Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
The processing of claims and applications by individual agencies is required to
be strictly uniform from agency to agency to reduce the public's confusion and to
promote due process and equal protection.
a. True
b. False
The exclusionary rule barring the introduction of illegally obtained evidence applies
in all court and administrative hearings.
a. True
b. False
The Trade Secrets Act prohibits the disclosure of trade secrets and related
information by private individuals.
a. True
b. False
When a court acts on its own initiative it is said to be acting:
a. de novo
b. amicus curiae
c. ex parte
d. sua sponte
Every agency must report the total number of closed meetings, reasons for the
closed meetings, and all related litigation to Congress:
a. monthly
b. quarterly
c. semi-annually
d. annually
De novo means:
a. the notice of a hearing
b. to reconsider an agency's decision anew
c. to overrule an agency decision
d. to overrule a Congressional delegation
Law suits brought by submitters of records to agencies to prevent disclosure
of information are known as reverse FOIA suits.
a. True
b. False
Public agencies may order the imprisonment of individuals.
a. True
b. False
The concept of separation of functions does not apply to:
a. administrative law judges
b. agency heads
c. administrative law judges and agency heads
d. none of the above; separation of functions applies to everyone involved in the
administrative process
Faye has sold illegal drugs. The IRS requires that all income be reported
whether obtained legally or illegally. Assume that Faye reports her illegally gained
income on her tax return. The Department of Justice may use that return as evidence
and prosecute Faye for selling illegal drugs.
a. True
b. False
Article I, section 8 of the U.S. Constitution lists the powers of Congress.
a. True
b. False
If Congress has left a gap in an agency's enabling statute regarding the making of rules
necessary for the formulation of agency policy:
a. the statute is rendered void due to vagueness
b. the court may fill any gaps by interpreting the statute
c. the agency is given an express delegation of authority to create any necessary
provisions to fulfill the agency's function
d. the statute is sent back to Congress for further explanation and repair
If the president establishes a court, it is called an:
a. Article I Court
b. Article II Court
c. Article III Court
d. Article IV Court
A lawfully issued executive order has the effect of a statute.
a. True
b. False
Agency-created laws are called:
a. statutes
b. ordinances
c. quasi-statutes
d. regulations
The public may be excluded from an agency meeting regarding an accusation of
a crime but must be permitted to observe formal censure hearings.
a. True
b. False
The highest officer of an executive agency is called a:
a. Secretary
b. Director
c. Chairperson
d. Principal
Notice of proposed rulemaking must be published in the Federal Register regarding:
a. formal rulemaking proceedings
b. informal rulemaking proceedings
c. both formal and informal rulemaking proceedings
d. Neither of the above. Publication is by publication in the Congressional Record.
Most judicial authority to review agency action comes from statutes.
a. True
b. False
The Federal Mediation and Conciliation Service has no authority to compel arbitration
but it is charged, by statute, to encourage arbitration.
a. True
b. False
All racial classifications are subject to:
a. the substantial relationship test
b. the strict scrutiny test
c. the reasonable relationship test
d. the rational relationship test
Appeals of ALJ decisions are conducted by agency heads sua sponte.
a. True
b. False
Generally, agencies are free to make rules without conducting hearings.
a. True
b. False
Negotiated rulemaking is not subject to public hearing requirements.
a. True
b. False
The separation of powers limitations on Congressional authority to delegate are
known as:
a. the delegation doctrine
b. the nondelegation doctrine
c. the delegation doctrine and the nondelegation doctrine
d. none of the above
Nonprobationary government employees are entitled to evidentiary
presuspension hearings.
a. True
b. False
Most authority delegated by Congress is quasi-legislative authority.
a. True
b. False
Match the case name in Column 1 to the holding of the court in Column 2.
To determine if a private party is acting under the direction of or pursuant to
law, thereby permitting 1983 to apply, the court will apply the following test:
a. the nexus test
b. the public function test
c. the symbiosis test
d. the compulsion test
After an agency has received a request for information, the agency has
________ business days to determine whether it will comply.
a. 10
b. 20
c. 30
d. 45
Quasi-legislative authority is adjudicative in nature.
a. True
b. False
Match the source of administrative law listed in Column 1 to its description in Column
2.
Borrowing money is an exclusive federal power.
a. True
b. False
Explain the differences between formal and informal rulemaking.
Due process and the APA require that notice and a fair _____ be provided to interested
parties.
A delegation of legislative authority is constitutional if Congress establishes the nation's
fundamental legislative policy and leaves only the _____ filling to an agency.
Discuss which single factor you think has contributed the most to the growth of
administrative agencies.
Answer:Student answers will vary.
In the U.S. Supreme Court case _____, the court held that blood and urine testing
is invasive of a person's privacy but that the regulation was valid because the
governmental interest in protecting the employees and the public from a disaster
outweighed the privacy interests of the employees.
The U.S. Occupational Safety and Health Administration that sets standards for safety
in the workplace is an example of a(n) ______ agency.
When the government institutes regulations that prohibit a property owner from using
his or her property as he or she intended, the property owner can argue that the
government action constitutes a _____ taking.
There is no findings requirement for ____adjudications (hearings).
A gender-based classification in a state law preferring men as executors of estates was
found to violate equal protection under the _____ test.
Trying ____ cases is a core governmental function that cannot be delegated to
private parties.
A fundamental tenet of democracy is____ of government.
The procedures used for formal _____ are borrowed from formal adjudication.
In formal adjudications, all parties are entitled to make opening and closing _____, call
witnesses, and cross-examine witnesses.
Which method do you think is the most effective power of the President to control the
federal bureaucracy? Explain.
Answer:Student answers will vary.
Agencies may be delegated the responsibility of establishing rates for an industry
through _____.
A written law enacted by a legislative body is called a(n) _____.
Discuss whether you think parole hearings should be open to the public under the
Government in the Sunshine Act. Explain your position.
Answer:Student answers will vary.
Under the _____ standard of review, courts review agency decisions anew with no
deference given to the agency's factual findings.
