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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 regulates the area before the state.
d. State law is inconsistent with federal law.
The National Science Foundation is a federal agency that promotes research and
provides information to the public. What type of agency is the National Science
Foundation?
a. Regulatory agency
b. Public service agency
c. Social welfare agency
The heads of independent agencies may serve at the pleasure of the president and may
be fired at the president's will.
a. True
b. False
Contact between an individual and a decision maker without the other parties
being present is considered:
a. de novo
b. amicus curiae
c. ex parte
d. sua sponte
For the FOIA exemption regarding national defense and/or foreign policy to apply:
a. Congress must specifically refer to the document or information in a statute
b. the president must issue an executive order
c. the document or information must be covered under the Privacy Act also
d. the president must review the document or information and authorize an exemption
by signed letter to the agency in possession of the document or information
The power of the federal court to hear state law claims related to an underlying federal
law claim is called:
a. removal jurisdiction
b. pendent jurisdiction
c. remand jurisdiction
d. parens patriae jurisdiction
The most common form of privatization involves the jettisoning of a service by
a government body or agency, with said service then taken on completely by
private industry.
a. True
b. False
A witness testifying at trial who commits perjury enjoys:
a. absolute immunity for their testimony
b. qualified immunity for their testimony
c. official immunity for their testimony
d. no immunity for their testimony
Federal judges appointed under Article III of the Constitution are appointed for ten-year
renewable terms.
a. True
b. False
In the United States today, legislative bodies are the source of most law.
a. True
b. False
The Privacy Act requires that certain ________, held by the government, not
be disclosed.
a. private information regarding individuals
b. public information regarding agencies
c. public information regarding Congress
d. public information regarding individuals
e. all of the above
Administrative law focuses on the laws governing which part of the government?
a. Congress
b. Courts
c. Administrative agencies
d. President
Which of the following is NOT a power that the President of the United States can use
to exercise control over administrative agencies?
a. Recommend to Congress agency reorganization
b. Establish policy
c. Appoint agency heads
d. Reverse agency-created rules
If a statute requires a "hearing," that hearing is required to be a trial-type hearing.
a. True
b. False
Each of the following was created by the first U.S. Congress except:
a. Department of Health and Human Resources
b. Department of Patents
c. Department of Foreign Affairs
d. Department of War
Which of the following limits the exercise of agency discretion?
a. The Due Process Clause
b. The Equal Protection Clause
c. The Due Process Clause and the Equal Protection Clause
d. Agency discretion is not limited by anything other than its enabling statute.
Amanda is a cab driver. Her taxi license will expire at midnight on August 8.
The applicable law requires that she apply for continuation of the license at least 30
days prior to expiration and that a decision regarding continuation or denial must be
made in a timely fashion. Her application was made in a timely manner. It is now
August 9 and she has not heard from the licensing board.
a. Her license is expired and she may not legally operate a taxi.
b. Her license is automatically renewed for up to 30 days, allowing her to resubmit
her application for continuance.
c. Her license is automatically renewed until the decision on the renewal is made.
d. Her license is automatically renewed as if the continuation had been approved.
Exceptions for agency-related area searches, based on warrants issued without
a showing of probable cause:
a. apply only to individuals
b. apply only to businesses
c. apply to both individuals and businesses
d. are unconstitutional; warrants must always be supported by probable cause
Agency rules that apply to a suspect class or that impinge on a fundamental right
must be validated under the:
a. rational relationship test
b. substantial relationship test
c. coherent analysis test
d. strict scrutiny test
Judges are not immune from prospective injunctive relief.
a. True
b. False
The Freedom of Information Act (FOIA) provides that no fee can be charged for
the first ___ hours of search time or for the first 100 pages of copying, except for
commercial requesters.
The FOIA does not require an agency to protect an individual's privacy.
a. True
b. False
Faye has sold illegal drugs. On her personal home computer, she has kept records of the
sales along with a detailed accounting of her profits. When she doesn"t complete
her income taxes on time, her home is raided and the computer is seized pursuant to a
valid search warrant. The information on her computer is privileged under the
Fifth Amendment and may not be used against her.
a. True
b. False
In a regulatory takings case, the property owner must demonstrate that the regulation
denies the property owner all economically viable use of his or her land.
a. True
b. False
Which amendment to the U.S. Constitution preserves state authority?
a. the First Amendment
b. the Fifth Amendment
c. the Ninth Amendment
d. the Tenth Amendment
Federal magistrates are nominated by the president and approved by the Senate.
a. True
b. False
A lawsuit brought by a citizen against another citizen who has defrauded
the government is called a(n):
a. qui tam action
b. writ of mandamus suit
c. primary jurisdiction suit
d. res judicata action
Generally, parallel administrative and criminal proceedings are constitutionally sound.
a. True
b. False
Mediation results in a final decision.
a. True
b. False
The FOIA addresses the right of citizens regarding information but does not
afford noncitizens the same rights to information.
a. True
b. False
An agency's acts taken in the process of conducting a formal adjudication are subject to
the arbitrary, capricious, abuse of discretion standard of review.
a. True
b. False
Equitable estoppel applies to the government and private litigants equally.
a. True
b. False
All procedural rulemaking rules may be exempted in each of the following
situations except:
a. government personnel issues
b. foreign affairs issues
c. military issues
d. agency management issues
Which of the following cannot be revoked or terminated without a
formal predetermination hearing?
a. A driver's license when substantial violations have occurred
b. Public education opportunities when facing a ten-day suspension
c. An individual's job when the individual faces a felony indictment
d. Welfare benefits
Administrative law defines the powers, limitations, and _____ of
administrative agencies.
In Myers v. United States, the U.S. Supreme Court invalidated a statute that
required Senate approval to fire postmasters holding that Article ______ of the U.S.
Constitution grants to the President the executive power of the government.
Explain why the Fourth Amendment is applied differently in administrative context
than in the criminal justice context.
Discuss the impact of federal agencies that affect the life of a college student.
Answer:Student answers will vary.
The Government in the Sunshine Act applies only to _____agencies or agencies that are
headed by more than one person.
Discuss whether you think administrative law judges should be appointed for life like
U.S. District Court judges. What are the considerations for and against lifetime
appointment? Explain your position.
Answer:Student answers will vary.
In the U.S. Supreme Court case _____ decided in 1963, the U.S. Supreme Court upheld
delegation of power to the U.S. Secretary of the Interior over water from the Colorado
River.
Discuss the timing and jurisdictional limitations set by Congress for appeals of
administrative decisions.
One provision found in Article I, section 8, clause 3 of the U.S. Constitution that has
contributed to the growth of federal power is the _____ Clause.
"Notice and comment" rulemaking is known as _____ rulemaking.
Which method do you think is the most effective power of Congress to control the
federal bureaucracy? Explain.
Answer:Student answers will vary.
A federal statute prohibits federally licensed firearms dealers from selling handguns to
persons under age of 21. An organization advocating for gun ownership and individual
gun owners brings an action against the Bureau of Alcohol, Firearms, Tobacco, and
Explosives arguing that the statute violates the Second and Fifth Amendments. Discuss
which equal protection review standard the court would apply.
Lawsuits brought by submitters of records to agencies to prevent the disclosure
of information are known as _____ FOIA actions.
Explain why delegation to a private party must serve the public interest.
In Goldberg v. Kelly, the U.S. Supreme Court held that welfare recipients have a right to
an evidentiary ____ before having their benefits terminated.
Delegation of quasi-legislative authority to a private agency is more likely to be
permitted than is a delegation of _____ authority.
Under the strict scrutiny test, a law is valid only if it furthers a _____ governmental
interest and reasonable alternatives don"t exist.
Prosecutors are protected by only_____ immunity when performing investigative, law
enforcement, and administrative functions.
_____ is when agencies require that records be held subject to review by the agency.
The boom era for federal administrative agencies was during the Great Depression and
______.
