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administrative law fall2013

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Chapter 44 - Administrative Law


1.      Seafood Restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies, the IRS was created by


a.         Congress, through enabling legislation.

b.         the courts, through the adjudicatory process.

c.         the U.S. Constitution, through the _ Amendment.

d.         the U.S. Department of the Treasury, through a final order.



2.      Persons who favor the creation of a federal biotech agency to regu­late the production of genetically altered agricultural products should con­cen­trate their lobbying ef­forts on


a.         Congress.

b.         federal administrative agencies that oversee agricultural products.

c.         the United States Supreme Court.

d.         the president of the United States.



3.      The Office of Postsecondary Education, like other federal administra­tive agencies, is part of the government’s


a.         administrative branch.

b.         executive branch.

c.         judicial branch.

d.         legislative branch.



4.      Congress leaves it to the Bureau of Prisons to oversee the promulgation of detailed regulations in areas under the agency’s juris­diction. This is


a.         divine right.

b.         the delegation of legislative powers.

c.         the gap-filling power.

d.         unconstitutional conduct.



5.      Truck Transport Company is subject to a decision by the National Labor Relations Board. Truck Transport appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision


a.         followed a consideration of legally appropriate factors.

b.         justifiably changed the agency’s prior policy.

c.         was accompanied by a rational explanation.

d.         was plainly contrary to the evidence.



6.      Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Plastix Produx wants a court to review it. First, however, the firm must use all of the potential administrative remedies. This is


a.         an actual controversy at issue.

b.         standing to sue.

c.         the exhaustion doctrine.

d.         the ripeness doctrine.



7.      The Federal Highway Administration uses notice-and-comment rulemaking. This process begins with


a.         a request to Congress to enact enabling legislation.

b.         the filing of a complaint against a charged party.

c.         the publication of a notice of proposed rulemaking.

d.         the solicitation of public comments.



8.      The U.S. Department of Homeland Security issues a rule. Like the rules of other federal administrative agencies, this rule is compiled in


a.         the Administrative Register of the Federal Government.

b.         the Code of Federal Regulations.

c.         the Federal Rules of Civil Procedure.

d.         the United States Code.



9.      In reviewing the actions of the U.S. Office of Nuclear Energy and other agencies, the courts


            a.         are usually reluctant to review questions of fact.

            b.         rarely defer to the technical expertise of administrative agencies.

            c.         often rule on the merits of policy determinations.

            d.         never defer to an agency’s interpretation of law.


10.   The Equal Employment Opportunity Commission (EEOC) orders First Financial Company to reveal certain information. First Financial complains to a court, arguing that the order is an abuse of the EEOC’s discretion.  Like other agencies, the EEOC can use a subpoena to


a.         obtain any information, without limits.

b.         obtain assurances that the law is not being violated.

c.         obtain documents, but not to compel a party to testify.

d.         pressure a party to settle an unrelated matter.



11.   The U.S. Patent and Trademark Office (USPTO) wants to review certain records of Verity Corporation. The USPTO can legitimately gain access to the records through


a.         agency coercion.

b.         infiltrating Verity’s computers without the firm’s knowledge.

c.         public comment.

d.         Verity’s consent.


12.   Caleb is a witness in a contro­versy involving the U.S. Drug Enforcement Administration. Caleb can be compelled to appear before an adminis­trative law judge if he is served with


a.         an order for specific performance.

b.         a rule for parol evidence.

c.         a subpoena.

d.         a politely worded request.



13.   Nursing Home Care Company is charged with violating a rule of the Social Security Administration. Most likely, Nursing Home Care will be required to appear at a hearing presided over by


a.         a federal appellate court judge.

b.         a federal district court judge.

c.         an administrative law judge.

d.         a U.S Marshal.



14.   The functions of the Social Security Administration, like those of other adminis­trative agencies, include


a.         adjudication.

c.         declaration.

b.         enunciation.

d.         pronunciation.



15.   The U.S. Mine Safety Administration conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in


a.         all industries.

b.         highly regulated industries.

c.         no industries.

d.         newly regulated industries only.




16.   The Federal Emergency Management Agency (FEMA) discovers that Goodnuff Trailers, Inc., is violating a FEMA regulation. If this situation is resolved like most such disputes, the outcome will be


a.         a negotiated settlement.

b.         a trial and a fine.

c.         a trial and an appeal to a higher authority.

d.         a trial and the dissolution of the business.



17.   Labor Recruiters, Inc., has been ordered to appear at a hearing be­fore an administrative law judge of the National Labor Relations Board. A significant difference between a trial and an administrative hearing is that


a.         attorneys are not allowed to attend administrative hearings.

b.         clients are not allowed to communicate with their attorneys dur­ing adminis­trative hearings.

c.         hearsay can be introduced as evidence in an administrative hearing.

d.         the burden of proof is on the charged party to prove innocence.



18.   Jay seeks information about Kim and other well-known businesspersons under the Freedom of Information Act. To obtain the informa­tion, Jay must


a.         agree not to reveal any trade secrets.

b.         describe the information.

c.         get a court order.

d.         have Kim’s and the others’ permission.



19.   A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA) may be challenged in


a.         a federal district court.

b.         a hearing before the U.S. Freedom of Information Agency.

c.         a meeting with Congress’s FOIA subcommittee.

d.         a special conference with the president of the United States.


20.   Closed meetings of the Office of Community Planning and Development and other federal administrative agencies are permitted when


a.         the subject of the meeting concerns accusing a person of a crime.

b.         open meetings would frustrate the implementation of future actions.

c.         the subject of the meeting involves matters relating to future liti­ga­tion or rulemaking.

d.         all of the choices.



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