Question 1

Which of the following is a limit on agency power?

Accepted Answer

A)   Political
B)   Statutory
C)   Informational
D)   Political, statutory, and informational
E)   Political and statutory, but not informationalF) C) and E)
G) B) and C)

Question 2

Which of the following has the power to create a federal agency?

Accepted Answer

A)   The House of Representatives
B)   The Senate
C)   Congress
D)   The President
E)   The Administrative Regulatory AgencyF) C) and D)
G) A) and D)

Question 3

Why are administrative agencies at times referred to as the "fourth branch of government," and is this assertion true?

Accepted Answer

Because legislative, judicial, and execu...

Question 4

Which of the following consists of the substantive and procedural rules created by administrative agencies involving applications, licenses, permits, available information, hearings, appeals, and decision making?

Accepted Answer

A)   Executive law
B)   Congressional law
C)   Administrative law
D)   Enabling law
E)   Rule lawF) A) and D)
G) B) and C)

Question 5

Reference - Four Paws Protection. Congress set up a new agency to more closely regulate testing of personal and cosmetic products on animals. Legislation was passed naming the agency the "Animal Protection Commission," and setting forth the function of the agency and its specific powers. Congress provided the agency with the power to make rules, investigate violations, and adjudicate charges of wrongdoing. The agency proceeded to properly give notice and issue rules. The rules provided for civil as well as for criminal penalties. Agency personnel issued an order for Fluffy Shampoo Corporation to attend a hearing regarding its animal testing and to bring to the hearing all company documents pertaining to animal testing. Fluffy Shampoo resisted on the basis that the agency had no power to compel its attendance at a hearing or to require it to provide any documents. Fluffy Shampoo also claimed that criminal penalties may not flow from violation of agency rules. The agency proceeded to issue a ruling that Fluffy Shampoo cease all activity based upon its refusal to cooperate. Which of the following is the correct term for legislation passed by Congress specifying the name, functions, and specific powers of the Animal Protection Commission?

Accepted Answer

A)   Enabling legislation
B)   Enacting legislation
C)   Approving legislation
D)   Administrative regulation
E)   Agency regulationF) C) and E)
G) B) and E)

Question 6

Executive agencies tend to focus on _______________ regulation whereas independent agencies are more often focused on _____________ regulation.

Accepted Answer

A)   Social; economic
B)   Political; safety
C)   Social; political
D)   Safety; social
E)   Economic; safetyF) A) and E)
G) A) and D)

Question 7

Which of the following is false regarding the Freedom of Information Act?

Accepted Answer

A)   Information may be obtained under the act regarding how an agency gets and spends its money.
B)   Citizens are entitled to any records that the government has about them.
C)   Records involving national security are exempted from the act.
D)   Information regarding the agency's personnel records may be obtained under the act.
E)   Records involving an individual's private life are exempted from the act.F) All of the above
G) C) and E)

Question 8

Executive agencies are referred to as which of the following?

Accepted Answer

A)   Judicial-level agencies
B)   Adjudicative agencies
C)   Cabinet-level agencies
D)   Approval agencies
E)   Presidential agenciesF) C) and D)
G) A) and C)

Question 9

The primary type of rule making used by administrative agencies is informal rule making.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following is a type of rule making done by agencies?

Accepted Answer

A)   Formal
B)   Informal
C)   Hybrid
D)   Formal, informal, and hybrid
E)   Formal and informal, but not hybridF) A) and C)
G) B) and E)

Question 11

What do the initials ALJ represent in the administrative law arena?

Accepted Answer

A)   Administrative Legal Journal
B)   Agency Legal Jargon
C)   Administrative Law Judge
D)   Agency Legal Judge
E)   Agency Law JurisprudenceF) B) and E)
G) C) and D)

Question 12

There is no right to a jury in administrative agency disputes.

Accepted Answer

A) True 
 B)False

Question 13

Reference - New Agency. Debby just got a job as an assistant in a new federal agency called the Accounting Commission that was set up to regulate the accounting and auditing profession. The agency is headed by commissioners who serve for fixed terms and cannot be removed for cause. Additionally, no more than a majority of the commissioners may be from the same political party. Her agency is getting ready to issue rules. The enabling legislation that set up the Accounting Commission specified that the agency could make rules but said nothing about the form of the rules. Debby's boss, Blaire, gave her some proposed rules and asked her to be sure that they were published and to take care of the next step in the approval process. Blaire also told her that at this point she was not very interested in hybrid rule making. What would be the next step in obtaining enactment of the rules after publication?

Accepted Answer

A)   A vote in Congress
B)   Approval by the president by executive order
C)   A public hearing
D)   Opportunity for all interested parties to submit written comments
E)   A hearing before an administrative law judgeF) B) and D)
G) A) and B)

Question 14

Which of the following is false regarding executive agencies at the federal level?

Accepted Answer

A)   The administrative head of an executive agency is appointed by the president with the advice and consent of the U.S. House of Representatives.
B)   Executive-agency heads may be discharged by the president at any time, for any reason.
C)   Executive agencies are usually under one of the cabinet-level departments.
D)   Executive agencies are generally located within the executive branch.
E)   Executive agencies tend to have responsibility for making rules covering a broad spectrum of industries and activities.F) None of the above
G) A) and B)

Question 15

There is no right of appeal from a decision of an administrative law judge.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following has the power to dissolve a federal agency?

Accepted Answer

A)   The House of Representatives
B)   The Senate
C)   Congress
D)   The President
E)   The Administrative Regulatory AgencyF) B) and C)
G) None of the above

Question 17

Set forth the steps involved in formal rule making.

Accepted Answer

Notice of the proposed rule making is pu...

Question 18

Which of the following was the result in YanJuWangv. GeorgeValverde, the case in the text in which the plaintiff sued for a mandate compelling that the Department of Motor Vehicles set aside its revocation of plaintiff's noncommercial driver's license based on her allegedly cheating on an exam for a commercial driver's license?

Accepted Answer

A)   The court ruled that the agency lacked statutory authority to revoke the noncommercial license.
B)   The court ruled that the agency failed to provide a proper hearing prior to revoking the noncommercial license.
C)   The court ruled that the agency could not revoke the noncommercial license because the plaintiff was not criminally prosecuted.
D)   The court ruled that the agency could revoke the noncommercial license because the plaintiff was criminally prosecuted.
E)   The court ruled that the agency could revoke the noncommercial license because it was granted the statutory authority to do so.F) B) and E)
G) C) and D)

Question 19

Which of the following is a federal executive agency?

Accepted Answer

A)   The Federal Deposit Insurance Corporation
B)   The Equal Employment Opportunity Commission
C)   The Nuclear Regulatory Commission
D)   The Federal Deposit Insurance Corporation, the Equal Employment Opportunity Commission, and the Nuclear Regulatory Commission
E)   The Federal Deposit Insurance Corporation and the Equal Employment Opportunity Commission, but not the Nuclear Regulatory CommissionF) A) and B)
G) A) and C)

Question 20

Which of the following is involved when an agency is referred to as a "captured" agency?

Accepted Answer

A)   A belief that agency officials are unduly influenced by past ties to the industry regulated by the agency.
B)   A belief that agency officials are unduly influenced by their political party.
C)   A belief that agency officials are unduly influenced by politicians in the state in which the agency is located.
D)   A belief that agency officials are unduly influenced by politicians in states most affected by the regulations put out by the agency.
E)   A belief that agency officials are unduly influenced by the desires of Congress.F) B) and E)
G) B) and C)

Exam 3: The Us Legal System and Alternative Dispute Resolution

Correct Answer
verified

Which of the following consists of the substantive and procedural rules created by administrative agencies involving applications, licenses, permits, available information, hearings, appeals, and decision making?

Correct Answer
verified

Which of the following is a federal executive agency?

Correct Answer
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Which of the following has the power to create a federal agency?

Correct Answer
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Which of the following is involved when an agency is referred to as a "captured" agency?

Correct Answer
verified

Which of the following is a limit on agency power?

Correct Answer
verified

There is no right to a jury in administrative agency disputes.

Correct Answer
verified

Which of the following has the power to dissolve a federal agency?

Correct Answer
verified

The primary type of rule making used by administrative agencies is informal rule making.

Correct Answer
verified

What do the initials ALJ represent in the administrative law arena?

Correct Answer
verified

There is no right of appeal from a decision of an administrative law judge.

Correct Answer
verified

Why are administrative agencies at times referred to as the "fourth branch of government," and is this assertion true?

Correct Answer
verified
Because legislative, judicial, and execu...
View Answer

Correct Answer
verified

Which of the following is false regarding executive agencies at the federal level?

Correct Answer
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Which of the following is a type of rule making done by agencies?

Correct Answer
verified

Which of the following is false regarding the Freedom of Information Act?

Correct Answer
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Correct Answer
verified

Executive agencies tend to focus on ___ regulation whereas independent agencies are more often focused on _ regulation.

Correct Answer
verified

Set forth the steps involved in formal rule making.

Correct Answer
verified
Notice of the proposed rule making is pu...
View Answer

Executive agencies are referred to as which of the following?

Correct Answer
verified

Exam 3: The Us Legal System and Alternative Dispute Resolution

Correct AnswerverifiedShow Answer

Which of the following consists of the substantive and procedural rules created by administrative agencies involving applications, licenses, permits, available information, hearings, appeals, and decision making?

Correct AnswerverifiedShow Answer

Which of the following is a federal executive agency?

Correct AnswerverifiedShow Answer

Which of the following has the power to create a federal agency?

Correct AnswerverifiedShow Answer

Which of the following is involved when an agency is referred to as a "captured" agency?

Correct AnswerverifiedShow Answer

Which of the following is a limit on agency power?

Correct AnswerverifiedShow Answer

There is no right to a jury in administrative agency disputes.

Correct AnswerverifiedShow Answer

Which of the following has the power to dissolve a federal agency?

Correct AnswerverifiedShow Answer

The primary type of rule making used by administrative agencies is informal rule making.

Correct AnswerverifiedShow Answer

What do the initials ALJ represent in the administrative law arena?

Correct AnswerverifiedShow Answer

There is no right of appeal from a decision of an administrative law judge.

Correct AnswerverifiedShow Answer

Why are administrative agencies at times referred to as the "fourth branch of government," and is this assertion true?

Correct AnswerverifiedBecause legislative, judicial, and execu...View AnswerShow Answer

Correct AnswerverifiedShow Answer

Which of the following is false regarding executive agencies at the federal level?

Correct AnswerverifiedShow Answer

Which of the following is a type of rule making done by agencies?

Correct AnswerverifiedShow Answer

Which of the following is false regarding the Freedom of Information Act?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Executive agencies tend to focus on _______________ regulation whereas independent agencies are more often focused on _____________ regulation.

Correct AnswerverifiedShow Answer

Set forth the steps involved in formal rule making.

Correct AnswerverifiedNotice of the proposed rule making is pu...View AnswerShow Answer

Executive agencies are referred to as which of the following?

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
verified
Because legislative, judicial, and execu...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Executive agencies tend to focus on ___ regulation whereas independent agencies are more often focused on _ regulation.

Correct Answer
verified

Correct Answer
verified
Notice of the proposed rule making is pu...
View Answer

Correct Answer
verified