Which article under the U.S. Constitution is a source of authority for executive orders
issued by the U.S. President?
a. Article I
b. Article II
c. Article III
d. Article IV
Which of the following cases specifically addressed the issues of quotas in affirmative
action cases, declaring quotas violative of equal protection?
a. Regents of University of California v. Bakke
b. Grutter v. Bollinger
c. Gratz v. Bollinger
d. All of the above
e. None of the above. Quotas are permissible to achieve Affirmative Action goals.
Revenue-raising rulemaking power delegated to an agency requires:
a. that an intelligible principle be stated by Congress
b. adherence to due process requirements
c. that an intelligible principle be stated by Congress and adherence to due process
requirements
d. None of the above. Revenue-raising rulemaking is an inherent function of
administrative agencies and is governed solely by internal agency procedure.
Which type of review requires a court to affirm an agency decision if a reasonable
person could have reached the same conclusion as the agency did?
a. Certification de novo
b. De novo standard
c. Abuse of discretion
d. Substantial evidence standard
The FDA does not have the authority to regulate tobacco and tobacco products.
a. True
b. False
The APA confers upon agencies the right to issue subpoenas.
a. True
b. False
In Panama Refining Co. v. Ryan, the U.S. Supreme Court upheld the validity of the
National Industrial Recovery Act of 1933 (NIRA) created during the Great Depression.
a. True
b. False
Rodney has properly requested the opportunity to review his own records compiled and
stored by an agency. No valid exemption exists, yet he is denied access. If he chooses to
sue, he must file suit within how many years?
a. One year
b. Two years
c. Three years
d. Four years
Following the Goldberg decision, which of the following is an incorrect statement?
a. Eighty percent of those who demanded a Goldberg hearing were determined
ineligible for welfare benefits, as initially determined.
b. Ninety-two percent of Goldberg-type appeals were lost.
c. The cost to provide benefits to the 92% of applicants who lost their appeals in
Michigan alone was approximately half a million dollars in 1971.
d. Most termination decisions were appealed.
Collateral estoppel is also known as:
a. claim preclusion
b. bar and merger
c. issue merger
d. issue preclusion
Discuss whether private security contractors working under contract for the National
Security Agency (NSA) should be afforded governmental immunity for the tort of
invasion of privacy. Explain your position.
Answer:Student answers will vary.
Agencies can acquire information by requiring individuals and businesses to
produce and maintain records.
a. True
b. False
A lawsuit against an officer in his or her individual capacity is the same as suing
the government.
a. True
b. False
Agency rules related to gender-based classifications are subject to validation under the:
a. rational relationship test
b. substantial relationship test
c. coherent analysis test
d. strict scrutiny test
Generally, the U.S. Constitution does not address federal or state agencies.
a. True
b. False
As a general rule, businesses cannot be required to divulge trade secrets to
agencies through regular reporting.
a. True
b. False
Food stamps are distributed by:
a. Department of Health and Human Resources
b. Department of Agriculture
c. Department of Housing and Urban Development
d. Food and Drug Administration
When the government decides to impose a licensure requirement:
a. due process must be satisfied
b. equal protection must be satisfied
c. due process and equal protection must be satisfied
d. None of the above. The government is not subject to limitations when setting rules or
requirements for conduct.
States may not sue under 1983 unless under a:
a. parens patriae theory
b. respondeat superior theory
c. declaratory judgment theory
d. pendent jurisdiction theory
Closely regulated businesses may be inspected without first obtaining a search warrant.
a. True
b. False
Rulemaking decisions made by agencies are considered orders.
a. True
b. False
The public duty doctrine was created in the Federal Tort Claims Act.
a. True
b. False
The equal protection clause applies to:
a. state law only regardless of the source
b. federal law only regardless of the source
c. state law and federal law only regardless of the source
d. state law and federal law only in relation to administrative agencies
If an individual’s case is not heard by an agency because the individual missed
the agency’s filing deadlines, the doctrine of exhaustion of remedies may preclude
judicial review.
a. True
b. False
With exceptions, the Eleventh Amendment generally provides immunity for states from
liability in federal courts.
a. True
b. False
Negotiated rulemaking is a presidentially created hybrid.
a. True
b. False
The purpose of the Freedom of Information Act (FOIA) is to make
governmental records available to the ____whereas the purpose of the Privacy Act is to
withhold sensitive documents from public disclosure.
Congressional authority to provide for review of agency actions extends to each of
the following except:
a. setting time limitations on review
b. determining the method of review to be utilized
c. precluding review altogether
d. providing for review of actions committed to the agency discretion
Failure to raise the issue of agency jurisdiction at the administrative level bars
the raising of the issue on appeal.
a. True
b. False
At one time, interests in receiving governmental rights or entitlements were not covered
by due process requirements.
a. True
b. False
A federal law classifies people by religion. The strict scrutiny test is applied
to determine if the action is constitutional.
a. True
b. False
The _____ Act requires that the form of a lawsuit be as provided for by statute.
With rulemaking, the agency must publish a notice of proposed rulemaking, normally in
the Federal ____.
As in civil judicial trials, the standard of proof in adjudications is usually
preponderance of the evidence. Some litigants have contended that due process requires
a higher standard when an agency is engaged in a quasi-prosecutorial function. This
position was rejected by the majority opinion by the U.S. Supreme Court in Steadman
v. SEC but two U.S. Supreme Court justices dissented in Steadman arguing that due
process requires a higher standard. Discuss what standard of proof you think should
govern agency actions when the agency is engaged in a quasi-prosecutorial function.
Answer:Student answers will vary.
The Fifth Amendment privilege against ____ applies to natural persons, but business
entities, such as corporations, may not claim the privilege.
Discuss the three different forms of commonly exercised discretion by agency officials.
When is formal rulemaking required? Explain whether formal or informal rulemaking is
used more frequently.