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114. Administrative agencies may issue subpoenas to obtain business documents that agencies need for law
enforcement. Subpoenas may:
a. only be issued when there is good cause to believe that a violation of the law has occurred
b. be used to get confidential information
c. only be issued by a federal district judge
d. be used to obtain any information agencies want and no reasons need be given
e. none of the other choices
115. When federal agencies sue to enforce regulations, depending on the authority the agency has been granted by
Congress, the agency:
a. may sue for civil penalties
b. may sue to withhold property
c. may sue for criminal penalties
d. may sue for civil penalties and may sue to withhold property
e. may sue for civil penalties and may sue to withhold property and may sue for criminal penalties
116. Which sanction is not available to any federal regulatory agency?
a. imposition of a fine
b. revocation of a business license
c. assessment for damages
d. destruction or seizing of business property
e. all of the other choices are available
117. Which of the following is an example of a sanction offered by the APA:
a. prohibition, requirement, limitation, or other condition affecting the freedom of a person
b. withholding of relief
c. imposition of a penalty or fine
d. destruction, taking, seizing, or withholding of property
e. all of the other specific choices are correct
118. Which of the following is NOT an example of a sanction offered by the APA:
a. prohibition, requirement, limitation, or other condition affecting the freedom of a person
b. withholding of relief
c. imposition of a penalty or fine
d. destruction, taking, seizing, or withholding of property
e. none of the other specific choices are correct
119. Which of the following is an example of a sanction offered by the APA:
a. assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees
b. requirement, revocation, or suspension of a license
c. imposition of a penalty or fine
d. destruction, taking, seizing, or withholding of property
e. all of the other specific choices are correct
120. Which of the following is NOT an example of a sanction offered by the APA:
a. assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees
b. requirement, revocation, or suspension of a license
c. imposition of a penalty or fine
d. destruction, taking, seizing, or withholding of property
e. none of the other specific choices are correct
121. Which department usually handles the prosecution of criminal cases that are heard in federal court when an agency
brings criminal charges against a party:
a. the Department of Agencies
b. the Department of Justice
c. the Department of Defense
d. the Department of Regulation
e. the Department of Business
122. Which department usually handles the prosecution of criminal cases that are heard in federal court when an agency
brings criminal charges against a party:
a. the Department of Agencies
b. the Department of Business
c. the Department of Defense
d. the Department of Regulation
e. none of the other choices are correct
123. As agency regulatory activities have expanded, agencies have relied more heavily on:
a. the federal court system
b. penal sanctions
c. executive branch assistance
d. informal agency procedures
e. the federal court system and penal sanctions
124. Which of the following is a benefit of agencies using informal procedures:
a. informal procedures generally require less time
b. informal procedures generally cost less
c. informal procedures are more thorough
d. both a and b are correct
e. none of the other choices are correct
125. Suppose an agency inspector, such as an OSHA safety inspector, discovers an apparent violation of a regulation at
a business being inspected:
a. the violation may be cleared up informally
b. under the Administrative Procedures Act, a complaint must be filed and a notice of violation sent to the
company
c. the inspector must file a formal complaint, but the company could agree to correct the problem before
litigation
d. all suspected violations must be reported to a U.S. Attorney for consideration for prosecution
e. none of the other choices
126. Suppose an agency inspector, such as an OSHA safety inspector, discovers an apparent violation of a regulation at
a business being inspected:
a. the U.S. Attorney for the relevant district must be contacted to begin prosecution
b. under the Administrative Procedures Act, a complaint must be filed and a notice of violation sent to the
company
c. the inspector must file a formal complaint, but the company could agree to correct the problem before
litigation
d. all suspected violations must be reported to a U.S. Attorney for consideration for prosecution
e. none of the other choices
127. Informal agency procedures may include:
a. obtaining evidence by a subpoena issued by a federal judge
b. hearings with a Department of Justice attorney
c. tests and inspections
d. federal court hearings
e. none of the other choices
128. Informal agency procedures may include:
a. tests and inspections
b. processing applications
c. negotiations with parties in trouble
d. advisory opinions
e. all of the other choices
129. Which of the following is an example of an informal procedure for enforcing compliance with regulations:
a. tests and inspections
b. negotiations
c. settlements
d. all of the other specific choices are correct
e. none of the other specific choices are correct
130. In Black Beauty Coal Co. v. Federal Mine Safety and Health Review Commission, where a coal mine
inspector believed a situation created a fire hazard for which he issued a "high negligence" citation that the
company contested. The appeals court held that:
a. the mine inspector had no basis for the citation; it appeared to be personal opinion, so the citation was
stricken
b. the mine inspector showed bias and hostility toward the mine operator that required the citation to be
stricken
c. the mine inspector showed bias and hostility toward the mine operator that required the citation to be
stricken
d. there was sufficient evidence to uphold the citation
e. none of the other choices
131. In Black Beauty Coal Co. v. Federal Mine Safety and Health Review Commission, where a coal mine
inspector believed a situation created a fire hazard for which he issued a "high negligence" citation that the
company contested. The appeals court held that::
a. the mine inspector had no basis for the citation; it appeared to be personal opinion, so the citation was
stricken
b. the mine inspector showed bias and hostility toward the mine operator that required the citation to be
stricken
c. the evidence was "beyond a reasonable doubt" so the citation was upheld
d. the inspector has "nearly unlimited" authority to issue citations so the courts rarely can overturn a citation
e. none of the other choices
132. In Invention Submission v. Rogan, the Patent and Trademark Office (PTO) used a testimonial from a client of
Invention Submission (IS) as an example of someone who felt abused by a patent-marketing scheme. IS had not
been convicted of wrongdoing so it sued the PTO for violating the Administrative Procedure Act (APA) by using
that example in its advertising campaign about patent-marketing scams. The appeals court held that the PTO's
campaign:
a. did not constitute as agency action, but it did create legal consequences for Invention Submission so the
district court was correct in dismissing the case
b. constituted an agency action, but did not create legal consequences for Invention Submission so the district
court was correct in dismissing the case
c. did not constitute as agency action and did not create legal consequences for Invention Submission so the
district court was correct in dismissing the case
d. constituted an agency action, but did not create legal consequences for Invention Submission so the district
court was incorrect in dismissing the case
e. constituted an agency action and it created legal consequences for Invention Submission so the district court
was incorrect in dismissing the case
133. If a business is unhappy with an agency sanction resulting from informal procedures it:
a. cannot do anything about it
b. can appeal to the Supreme Court
c. can seek review, beginning with the agency head
d. can request monetary compensation
e. none of the other choices are correct
134. If a business is still unhappy with an agency's final decision after it has been reviewed by the agency head it:
a. cannot do anything further
b. can sue for damages
c. can seek review by the federal court
d. can implement sanctions against the agency
e. none of the other choices are correct
135. In reviewing informal agency procedures, the courts are generally most concerned about:
a. whether the particular agency procedure was fair
b. whether the decision was consistent with the legislative intent of Congress
c. courts do not review agency informal procedures
d. whether the particular agency procedure was fair and whether the decision was consistent with the
legislative intent of Congress
e. none of the other choices
136. The administrative agency equivalent to a court trial is:
a. a commissioner's hearing
b. a Congressional review
c. a rulemaking
d. an adjudicatory hearing
e. none of the other choices
137. The administrative agency equivalent to a court trial is:
a. a commissioner's hearing
b. a Congressional review
c. a rulemaking
d. a magistrate hearing
e. none of the other choices
138. Among the formal procedures used by most regulatory agencies are quasi-judicial powers, especially:
a. commissioner's hearings
b. Congressional reviews
c. rulemaking hearings
d. adjudicatory hearings
e. none of the other choices
139. Among the formal procedures used by most regulatory agencies are quasi-judicial powers, especially:
a. commissioner's hearings
b. Congressional reviews
c. rulemaking hearings
d. magistrate hearings
e. none of the other choices
140. A(n) is a formal agency process under APA rules, which are similar to those followed in a trial.
a. commissioner's hearing
b. Congressional review
c. rulemaking
d. adjudicatory hearing
e. none of the other choices
141. A is a formal agency process under APA rules, which are similar to those followed in a trial.
a. commissioner's hearing
b. Congressional review
c. rulemaking
d. magistrate hearing
e. none of the other choices
142. Adjudicatory hearings are initiated by:
a. a business filing a complaint
b. the Supreme Court filing a complaint
c. an agency filing a complaint
d. a business refusing to respond to a complaint
e. an agency issuing sanctions against a business
143. Adjudicatory hearings are initiated by:
a. a business filing a complaint
b. the Supreme Court filing a complaint
c. an agency issuing sanctions against a business
d. a business refusing to respond to a complaint
e. none of the other choices are correct
144. Some administrative agency investigations lead to a formal complaint being filed against a business. This may result
in a trial heard by an administrative law judge (ALJ). ALJs are:
a. at the lowest level of the federal judicial system
b. the regulatory agency equivalent of an appellate judge
c. are not judges because they only hear the facts of cases
d. are employees of administrative agencies
e. are employees of administrative agencies and the regulatory agency equivalent of an appellate judge
145. Some administrative agency investigations lead to a formal complaint being filed against a business. This may result
in a trial heard by an administrative law judge (ALJ). ALJs are:
a. at the lowest level of the federal judicial system
b. the regulatory agency equivalent of an appellate judge
c. are not judges because they only hear the facts of cases
d. appointed by the president with consent of the Senate
e. none of the other choices
146. An adjudicatory hearing at a regulatory agency will be presided over by an Administrative Law Judge or ALJ. An
ALJ is a:
a. member of the federal bench
b. civil service employee of the agency
c. municipal judge
d. member of the state bench
e. circuit court judge
147. An adjudicatory hearing at a regulatory agency will be presided over by an Administrative Law Judge or ALJ. An
ALJ is a:
a. member of the federal judiciary
b. federal magistrate
c. municipal judge
d. member of the state bar
e. none of the other choices
148. In an adjudicatory hearing a(n) presides over the hearing.
a. administrative law judge
b. federal magistrate
c. administrative agency judge
d. impartial third party
e. state supreme court justice
149. In an adjudicatory hearing a(n) presides over the hearing.
a. state supreme court justice
b. federal magistrate
c. administrative agency judge
d. impartial third party
e. none of the other choices are correct
150. During a hearing at an administrative agency to determine if the law has been violated the agency is represented by
its:
a. lower level employees
b. shareholders
c. counsel
d. county judge
e. none of the other choices are correct
151. In a hearing at an administrative agency to determine if the law has been violated, the agency's
agency's evidence in support of the complaint.
a. witnesses
b. evidence collectors
c. CEO's
d. counsel
e. administrative assistants
presents the
152. In a hearing at an administrative agency to determine if the law has been violated, the agency's
agency's evidence in support of the complaint.
a. witnesses
b. evidence collectors
c. CEO's
d. administrative assistants
e. none of the other choices are correct
153. In a hearing at an administrative agency, to determine if the law has been violated:
a. defendants have the right to a jury trial
b. defendants may have a jury trial if the agency agrees to one
c. there is no right to a jury trial
d. there is no right to jury trials except in cases involving agency common law
e. there is no right to jury trials in regulatory cases unless there is a possibility of a death sentence
154. In a hearing at an administrative agency, to determine if the law has been violated:
a. defendants have the right to a jury trial
b. there may be no witnesses
c. the procedure is the same as in a court trial
d. lawyers may not be present
e. none of the other choices
presents the
155. In a hearing at an administrative agency, to determine if the law has been violated:
a. defendants have the right to a jury trial
b. defendants may have a jury trial if the agency agrees to one
c. there is no right to jury trials except in cases involving agency common law
d. there is no right to jury trials in regulatory cases unless there is a possibility of a death sentence
e. none of the other choices
156. In a hearing at an administrative agency, to determine if the law has been violated:
a. defendants have the right to a jury trial
b. there may be no witnesses
c. the procedure is the same as in a court trial
d. Constitutional rights must be protected
e. all of the other choices
157. There is no right to trial by jury in a hearing at an administrative agency to determine if the law has been violated
because:
a. administrative agencies are not subject to the Constitution
b. there is no criminal or common-law cause
c. Congress is above the Constitution and Congress gives agencies their authority
d. the Supreme Court is not involved
e. none of the other choices are correct
158. Unlike with cases heard in a federal courtroom, the administrative law judge presiding over a hearing at an
administrative agency:
a. is an independent judge
b. is not an independent judge
c. is impartial
d. is hired by the business
e. has not been to law school
159. Unlike with cases heard in a federal courtroom, the administrative law judge presiding over a hearing at an
administrative agency:
a. is an independent judge
b. has not been to law school
c. is impartial
d. is hired by the business
e. none of the other choices are correct
160. The appeal process that serves as an external check on agency power is known as:
a. judicial appeal
b. judicial review
c. independent review
d. independent appeal
e. agency checking
161. The appeal process that serves as an external check on agency power is known as:
a. judicial appeal
b. agency checking
c. independent review
d. independent appeal
e. none of the other choices are correct
162. ensures that agencies follow required procedures, do not go beyond the authority granted them by Congress,
can justify their actions, and respect constitutional rights.
a. judicial appeal
b. judicial review
c. independent review
d. independent appeal
e. agency checking
163. ensures that agencies follow required procedures, do not go beyond the authority granted them by Congress,
can justify their actions, and respect constitutional rights.
a. judicial appeal
b. agency checking
c. independent review
d. independent appeal
e. none of the other choices are correct
164. Five procedural requirements for judicial review of a challenge to an agency decision are:
a. jurisdiction, reviewability, standing, ripeness and exhaustion
b. jurisdiction, standing, ripeness, exhaustion, and appealability
c. reviewability, ripeness, exhaustion, diversity of action, and venue
d. ripeness, exhaustion, jurisdiction, reviewability, and discretion
e. none of the other choices
165. Five procedural requirements for judicial review of a challenge to an agency decision are:
a. jurisdiction, standing, discretion, ripeness and exhaustion
b. jurisdiction, standing, ripeness, exhaustion, and appealability
c. reviewability, ripeness, exhaustion, diversity of action, and venue
d. ripeness, exhaustion, jurisdiction, reviewability, and discretion
e. none of the other choices
166. Which of these is not a procedural requirement for judicial review of an agency decision:
a. ripeness
b. diversity
c. exhaustion
d. jurisdiction
e. standing
167. Which of these is not a procedural requirement for judicial review of an agency decision:
a. ripeness b.
discretion c.
exhaustion d.
jurisdiction e.
standing
168. Which of these is not a procedural requirement for judicial review of an agency decision:
a. ripeness
b. exhaustion
c. jurisdiction
d. standing
e. all of the other choices are requirements
169. The procedural requirement of
have power to hear the case.
a. jurisdiction
b. reviewability
c. standing
d. ripeness
e. exhaustion
requires that the complaining party may seek judicial review only in courts that
