Chapter 4
Which of the following statements are applicable to the doctrine of stare decisis?
A lower court must follow the precedent of a decision made by a higher court in the same jurisdiction Stare decisis is a principle that arose out of the common law.
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.
Which of the following statements explains the formation and purpose of a federal administrative agency?
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.
Under the common law
In a case of first impression, a judge may use persuasive authorities rather than precedents
The judicial branch may limit an administrative agency's actions by which of the following?
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?
Must follow the agency appeal process Must show direct harm.
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
administrative law judge (ALJ)
an agency employee who acts as an impartial decision maker
subpoena
an order to appear at a particular place and time. A subpoena duces tecum requires the person to produce certain documents or things
The Administrative Procedure Act imposes controls on agencies by requiring basic fairness in areas no regulated by the enabling legislation. This method of reining in powerful agencies is a form of
statutory control
State decisis
"Let the decision stand," that is, ruling from a previous case
What is the role of an administrative law judge (ALJ)?
An ALJ is an employee of the agency bringing the charges.
Steps for creating a statutory law include filling a bill in the legislature, debating and voting on a bill in committees and in the legislative assemble, and ultimately:
Becoming an act when signed by the president or state governor, or it vetoed, when the veto is overridden.
When an agency needs to enforce the law or its regulations, it may exercise which of the following powers?
Conduct a hearing to obtain a final order investigate complaints and possible violations of its regulations or the law issue a subpoena
The principle of stare decisis does which of the following?
Creates predictability in the legal system
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.
Agency rules are similar to statutes because
They are legal requirements and binding as if Congress has passed them.
Which of the following are sources of administrative law?
agency opinions executive orders agency regulations
bill
a proposed statue submitted to congress or a state legislature
even if a statue's words have ordinary, everyday significance the court will look at the legislative history of the law and public policy in order to interpret the statue
false
the doctrine of stare decisis, through vital to the creation of the common law when this country was settled, is not important to our modern, complex society.
false
what statement about interpretive rules is correct?
interpretive rules do not change the law.
Which branch of government has the authority to enact law
legislative
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.
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
veto
the power of the president to reject a law proposed by Congress
Which of the following is a true statement of the powers of a branch of a federal government?
the power to enact laws is invested in the legislative branch
Historically, the common law developed from:
the unification of local customs and laws in feudal England.
the purpose of the freedom of information act (FOIA) is
to give citizens, business, and organizations access to information that federal agencies are using
adjudicate
to hold a formal hearing about an issue and then decide it
the Freedom of Information Act (FOIA) does not apply to Congress, the federal courts, or the executive staff at the White House
true
to become law, the bill must be voted on and approved by both houses of Congress
true