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Warrants are court orders dealing with:
a. searches
b. arrests
c. seizures
d. any of the above
Agencies exist at all levels of the government.
a. True
b. False
A professional football player is suspended by the league for one game for
statements that the player made against the league's commissioner. The league, a private
entity, has violated the player's First Amendment rights.
a. True
b. False
The invention of the automobile is one factor that has led to the growth in the number
of federal administrative agencies.
a. True
b. False
A direct popular government where the people vote on and decide all important issues
is called:
a. a republic
b. socialism
c. a democracy
d. capitalism
Which of the following is not a factor that a court examines when determining the
need for a predetermination or postdetermination hearing?
a. Additional harm to the individual from not requiring the hearing
b. Likelihood of error without additional safety aids
c. The historical accuracy of past agency decisions
d. The costs and burdens imposed by requiring additional procedures
An individual's attorney and court fees may be recovered if successful in a qui
tam action.
a. True
b. False
Exercising contempt power is a delegable government function.
a. True
b. False
The purpose of separating powers among different branches of government is to prevent
the centralization of power and abuse of citizens by government.
a. True
b. False
The distinction between public and private rights was established in:
a. Lichter v. United States
b. Arizona v. California
c. Panama Refining Co. v. Ryan
d. Crowell v. Benson
The APA mandates allowing counsel at all federal hearings.
a. True
b. False
Private agencies that perform governmental functions will be treated like governmental
agencies by the courts.
a. True
b. False
If an agency has a subpoena issued and the business refuses to comply:
a. the agency may unilaterally impose civil fines
b. the agency may unilaterally impose criminal penalties
c. the agency may unilaterally have the business closed until compliance is made
d. all of the above
e. the agency has no actual enforcement power and must seek judicial
enforcement assistance
An agency does not have the inherent authority to promulgate:
a. procedural rules
b. substantive rules
c. interpretive rules
d. None of the above. Agencies may never promulgate rules unless expressly authorized
in the enabling statute.
Negotiated rulemaking has been criticized as too costly and too time consuming.
a. True
b. False
The process in which a nonparty to a case claims an interest in the outcome
and becomes a party is called:
a. interdiction
b. insurrection
c. intervention
d. inclusion
Which of the following is a consideration in due process cost-benefit analysis?
a. Where the hearing is held
b. When the hearing is held
c. What type of hearing is held
d. All of the above
Which of the following is not afforded immunity?
a. Prosecutors
b. Public defenders
c. Prosecutors and public defenders
d. Neither prosecutors nor public defenders; both enjoy immunity.
Government entitlements such as welfare are viewed as:
a. rights
b. privileges
c. rights and privileges
d. neither rights nor privileges
Article III judges are nominated by the Senate and approved by the president.
a. True
b. False
Agency rulemaking is acknowledged and authorized in which article of the U.S.
Constitution?
a. Article I
b. Article II
c. Article III
d. None of the above
When an individual reviews their records pursuant to an FOIA request, they may bring
anyone they choose to while reviewing the record.
a. True
b. False
Which type of dispute resolution involves a process of having the parties to a dispute
present their evidence and arguments to a neutral third party for decision?
a. Mediation
b. Conciliation
c. Arbitration
d. Mini-trial
Agencies may be created by all three branches of the federal government.
a. True
b. False
The power to regulate general health and welfare is an exclusive state power.
a. True
b. False
Which of the following standards of proof is applied in cases where an agency's action
encroaches on a legally protected right?
a. Preponderance of the evidence
b. Clear and convincing evidence
c. Beyond a reasonable doubt
d. Beyond a reasonable preponderance of the evidence
Awards for pain and suffering would be through:
a. special damages
b. nominal damages
c. punitive damages
d. general damages
The rule of necessity states that an agency may render a final binding decision
orally when a time-sensitive issue is being decided.
a. True
b. False
Which test does the United States Supreme Court require to be used when
examining laws involving gender-based classifications?
a. The substantial relationship test
b. The strict scrutiny test
c. The reasonable relationship test
d. The rational relationship test
Ratemaking in an industry with one entity requires adherence to due
process requirements.
a. True
b. False
The concept that federal law shall overrule any state or local law is based on:
a. the Necessary and Proper Clause
b. the Bill of Rights
c. the Tenth Amendment
d. the Supremacy Clause
Administrative law focuses on the substantive laws of administrative agencies.
a. True
b. False
The Civil Rights Act of 1871 was originally enacted to enforce the:
a. Fifth Amendment
b. Eighth Amendment
c. Fourteenth Amendment
d. None of the above
Licensing decisions made by agencies are considered orders.
a. True
b. False
