Administrative search warrants are also called:
a. assessment warrants
b. review warrants
c. evaluation warrants
d. inspection warrants
Any time that race is used directly or indirectly to formulate policy, the law is violated
and the policy is illegal.
a. True
b. False
A great majority of agency actions are informal.
a. True
b. False
A delegation of legislative authority is constitutional if Congress establishes the nation’s
fundamental legislative policy and leaves only “gap filling” to the agency.
a. True
b. False
Congress may delegate the adjudication of public rights to non-Article III courts.
a. True
b. False
The APA requires that all federal administrative hearings be held in Washington, DC.
a. True
b. False
The doctrine that prevents the relitigation of an issue decided in a prior case is called:
a. res judicata
b. collateral estoppel
c. equitable estoppel
d. laches
All states have enacted some form of an administrative procedure statute.
a. True
b. False
Sovereign immunity makes a government free from liability but not suit.
a. True
b. False
Punitive damages may be awarded in 1983 actions when the defendant’s actions are
reckless or malicious.
a. True
b. False
The standard of review in which a court gives no deference to the agency decision
is called:
a. de novo review
b. substantial evidence standard review
c. arbitrary, capricious, abuse of discretion standard review
d. none of the above; all judicial review is required to offer some minimal level of
deference to the agency decision
Adjudication investigates, declares, and enforces liabilities under laws supposed already
to exist.
a. True
b. False
State immunity occurs because:
a. a state is not a person as defined under 1983
b. of the Eleventh Amendment
c. a state is not a person as defined under 1983 and because of the Eleventh Amendment
d. none of the above
Congress can validly enact a statute that gives it the right to fire or remove heads
of executive agencies.
a. True
b. False
A writ issued by a superior court to an inferior court ordering that some act not be done
is called a writ of certiorari.
a. True
b. False
Which of the following was not considered a governmental function by
the Constitutional framers?
a. Corrections
b. Foreign affairs
c. Roads
d. Health care
If an individual properly requests an amendment to their records due to
inaccurate, untimely, or incomplete information, should the agency deny the request for
amendment, no judicial review is available because this type of issue is committed to
the discretion of the agency and is nonreviewable.
a. True
b. False
The fact that administrative agencies may perform the functions of all three branches of
government is called:
a. separation of functions
b. unification of functions
c. combination of functions
d. congruence of functions
When a request for information is made by an educational, noncommercial scientific, or
news media organization:
a. only copying fees may be charged
b. only search expenses may be charged
c. only review expenses may be charged
d. search, review, and copying expenses may be charged
The current legal environment considers most administrative inspections as
searches subject to Fourth Amendment requirements.
a. True
b. False
All agency actions, both formal and informal, are strictly governed by the
agency’s enabling statute.
a. True
b. False
Which article in the U.S. Constitution provides for the appointment power of the
President?
a. Article I
b. Article II
c. Article III
d. Article IV
The concept of separation of powers is based on a _____ division of power.
a. horizontal
b. vertical
c. circular
d. parallel
The doctrine that requires Congress to provide agencies with
legitimate, comprehensible guidelines is called:
a. intelligible principle
b. standards principle
c. justifiable principle
d. permissible principle
What is an opinion issued by an agency, upon request, that offers the
agency’s interpretation of law or asserts the agency’s policy, practices, or procedures?
a. Declaratory order
b. Judicial opinion
c. Executive order
d. Advisory opinion
When a fundamental right is being significantly burdened, which test is applied
to determine the validity of the rule or law?
a. The substantial relationship test
b. The strict scrutiny test
c. The reasonable relationship test
d. The rational relationship test
The decision of an ALJ is final.
a. True
b. False
Generally, adjudications are directed at large groups.
a. True
b. False
Formal rulemaking is known as the “lifeblood of the administrative process.”
a. True
b. False
All 50 states have adopted the Model State APA.
a. True
b. False
The Privacy Act prohibits agencies from collecting information about people.
a. True
b. False
_____ rulemaking is a congressionally created hybrid rulemaking where, on an
announced date, the interested parties, the agency, and a mediator meet to discuss and
develop a proposed rule.
The Attorney General of the United States is appointed by the _____.
_____ due process describes the minimum steps that must be taken by a government
before it can deprive a person of life, liberty, or property.
In 2013, the Internal Revenue Service (IRS) revealed that it had targeted political
groups applying for tax-exempt status for closer scrutiny based on their names or
political themes. Discuss how too much discretion afforded to the IRS caused this abuse
of authority.
Answer:Student answers will vary.
Similar to judicial notice, a presiding officer at an agency adjudication may take ____
notice of facts without any proof of that fact being offered.
Explain the common law writs for review.
Compare and contrast the different sources of administrative law in the United States.
Discuss the different factors that can and cannot be used by an agency in determining
who shall be prosecuted.
As a general rule, the courts are to defer to an agency’s _____ of its congressional
mandates.
One is subject to 1983 only if acting under _____ of state law.
Discuss whether you agree or disagree with the public duty doctrine.
Answer:Student answers will vary.
Heads of executive agencies are nominated by the _____ of the United States
and confirmed by the Senate of the United States.
Under the rational relationship test, a law must bear a rational relationship to a
_____ governmental interest.
What are the APA’s requirements regarding recordkeeping and reporting?
The _____ Amendment to the U.S. Constitution shields states from liability in federal
courts under 1983.
The rule established by the U.S Supreme Court , which mandates that an agency
have one consolidated comparative hearing whenever two or more parties are
competing for one license, is known as the ____ doctrine.
The Privacy Act defines _____ use as the use of a record for a purpose compatible with
the purpose for which it was collected.
The U.S. Department of Veterans Affairs that provides benefits for veterans is an
example of a(n) ______ welfare agency.
Explain when law enforcement officials are entitled to absolute immunity and when law
enforcement officials are entitled to qualified immunity.
A prosecutor writes a memorandum expressing concerns about a search warrant issued
by a judge. The prosecutor is terminated for cause. Discuss whether the government
abridged the prosecutor’s free speech rights.