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170. The procedural requirement of
have power to hear the case.
a. exhaustion
b. reviewability
c. standing
d. ripeness
requires that the complaining party may seek judicial review only in courts that
e. none of the other choices are correct
171. In Japan, as compared to the U.S., administrative agencies exert:
a. strong regulatory control over business
b. a weak force over the activities of businesses
c. only warnings to businesses
d. only highly formalized suggestions to businesses
e. none of the other choices
172. Which of the following is a way that Japanese agencies may use to exert regulatory authority over businesses:
a. direction
b. request
c. warning
d. encouragement
e. all of the other specific choices are correct
173. Which of the following is a way that Japanese agencies may use to exert regulatory authority over businesses:
a. direction
b. pleading
c. supplication
d. all of the other specific choices are correct
e. none of the other specific choices are correct
174. Which of the following is a way that Japanese agencies may use to exert regulatory authority over businesses:
a. encouragement
b. pleading
c. supplication
d. all of the other specific choices are correct
e. none of the other specific choices are correct
175. The procedural requirement of requires that an appellate court has the ability to reconsider an agency
decision to determine whether correction or modification is needed.
a. jurisdiction
b. reviewability
c. standing
d. ripeness
e. exhaustion
176. The procedural requirement of requires that an appellate court has the ability to reconsider an agency
decision to determine whether correction or modification is needed.
a. jurisdiction
b. exhaustion
c. standing
d. ripeness
e. none of the other choices are correct
177. The procedural requirement of requires that a party seeking judicial review must demonstrate that it incurred
an injury recognized by law as a result of the agency's action.
a. jurisdiction
b. reviewability
c. standing
d. ripeness
e. exhaustion
178. The procedural requirement of requires that a party seeking judicial review must demonstrate that it incurred
an injury recognized by law as a result of the agency's action.
a. jurisdiction
b. reviewability
c. exhaustion
d. ripeness
e. none of the other choices are correct
179. In Lujan v. Defenders of Wildlife, where foreign aid decisions of the U.S. government were challenged as a
violation of the Endangered Species Act, because the Nile crocodile in Egypt could be harmed, the Supreme Court
held:
a. the plaintiffs had no standing to bring the case because there was no injury in fact
b. the plaintiffs had standing because they had visited the area where the crocodiles lived
c. the animals at issue were not endangered and so were not the proper subject of a lawsuit
d. although the plaintiffs had standing to sue, the issue of saving crocodiles was beyond the court's expertise
e. the Endangered Species Act was the wrong statute under which to bring this claim
180. In Lujan v. Defenders of Wildlife, where foreign aid decisions of the U.S. government were challenged as a
violation of the Endangered Species Act, because the Nile crocodile in Egypt could be harmed, the Supreme Court
held:
a. the plaintiffs had standing because they had visited the area where the crocodiles lived
b. the animals at issue were not endangered and so were not the proper subject of a lawsuit
c. although the plaintiffs had standing to sue, the issue of saving crocodiles was beyond the court's expertise
d. the Endangered Species Act was the wrong statute under which to bring this claim
e. none of the other choices
181. In Summers v. Earth Island Institute, where the decision of the Forest Service to sell burned timber on 238 acres
without preparing an environmental impact statement or formal notice of the sale was challenged as a violation of
the Forest Service Decisionmaking and Appeals Reform Act, the Supreme Court held that since the:
a. Forest Service is exempt from most judicial review, the plaintiffs could only challenge the Forest Service's
decisions in certain states
b. Forest Service is exempt from all judicial review, the plaintiffs could not challenge Forest Service's decisions
in court
c. plaintiffs could not demonstrate standing, they could not challenge the Forest Service's actions in court
d. plaintiffs could only demonstrate standing, they could not challenge the Forest Service's actions in court
e. plaintiffs could demonstrate standing, they could challenge the Forest Service's actions in court
182. In Summers v. Earth Island Institute, where the decision of the Forest Service to sell burned timber on 238 acres
without preparing an environmental impact statement or formal notice of the sale was challenged as a violation of
the Forest Service Decisionmaking and Appeals Reform Act, the Supreme Court held that since the:
a. Forest Service is exempt from most judicial review, the plaintiffs could only challenge the Forest Service's
decisions in certain states
b. Forest Service is exempt from all judicial review, the plaintiffs could not challenge Forest Service's decisions
in court
c. plaintiffs could demonstrate standing, they could challenge the Forest Service's actions in court
d. plaintiffs could only demonstrate standing, they could not challenge the Forest Service's actions in court
e. none of the other choices are correct
183. The procedural requirement of requires that there can be no judicial review until the agency's decision is final
so that the court will have the final issues in the case before it and not hypothetical questions or unresolved
disputes.
a. jurisdiction
b. reviewability
c. standing
d. ripeness
e. exhaustion
184. The procedural requirement of requires that there can be no judicial review until the agency's decision is final
so that the court will have the final issues in the case before it and not hypothetical questions or unresolved
disputes.
a. jurisdiction
b. reviewability
c. standing
d. exhaustion
e. none of the other choices are correct
185. The procedural requirement of requires that a party seeking judicial review must have sought relief through
all possible agency appeal processes before seeking review by the courts.
a. jurisdiction
b. reviewability
c. standing
d. ripeness
e. exhaustion
186. The procedural requirement of requires that a party seeking judicial review must have sought relief through
all possible agency appeal processes before seeking review by the courts.
a. jurisdiction
b. reviewability
c. standing
d. ripeness
e. none of the other choices are correct
187. Loraine wants to sue the Federal Aviation Administration because she thinks the local airport is too noisy and
improperly operated. She has completed all administrative channels and reviews. Loraine should file her suit:
a. in the state district court where she lives
b. in the state district court in which the airport owner lives
c. in the federal district court nearest the airport because this is a federal question
d. file her suit in the court Congress specified when it wrote the enabling statute for the FAA
e. none of the other choices
188. Loraine wants to sue the Federal Aviation Administration because she thinks the local airport is too noisy and is
operated carelessly. She has exhausted all administrative channels and now wishes to bring suit. Loraine should file
her suit:
a. in the state district court where she lives
b. in the state district court in which the airport owner lives
c. in the federal district court nearest the airport because this is a federal question
d. with the Supreme Court because this controversy involves a statutory interpretation
e. none of the other choices
189. When Congress grants courts the ability to review administrative actions, it may:
a. only specify the subject matter of court review
b. only specify the personal jurisdiction of the court
c. specify that judicial review is prohibited
d. only specify that in rem jurisdiction is permitted
e. none of the other choices
190. When Congress grants courts the ability to review administrative actions, it may:
a. only specify the subject matter of court review
b. only specify the personal jurisdiction of the court
c. only specify that in rem jurisdiction is permitted
d. specify the outcomes of court adjudications
e. none of the other choices
191. Courts may not review agency actions if:
a. judicial review is prohibited by statute
b. the Supreme Court is not in session
c. the agency requests special protection
d. the agency invokes its Constitutional rights
e. none of the other choices are correct
192. Congress can prohibit certain judicial review as long as the exception:
a. does not hinder free market business operations
b. does not make international trade difficult
c. does not violate constitutional rights
d. does not violate the common-law
e. none of the other choices are correct
193. If a federal agency issues a new regulation, it may:
a. be challenged in court by any citizen⎯individual or corporate
b. be challenged by parties who claim the regulation caused them legally recognized harm
c. be challenged only if there is a constitutional issue in question
d. not be challenged if issued under a Congressional order that precludes all challenges
e. none of the other choices
194. A person who wishes to bring a complaint against another person or business for violation of a statute administered
by a federal agency must first:
a. receive approval of the appropriate district court judge to file suit
b. receive approval of the appropriate U.S. district attorney to file suit
c. exhaust all legislative channels before bringing suit
d. exhaust all administrative channels before bringing suit
e. convince the ALJ that the case warrants a review
195. A person who wishes to bring a complaint against another person or business for violation of a statute administered
by a federal agency must first:
a. receive approval of the appropriate district court judge to file suit
b. receive approval of the appropriate U.S. district attorney to file suit
c. exhaust all legislative channels before bringing suit
d. convince the ALJ that the case warrants a review
e. none of the other choices
196. The prevents unnecessary lawsuits by giving the agency the full chance to get the decision right.
a. exhaustion doctrine
b. standing doctrine
c. judicial doctrine
d. judicial review doctrine
e. substantive determination doctrine
197. The prevents unnecessary lawsuits by giving the agency the full chance to get the decision right.
a. substantive determination doctrine
b. standing doctrine
c. judicial doctrine
d. judicial review doctrine
e. none of the other choices are correct
198. In a case involving judicial review of an administrative agency's decision, the court's
can go in examining the action.
a. judicial scope
b. scope of review
c. ability to review
d. extent of review
e. substantive scope
199. In a case involving judicial review of an administrative agency's decision, the court's
can go in examining the action.
a. judicial scope
b. substantive scope
c. ability to review
d. extent of review
e. none of the other choices are correct
determines how far it
determines how far it
200. The courts generally will not find that an agency's decisions are arbitrary, capricious, or an abuse of discretion if:
a. the agency has sufficiently explained the facts and its policy concerns
b. the agency has established a factual basis that is in the agency's record
c. a reasonable person could reach the same judgment as the agency on the basis of the agency's record
d. the agency has sufficiently explained the facts and its policy concerns and the agency has established a
factual basis that is in the agency's record
e. the agency has sufficiently explained the facts and its policy concerns and the agency has established a
factual basis that is in the agency's record and a reasonable person could reach the same judgment as the
agency on the basis of the agency's record
201. The courts generally will not find that an agency's decisions are arbitrary, capricious, or an abuse of discretion if:
a. the agency has sufficiently explained the facts and its policy concerns
b. the agency has established a factual basis that is in the agency's record
c. public opinion strongly supports the agency's decision
d. the agency has sufficiently explained the facts and its policy concerns and the agency has established a
factual basis that is in the agency's record
e. the agency has sufficiently explained the facts and its policy concerns and the agency has established a
factual basis that is in the agency's record and public opinion strongly supports the agency's decision
202. Which of the following conditions will lead to the courts not finding an agency's actions to be arbitrary, capricious,
or an abuse of discretion:
a. the agency has sufficiently explained the facts and its policy concerns
b. the agency has established a factual basis that is in the agency's record
c. public opinion strongly supports the agency's decision
d. all of the other specific choices are correct
e. none of the other specific choices are correct
203. The courts generally will not find that an agency's decisions are arbitrary, capricious, or an abuse of discretion if the
following conditions are met except:
a. the agency's action was approved by its Congressional oversight committee
b. the agency has established a factual basis that is in the agency's record
c. a reasonable person could reach the same judgment as the agency on the basis of the agency's record
d. the agency has sufficiently explained the facts and its policy concerns
e. all of the other choices are necessary
204. The court's review of an agency's statutory interpretation is generally afforded:
a. an intense scope of review of all aspects
b. a careful review with respect to statutory interpretation, compared to a lesser review of technical judgments
in the regulatory process
c. a low intensity scope of review only looking for possible violations of constitutional rights
d. complete acceptance with no review, since the power of Congress is absolute in this regard
e. a with respect to regulatory agencies; c with respect to acts of Congress.
205. The court's review of an agency's statutory interpretation is generally afforded:
a. an intense scope of review of all aspects
b. a low intensity scope of review only looking for possible violations of constitutional rights
c. complete acceptance with no review, since the power of Congress is absolute in this regard
d. a with respect to regulatory agencies; c with respect to acts of Congress
e. none of the other choices
206. The aspects of agency actions given the most intense scope of review by the courts are:
a. procedural requirements
b. factual basis for imposition of regulations
c. connection to statutory power grant
d. cost to benefit relationships
e. none of the other choices
207. The aspects of agency actions given the most intense scope of review by the courts are:
a. Congressional responsiveness requirements
b. factual basis for imposition of regulations
c. connection to statutory power grant
d. cost to benefit relationships
e. none of the other choices
