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 represent the public and seek civil and/or criminal penalties
against wrongdoers.
a. True
b. False
In which of the following cases did the court state “the courts retain the authority to
check agency policymaking for procedural compliance and for arbitrariness. But the
courts cannot properly reexamine the wisdom of an agency-promulgated policy””?
a. Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc.
b. Brock v. Roadway Express, Inc.
c. Gonzalez v. Reno
d. General Motors v. Federal Energy Regulatory Commission
Statutes that provide for _____________ only are unconstitutional.
a. transactional immunity
b. derivative use immunity
c. use immunity
d. sovereign immunity
The APA requires that people or organizations be given a minimum of 30 days
notice regarding any hearings to which they are a party.
a. True
b. False
Geological information concerning wells in the United States is available to
U.S. citizens pursuant to the FOIA.
a. True
b. False
Law enforcement officers enjoy absolute immunity:
a. when testifying in court
b. during investigations
c. when conducting warrantless searches and arrests
d. all of the above
e. none of the above
If a right did not exist under the common law, Congress may delegate the adjudication
of that right to an agency.
a. True
b. False
The cost of an additional procedure is a factor in due process cost-benefit analysis.
a. True
b. False
It is the obligation of the party seeking to review a document to prove that
the document does not fall within an FOIA exception prohibiting its review.
a. True
b. False
The Administrative Procedure was enacted in:
a. 1926
b. 1936
c. 1946
d. 1956
The Fifth Amendment privilege against self-incrimination applies to:
a. criminal proceedings
b. civil proceedings
c. administrative proceedings
d. all of the above
Protection of the public health and safety is the most common justification for summary
administrative action.
a. True
b. False
The standard for obtaining a search warrant is same for both administrative cases and
criminal cases.
a. True
b. False
When a government employee speaks out about his agency, but not as part of his or her
duties, the expression:
a. is not protected by the First Amendment
b. is not protected by the First Amendment unless the employee is a recognized expert
in the subject
c. is protected by the First Amendment in all circumstances
d. is protected by the First Amendment if the speech rises to the level of a public
concern
The final and authoritative compilation of federal administrative regulations is called:
a. the Federal Register
b. the Code of Federal Regulations
c. the United States Code
d. the National Register
The Equal Protection Clause has been interpreted to apply to both states and the
federal government.
a. True
b. False
What is the name of the federal statute enacted in 1883 that created the civil service
system for federal employees?
A. Sarbanes-Oxley Act
b. Pendleton Act
c. Line Item Veto Act
d. Patient Protection and Affordable Care Act
Public agencies are never authorized to:
a. arrest
b. imprison
c. detain
d. all of the above
e. none of the above
Under the Federal Tort Claims Act, law enforcement officers are currently immunized
against:
a. false arrest
b. battery
c. assault
d. deceit
Which of the following must stem from an enabling statute?
a. Substantive rules promulgated by an agency
b. Procedural rules promulgated by an agency
c. Substantive and procedural rules promulgated by an agency
d. None of the above
Most government programs are provided with a clear profit motive.
a. True
b. False
Which of the following is not an essential element to laches?
a. There is a likelihood that the asserting party’s claim will be redressed by a
favorable decision.
b. The party against whom laches is asserted must have been aware of the right or
claim that was not raised.
c. There must have been an unreasonable delay in asserting the claim.
d. The delay in asserting the claim must cause the adverse party to suffer some
prejudice.
Which of the following is the best definition of subpoena?
a. an order to either cease or to continue an action
b. an order permitting a warrantless search of a premises
c. an order accompanying a warrant, permitting a search of a premises
d. an order requiring a witness to produce certain documents and/or to appear to testify
Which of the following is NOT a power that Congress can use to exercise control over
administrative agencies?
a. Create a new agency
b. Establish the budget
c. Unicameral legislative veto
d. Call the agency head to testify before a Congressional committee
The Paperwork Reduction Act has generally been regarded as a failure, having
done little to actually reduce the paperwork burden or reduce hours committed to
satisfying information demands.
a. True
b. False
The police generally do not have a duty to individuals to prevent crime.
a. True
b. False
The Ashbacker Doctrine states that:
a. agencies may conduct separate hearings when two or more parties are competing
for one license at the agencies’ option
b. an agency must have one consolidated comparative hearing whenever two or
more parties are competing for one license
c. burdens of proof in licensing hearings must rise to the level of clear and convincing
d. burdens of proof in licensing hearings are required to be a preponderance of
the evidence based on due process grounds
The Panama Refining and Schechter Poultry cases are significant because:
a. both cases were deemed valid delegations of authority establishing the
intelligible principle doctrine
b. both cases were deemed valid delegations of authority establishing the de
novo standard
c. these are the only cases ever found by the Supreme Court to have delegations
of authority declared unconstitutional under the nondelegation doctrine
d. these are the only cases ever found by the Supreme Court to have delegations
of authority declared unconstitutional due to improper delegation to private agencies
Arbitration results in a final decision.
a. True
b. False
The maximum fine authorized under the Privacy Act’s criminal provisions is:
a. $2,500
b. $5,000
c. $7,500
d. $10,000
It is constitutionally permissible, if the sole purpose is a delegation of
legislative authority, to transfer the authority to hear a common law claim to a
non-Article III court.
a. True
b. False
Federal judges are appointed for life and have lifetime tenure pursuant to Article
______ of the U.S. Constitution.
Federal contractors are entitled to _____ against state tort claims if the contractor can
demonstrate that the contractor designed the product pursuant to federal guidelines and
that it made the federal government aware of any known risks.
The right to _____, which is a common law writ issued by a court to a custodian of a
person to bring the prisoner before the court to determine the lawfulness of
the imprisonment, is assured by Article I, 9, of the U.S. Constitution.
When acting in its quasi-legislative capacity, its behavior is referred to as _____.
An agency has ______ when it has the authority to choose between two or more
options.
Under the ___ Act, a federal statute governing discovery used by those charged by an
agency, attorneys who are performing prosecutorial functions for the government must
disclose prior statements of government witnesses after those witnesses have testified.
Under the intermediate test, a law must bear a ____ relationship to an important
governmental interest.
The exhaustion of available administrative remedies is a prerequisite for habeas relief
for prisoners under 28 U.S.C. 2241. A narrow exception to the exhaustion requirement
for 2241 habeas relief applies if a petitioner can demonstrate that exhaustion is futile.
Come up with a fact scenario where exhaustion would be considered futile.
Answer:Student answers will vary.
Megan’s Law and other sexual predator laws are statutes promulgated in most states that
require sex offenders to register with police authorities when they move into a
neighborhood. Furthermore, many such statutes require that specific notice be given to
occupants in the neighborhood naming the offender and providing his or her picture and
address. Should a similar disclosure be enforced against all felons? After all, the
offender has served his or her sentence. Why or why not? Be very specific.
Answer:Student answers will vary.
Explain the difference between rulemaking and adjudication.
Megan’s Law and other sexual predator laws are statutes promulgated in most states that
require sex offenders to register with police authorities when they move into a
neighborhood. Furthermore, many such statutes require that specific notice be given to
occupants in the neighborhood naming the offender and providing his or her picture and
address. Discuss the legality of these mandatory disclosure laws with regard to the
FOIA and the Privacy Act.
Discuss the public duty doctrine with regard to definition, theory, and application.
Using logical arguments, explain why you agree or disagree with the public duty
doctrine.
Name the three tests that courts use to determine whether a law or action violates the
Equal Protection Clause. How do they differ and do you believe that it is necessary to
have three separate tests or could one test suffice?
An administrative law judge is entitled to ____ immunity for statements made during
administrative proceedings.
The Tucker Act gives the U.S. _____Court jurisdiction over any claim for damages
against the United States that is founded on the Constitution, statutes, or regulations of
the United States.
The Secretary of the U.S. Department of Labor is called to testify before Congress
concerning activities of the agency. Congress engages in oversight of agencies through
_____.
A proceeding involving an agency’s charge that a person has violated a regulation
is called a(n) _____.
Discuss the main three interests protected by the Due Process Clauses.