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Which of the following is not an exception under the Federal Tort Claims Act?
a. Executive functions
b. Claims arising out of intentional torts
c. Ministerial and operational acts
d. Discretionary functions
The Legal Residuum Rule states that:
a. evidence that courts view as incompetent may be used in an administrative
hearing and may support the agency's decision, but may not be the sole support of the
decision
b. evidence that courts view as incompetent may be used in an administrative
hearing and may be the sole support of the decision
c. evidence that courts view as incompetent may not be used in an administrative
hearing for any purpose
d. evidence that courts view as incompetent may be used in an administrative hearing
by a person or organization in support of their case, but may not be used by the agency
or the government against the person or organization
Which of the following is not an exception to the Privacy Act
nondisclosure requirements?
a. Disclosures to satisfy court orders
b. Disclosures to the president
c. Disclosures that may occur for routine use
d. Disclosures to either body of Congress
Because laches is a constitutionally protected right, a legislature may not prohibit
its application by statute.
a. True
b. False
Bankruptcy judges are not Article III judges.
a. True
b. False
The number of federal administrative agencies grew substantially in the time
between the Great Depression and World War II.
a. True
b. False
When a court reviews an agency's application of a statute that it administers,
if Congress has not specifically addressed the question at issue, the court may use its
own interpretation of the statute's application to decide the issue.
a. True
b. False
What type of agency actions is considered the lifeblood of the administrative process?
a. Formal processes
b. Informal processes
c. Formal rulemaking
d. All of the above
The Equal Protection Clause is implicitly applied to federal government actions through
the Fifteenth Amendment.
a. True
b. False
Published agency rulings become final and binding if not appealed within:
a. 10 days of publication
b. 15 days of publication
c. 30 days of publication
d. 45 days of publication
Agency spending regarding appropriations of lump sum amounts not
statutorily restricted are generally considered to be committed to the agency's
discretion.
a. True
b. False
An agency may not assess a fee for the first two hours of search time or the first
100 pages of copying unless the requester is commercial.
a. True
b. False
Which of the following is not considered a critical infrastructure under the
new exemption to the FOIA after the attacks on the United States of September 11,
2001?
a. Education
b. Banking
c. Health care
d. Communications
The primary remedy available for aggrieved persons under the FOIA is:
a. compensatory damages
b. compensatory and punitive damages
c. injunctive relief
d. specific performance
Match the standard of review in Column 1 to the description in Column 2.
In Doe v. Bush, the court stated that the nondelegation doctrine had less applicability in
matters of foreign affairs than it does in domestic affairs.
a. True
b. False
The Jencks Act requires that:
a. attorneys performing prosecutorial functions for the government must disclose
prior statements of government witnesses prior to the witness testifying
b. attorneys performing prosecutorial functions for the government must disclose
prior statements of government witnesses after the witness testifies
c. attorneys performing prosecutorial functions for the government are not required
to disclose prior statements of government witnesses at any time
d. none of the above
Application of the rule in Lichten v. Eastern Air Lines:
a. is followed in all federal and state courts
b. is followed in all federal courts and some state courts
c. is followed in some federal courts and all state courts
d. is followed in some federal courts and some state courts
Because it is not an Article III proceeding, cross-examination is rarely permitted
in administrative hearings.
a. True
b. False
Private letter rulings are issued by high officials of the:
a. U.S. Department of Commerce
b. Internal Revenue Service
c. Occupational Safety and Health Administration
d. Federal Mediation and Conciliation Service
The Freedom of Information Act (FOIA) provides for three forms of
disclosure: publication, _____ and copying, and production upon request.
Which of the following is not recoverable against local governments in a 1983 suit?
a. Actual damages
b. Declaratory relief
c. Punitive damages
d. Injunctive relief
For an organization to maintain a lawsuit:
a. at least one member must satisfy the requisites of standing
b. at least 10% of the members must satisfy the requisites of standing
c. at least 25% of the members must satisfy the requisites of standing
d. at least 51% of the members must satisfy the requisites of standing
When a presiding officer accepts a fact as true, without supporting evidence,
because that fact is commonly known to be true by average persons and experts in the
field, this is called:
a. organizational notice
b. judicial notice
c. official notice
d. executive notice
A civil action to enforce a right to disclosure under the FOIA may be brought in state or
federal court.
a. True
b. False
Which of the following is known as the "lifeblood of the administrative process?"
a. Formal rulemaking
b. Adjudication
c. Informal procedures
d. Ultra vires
Suspicionless drug testing of student athletes is considered by the courts to
be consistent with the Fourth Amendment.
a. True
b. False
The "Little Tucker Act" provides federal district courts concurrent jurisdiction in certain
cases with the Claims Court when the amount in controversy is under:
a. $10,000
b. $15,000
c. $20,000
d. $25,000
Mixed questions of law and fact decided upon by an agency are required under the APA
to be subject to a substantial evidence standard of review.
a. True
b. False
A judge is immune from liability, even if acting with malice, so long as the
function performed is judicial.
a. True
b. False
Explain why the U.S. Supreme Court invalidated delegations created by Congress
during the Great Depression to confront the serious economic crisis. Cite at least one
case to support your answer.
Written questions presented to a party to be answered under oath and in writing are
called _____.
The Federal Register Act was amended in 1937 to include the _____, a compilation of
federal administrative regulations.
Under which circumstances could the government send notice via e-mail or via text
message rather than first-class or registered mail without violating the notice
requirement under the Due Process Clauses?
Answer:Student answers will vary.
One particular concern with administrative law involves the rights of _____
when dealing with administrative agencies.
Explain how a court, when reviewing an administrative construction of a statute,
applies the Chevron Doctrine. Be sure to specifically show the step-by-step thinking
model that the court employs.
Which form of agency discretion do you think is the more powerful tool for
an agencyprosecutorial discretion or policy discretion? Explain your position.
Answer:Student answers will vary.
In the federal system, most review authority is derived from _____.
To what extent should business entities, such as corporations, be entitled to assert the
Fourth Amendment prohibition against unreasonable searches and the Fifth Amendment
privilege against self-incrimination? Explain your position.
Answer:Student answers will vary.
Explain what administrative law does not cover.
The concept of separation of powers is based on a _____ division of power.
When an agency acts in its quasi-judicial capacity, its behavior is referred to as _____.
Private agencies that perform governmental _____ may be treated as government
agencies by the courts.
In Morrison v. Olson, the U.S. Supreme Court upheld the validity of the ______ statute
where a federal prosecutor is charged with investigating and prosecuting a government
official.
Inmates can bring an action under 1983 against private prison officials to
enforce Fourteenth Amendment due process rights and the Eighth Amendment
prohibition of _____ punishments through injunctive relief.
An industry that is subject to significant licensing, reporting, disclosure requirements,
inspections, required operating procedures, and other regulations is a ____ regulated
business.
A state law that prohibits members of a certain race from applying for medical licenses
would be _____ on its face.
In the U.S. Supreme Court case _____, the court held that suspicionless drug testing
of student athletes was consistent with the Fourth Amendment.
