretty good about the chances of winning Joan's case. He has found a case directly on point, which means it has the same issue and very similar facts. If the court follows the decision in the case Albert found, then Joan will win her case. Albert argues Joan's case to the trial court, and the trial court decides for Joan. The fact that the trial court decided the case in Joan's favor is an example of:

a.) precedent. b.) common law. c.) stare decisis. d.) persuasive authority. C

Substantive law governs a person's:

a.) procedural responsibilities. b.) ethical responsibilities. c.) regulatory responsibilities. d.) rights and responsibilities. D

Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law?

a.) the Commerce Clause b.) the Supremacy Clause c.) the Equal Protection Clause d.) the Bill of Rights B

What is the term for a court's determination that an administrative agency decision is the result of plain error or mistake?

abuse of discretion

What do legal professionals use to analyze court decisions that are relevant to their clients' cases?

case briefing

What is the medium level of scrutiny, sometimes called heightened scrutiny, that a court will use when deciding a case that involves a quasi-suspect class?

intermediate Scrutiny

Legal researchers will use which of the following tools to locate a court decision?

online legal research engines such as Lexis, Westlaw, or Bloomberg AND bound volumes of reported court decisions, organized by jurisdiction, date, and courts