The Necessary and Proper Clause of the Constitution is designed to provide that
Congress may enact any laws it deems necessary and proper to ensure the health and
welfare of the American people.
a. True
b. False
A taxpayer has standing to sue only when he or she challenges an expenditure
that violates a constitutional limitation on that power.
a. True
b. False
Under the Privacy Act, the term individual has not been interpreted to
include businesses.
a. True
b. False
The APA’s position on the right to counsel is best characterized by which of
the following?
a. All parties have the right to counsel.
b. Only those parties with constitutional rights at risk are entitled to counsel.
c. Presiding officers must approve the use of counsel on a case-by-case basis.
d. There is no right to counsel in administrative hearings.
The Department of Justice is responsible for enforcing criminal and civil statutes.
a. True
b. False
Match the form of discovery in Column 1 to the definition in Column 2.
If the agency does not make a ruling within the statutorily allotted time, the
exhaustion of remedies doctrine will not apply.
a. True
b. False
Which clause in the U.S. Constitution provides the president with a limited and
qualified power to nullify proposed legislation by veto?
a. Necessary and Proper Clause
b. Supremacy Clause
c. Presentment Clause
d. Commerce Clause
Courts will refer an issue back to an agency only when the agency is empowered
to enforce a desired or relevant remedy.
a. True
b. False
Formal rulemaking is required only when a statute clearly commands that a rule
be made on the record after an opportunity for an agency hearing.
a. True
b. False
In which of the following are the rules of evidence relaxed?
a. Formal rulemaking hearings
b. Hybrid rulemaking hearings
c. Negotiated rulemaking proceedings
d. All of the above
e. None of the above. Rules of evidence may not be relaxed without violating due
process requirements.
Agencies are often charged with the establishment of testing and inspection to monitor
legal compliance. Assuming a valid exercise of the agency’s discretion, which of the
following may be successfully challenged?
a. Whether a test should be conducted
b. The validity or reliability of a test
c. When a test should be performed
d. Where a test is to be performed
Administrative law judges are entitled to absolute immunity when making
statements during administrative proceedings.
a. True
b. False
The following standards of proof are listed from least demanding to most demanding:
a. clear and convincing; preponderance of the evidence; beyond a reasonable doubt
b. preponderance of the evidence; beyond a reasonable doubt; clear and convincing
c. preponderance of the evidence; clear and convincing; beyond a reasonable doubt
d. beyond a reasonable doubt; clear and convincing; preponderance of the evidence
e. clear and convincing; beyond a reasonable doubt; preponderance of the evidence
The Federal Mediation and Conciliation Service acts as the mediator in labor disputes
regarding:
a. any disputes involving interstate commerce
b. any disputes involving intrastate commerce
c. any disputes involving foreign commerce
d. all of the above
FOIA 552(a)(1), which requires that agencies make certain information available
for inspection and copying, is sometimes referred to as the _____ requirement
because it is satisfied by providing a location for people to inspect and copy documents.
Which of the following is the least stringent due process test?
a. The substantial relationship test
b. The strict scrutiny test
c. The reasonable relationship test
d. The rational relationship test
The case of Clinton v. New York established that the independent counsel law was
a valid and legal exercise of Article II of the Constitution.
a. True
b. False
The most common form of ALJ opinions is:
a. final decisions
b. initial decisions
c. recommended decisions
d. preliminary decisions
Which of the following cases stated that, “If an agency considers all of the relevant
factors so that a court can satisfy itself that the agency has actually exercised its
discretion, an agency’s decision to refrain from investigation is unreviewable””?
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
The APA does not specifically authorize inspections by agencies.
a. True
b. False
The Federal Communications Commission is a federal agency that determines who may
hold a license to broadcast communications. What type of agency is the
Communications Commission?
a. Regulatory agency
b. Public service agency
c. Social welfare agency
The FOIA requires that all agencies maintain and make available for public
inspection and copying a current index of materials required to be made available or
published. This index must be published at least:
a. monthly
b. quarterly
c. semi-annually
d. annually
When an agency is required to disclose a document but blacks out or
otherwise conceals exempted information, the information is said to be:
a. redacted
b. revoked
c. rescinded
d. repealed
In his book Rulemaking: How Government Agencies Write Law and Make
Policies, Cornelius Kerwin commented that President ________ was the first of many
Presidents to take managing agencies seriously.
a. Nixon
b. Carter
c. Clinton
d. Obama
Which source of administrative law is a comprehensive statute governing the
procedures that agencies must follow when performing their functions?
a. Administrative procedure act
b. Constitution
c. Enabling statute
d. Executive order
When agencies act informally:
a. fairness is rarely an issue
b. there are often few or no procedures to protect individuals
c. there are always defined rules and standards designed to protect individuals
d. Because they are created by statute, agencies never act informally.
The Eleventh Amendment’s immunity shields local municipalities from liability in
federal courts.
a. True
b. False
Since 1935, the delegation doctrine has not been used by the Supreme Court to strike
down any delegation of legislative power.
a. True
b. False
Administrative law is needed because the number of agencies has significantly _______
in recent years.
a. increased
b. decreased
c. stayed the same
Which of the following is an Article III judge?
a. A district judge
b. A magistrate
c. A bankruptcy judge
d. All of the above are Article III judges.
e. None of the above is an Article III judge.