JD 32068

subject Type Homework Help
subject Pages 5
subject Words 507
subject Authors Daniel E. Hall

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page-pf1
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 copying
c. Production upon request
d. Creation
Under the Federal Rules of Civil Procedure, a motion for dismissal may be
granted when no genuine issue of material facts exists and a party is entitled to
judgment as a matter of law.
a. True
b. False
page-pf2
A lawsuit against an officer in his or her official capacity is the same as suing
the government.
a. True
b. False
The APA specifies particular requirements regarding recordkeeping and reporting
for the purpose of establishing uniformity and consistency, easing the agency review
process.
a. True
b. False
A delegation of quasi-judicial authority to a private agency is more likely to
be permitted by the courts than is a delegation of quasi-legislative authority.
page-pf3
a. True
b. False
Administrative agencies have existed since the birth of the United States.
a. True
b. False
Delegations of criminal rulemaking to private agencies are generally found to
be unconstitutional.
a. True
b. False
page-pf4
United States immigration officers may not detain illegal aliens under warrants
issued by the Attorney General unless a magistrate has ruled the warrant valid.
a. True
b. False
A writ issued by a superior court to an inferior court ordering that some act be done
is called a writ of mandamus.
a. True
b. False
Any time that a law is enacted or a decision is made that is based on
classifications, equal protection is violated.
a. True
b. False
page-pf5
Courts are not bound by agency interpretation of statutes.
a. True
b. False
In South Dakota v. Department of Interior, the delegation of power to the Secretary
of the Interior to acquire land in trust for the Lower Brule Tribe of Sioux Indians
was declared unconstitutional because:
a. the Lower Brule Tribe of Sioux Indians was not recognized as a legitimate
tribe eligible for benefits in the authorizing Act
b. the enabling statute did not articulate the underlying public use that justified
the acquisition and the secretary's power to purchase land was not properly defined
c. Congress may delegate authority to purchase open federal land but not private
land such as land within established city limits (the City of Oacoma)
d. the statute provided an unfair advantage to Indians, putting other
Constitutionally protected groups at a disadvantage
e. all of the above

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