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Article II of the Constitution gives Congress the power to delegate the appointment of inferior agency officers to agency heads. a. True b. False Which type of administrative agency’s head answers to the president and may be disciplined or terminated […]

Assuming concurrent jurisdiction, which of the following is not an example of when federal preemption exists? a. The federal government establishes a comprehensive scheme to regulate the area. b. Congress expressly preempts the area through legislation. c. The federal government […]

Match the type of immunity in Column 1 with the description in Column 2. The plaintiff has a right to have a jury decide injunctive relief claims in 1983 cases. a. True b. False Answer: b A person’s interest in […]

An agency’s current index of materials required to be made available or published must be published in the Federal Register. a. True b. False Which of the following is not a FOIA form of disclosure? a. Publication b. Inspection and […]

Evidentiary hearings are not necessary when the central facts of the case are test results or other scientific information. a. True b. False Depending upon its enabling statute, an agency charged with protecting the public may have the right to […]

The processing of claims and applications by individual agencies is required to be strictly uniform from agency to agency to reduce the public’s confusion and to promote due process and equal protection. a. True b. False The exclusionary rule barring […]

The Necessary and Proper Clause of the Constitution is designed to provide that Congress may enact any laws it deems necessary and proper to ensure the health and welfare of the American people. a. True b. False A taxpayer has […]

Which of the following is not an exception under the Federal Tort Claims Act? a. Executive functions b. Claims arising out of intentional torts c. Ministerial and operational acts d. Discretionary functions The Legal Residuum Rule states that: a. evidence […]

Which article under the U.S. Constitution is a source of authority for executive orders issued by the U.S. President? a. Article I b. Article II c. Article III d. Article IV Which of the following cases specifically addressed the issues […]

Declaratory orders are subject to judicial review. a. True b. False The FOIA does not require that agencies deliver documents to requesters but only that the documents be made available. a. True b. False Answer: a If the court disagrees […]

Administrative search warrants are also called: a. assessment warrants b. review warrants c. evaluation warrants d. inspection warrants Any time that race is used directly or indirectly to formulate policy, the law is violated and the policy is illegal. a. […]

Warrants are court orders dealing with: a. searches b. arrests c. seizures d. any of the above Agencies exist at all levels of the government. a. True b. False Answer: a A professional football player is suspended by the league […]

Match the clause in the U.S. Constitution in Column 1 to its description in Column 2. Match the governmental power in Column 1 to its category in Column 2. Answer: Answer: 1) b 2) a 3) c Match the case […]

Hybrid rulemaking requirements may be imposed by: a. the Congress only b. the President only c. either the Congress and/or the President d. None of the above. Only the judiciary exercising judicial review may mandate hybrid rulemaking requirements. The level […]

The president’s cabinet is made up of heads of executive and independent committees. a. True b. False Agency statements of policy and interpretation adopted by the agency but not published in the Federal Register must be made available for inspection […]