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 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

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

Issue subpoena Investigate complaints and possible violations of its regulations or law Conduct a hearing to obtain a final order

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

Which branch of government has the authority to enact law?

Legislative

Dion is head of the National Security Agency, a subagency of the Department of Defense. Dion has held the position for years and feels comfortable that he is secure in his position. However, after Dion holds a press conference where he directly contradicts a statement the president made, he receives a letter from the president removing him from his position. Dion objects to the firing, stating that he can only be removed from office "for good cause." If Dion sues for being wrongfully removed from office, he will:

Lose because the president has the power to appoint and remove officers of executive federal agencies.

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

May create a new precedent

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.

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:

Stare Decisis

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 force the law Most federal administrative agencies are subject to the authority of the president, but some are independent

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

Which of the following are sources of administrative law?

Executive Orders Agency Regulations Agency Opinions

Roger has worked for an agency, the Federal Reserve, for ten years. Recently, Roger has heard rumors that multiple employees have contracted COVID-19, a highly contagious and potentially dangerous disease, although they have recovered completely. Nevertheless, Roger is still concerned about being around these people, so Roger asks his employer, the Federal Reserve, for a list of these employees. The Federal Reserve refuses, so Roger files a Freedom of Information Act (FOIA) request for the information. Under the FOIA, will the Federal Reserve provide Roger this list?

No, this information is confidential and personal

Rhea, a 45-year-old supervisor in a women's retail clothing store, recently learned that a younger co-worker was promoted to a position she had applied for. Rhea has more experience and more time with the company and has always gotten excellent scores in her annual reviews. Rhea files an action with the Equal Employment Opportunity Commission (EEOC) for age discrimination. The Administrative Law Judge (ALJ) issues an order in favor of Rhea. This decision of the ALJ is:

The final order in the case unless the store appeals.

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

Harold is the owner of Fairway Lawn Service, which provides lawn-care services to residential and commercial customers. Harold regularly sprays his customers' lawns with a pesticide that contains glyphosate. The Environmental Protection Agency (EPA) issues a citation to Harold for commercial use of the pesticide. The EPA says glyphosate can only be used in residential applications. Harold knows that this has not been the law in the past, so he searches the EPA website for information about glyphosate. Harold finds nothing that indicates glyphosate cannot be used in commercial applications, so Harold demands a hearing to dispute the citation he has been issued. Harold will probably:

Win because the EPA did not give notice of the rule change regarding glyphosate.