Match the clause in the U.S. Constitution in Column 1 to its description in Column 2.
Match the governmental power in Column 1 to its category in Column 2.
Match the case name in Column 1 to the holding of the court in Column 2.
Match the agency action in Column 1 to the description in Column 2.
Match the standard of proof in formal adjudications in Column 1 with its description in
Column 2.
Match the form of decision in formal adjudications in Column 1 with its description in
Column 2.
Match the standard of review in Column 1 to the definition in Column 2.
Match the common law writ in Column 1 to the definition in Column 2.
Match key term in Column 1 to the definition in Column 2.
Match the statement in Column 1 to the appropriate act in Column 2.
Match the type of remedy under 1983 in Column 1 to the definition in Column 2.
Match the action in Column 1 to the type of immunity in Column 2.
Which of the following is most accurate about James Madison and Alexander
Hamilton’s views of federalism?
a. Madison believed in dual federalism and Hamilton in hierarchical federalism.
b. Madison and Hamilton both believed in dual federalism.
c. Madison and Hamilton both believed in hierarchical federalism.
d. Madison believed in hierarchical and Hamilton in dual federalism.
Recusal is the disqualification of a judge or administrative hearing officer because
of bias or interest regarding the case.
a. True
b. False
Which of the following is considered a public right?
a. Bankruptcy proceedings
b. Disputes regarding whether a debt exists
c. Disputes regarding the amount of a debt
d. All of the above
e. None of the above
All racial classification systems are subject to the rational basis test.
a. True
b. False
Magistrates may not be delegated the authority to make final determinations in
pretrial matters without the consent of the parties.
a. True
b. False
As a general rule, there is no separation of powers problem with an agency
possessing ________ authority, because nearly all agencies fall under the ________
branch.
a. executive; executive
b. legislative; legislative
c. executive; legislative
d. legislative; executive
Both federalism and separation of powers are structural elements found in the
Constitution intended to keep any single group or person in government from becoming
too powerful.
a. True
b. False
Which of the following agencies was NOT created during the New Deal to revive the
economy during the Great Depression?
a. Tennessee Valley Authority
b. Works Progress Administration
c. Civilian Conservation Corps
d. Department of Homeland Security
Which of the following is an invalid exercise of delegated authority?
a. A public health official detaining an individual in quarantine when the individual
poses a threat to the public
b. The detaining of an individual for psychiatric evaluation or treatment when
the individual poses a threat to themselves or the public
c. The detaining of an illegal alien under warrant issued by the attorney general
d. None of the above
e. All of the above
Common law and statutory privileges such as attorney-client, husband-wife,
and doctor-client are not applicable or effectual regarding administrative agency search
and reporting powers.
a. True
b. False
Regarding the issuance of subpoenas in federal court:
a. the requesting party need not show materiality or relevance
b. the requesting party must show reasonable cause
c. the requesting party must show probable cause
d. the requesting party must show a compelling governmental interest
_____________ shields a witness from prosecution of all offenses related to his or her
testimony but does not protect the witness if the government possesses
independent evidence of the witness’s guilt.
a. Transactional immunity
b. Derivative use immunity
c. Use immunity
d. Sovereign immunity
The APA does not require that the following factor be considered when determining the
appropriateness of negotiated rulemaking in a given situation:
a. the need for a rule
b. whether it’s likely that a committee will reach a decision
c. the experience and qualifications of committee members
d. the likelihood that the agency will use the negotiated rule
There is no federal tort common or statutory law.
a. True
b. False
Which source of administrative law is a law passed by Congress that establishes an
agency and sets forth the responsibilities and authority of that agency?
a. Administrative Procedure Act
b. Constitution
c. Enabling Statute
d. Executive Order
The rule of necessity allows an agency to conduct an immediate hearing
without adequate notice when an emergency exists.
a. True
b. False
Taxation by Congress creates no due process concerns.
a. True
b. False
Agencies are required to keep an audio record or transcript of all closed meetings.
a. True
b. False
Color of law means legal, authorized, or required by the law.
a. True
b. False
According to decisions of the Supreme Court, all federal employees are
considered “officers” of the United States.
a. True
b. False
It is common practice for an agency to have a case heard by one official and decided
by another.
a. True
b. False
Federal courts have unanimously agreed that privacy interests of employees in
closely regulated businesses and those in businesses not closely regulated must be
treated similarly and it is unconstitutional to impose different privacy standards.
a. True
b. False
Pursuant to statute, the power of appointment of special independent investigatory
counsel is vested in:
a. the president
b. a special panel of House of Representative members
c. a special panel of Senate members
d. a special panel of federal judges
The physician-patient privilege allows a patient to object to a doctor testifying as
to private information regarding the patient and allows the physician to object to the
patient testifying as to private information regarding the physician.
a. True
b. False
What is the name of the U.S. Supreme Court case where the Court found the line-item
veto unconstitutional?
a. Clinton v. New York
b. INS v. Chadha
c. Myers v. U.S.
d. Buckley v. Valeo
________ require that, generally, an agency’s meetings be held open to the public
for observation.
a. Blue laws
b. Prime directive laws
c. Open disclosure laws
d. Sunshine laws
Judicial authority to review agency actions may be derived from each of the
following except:
a. the Constitution
b. statute
c. common law
d. all of the above
e. none of the above
Government liability is more limited than personal liability.
a. True
b. False
If a statute is unclear or requires only a hearing, courts are likely to hold that:
a. formal rulemaking be used
b. informal rulemaking be used
c. negotiated rulemaking be used
d. hybrid rulemaking be used
An agency may not maintain a record of how a person exercises his or her rights under
the First Amendment of the Constitution unless authorized to do so by statute or such
information is within the scope of a law enforcement activity.
a. True
b. False
The rule of necessity:
a. requires that decisions in formal adjudicative hearings be in writing
b. requires that decisions in formal adjudicative hearings be in writing and supported by
findings and conclusions
c. requires that decisions in formal adjudicative hearings be in writing and supported
by findings and conclusions as well as reasons and bases for the decision
d. none of the above
The nondelegation doctrine has less applicability in matters of ____ affairs than it does
in domestic affairs.
Congress must provide sufficient ____ to an agency to guide it in the administration of
the power it has been delegated.
Explain the difference between a ministerial act and a discretionary act under the
Federal Tort Claims Act.
The Federal Mediation and Conciliation Service (FMCS) acts as ____ in labor
disputes that affect interstate commerce and encourages parties to engage in arbitration
to resolve their disputes.
A state law that prohibits aliens from holding public office falls under the ____
relationship test.
Explain the factors that have led to the growth in the number of federal administrative
agencies.
A federal prisoner incarcerated on racketeering and drug-related convictions brings an
action against the U.S. Department of Justice (DOJ) alleging violation of the
Government in the Sunshine Act in connection with his requests for a variety of records
that he believes would exonerate him and show government misconduct. Describe the
purpose of the Government in the Sunshine Act and how the act could help the prisoner.
The process whereby agencies establish law to implement or perform a statutory duty is
known as _____.
While some scholars have referred to administrative agencies as the fourth branch of
government, after creation, most administrative agencies fall under the aegis or control
of the _____ branch.
The federal Administrative _______ Act is the comprehensive statute governing the
procedures that agencies must follow when performing their functions.
A prosecutor may not consider a person’s ____, gender, or religious affiliation when
making a decision on whether to prosecute.
Administrative law judges are selected from a list of qualified applicants prepared by
the Office of _____ Management, creating a corps of merit-appointed judges.
Discuss the differences between executive agencies and independent agencies.
Due process cost-benefit analysis focuses on the costs and benefits of additional _____.
Explain three ways how a delegation by Congress may violate the U.S. Constitution.
Prosecutorial discretion includes deciding whom to _____ and prosecute.
In old England, the crown could do no wrong, which serves as the historical source of
the doctrine of _____ immunity, holding that the government is immune from suit.
In Gonzales v. Reno the court chose to uphold the INS right to make a policy decision in
the absence of Congressional direction. They did make known that they “are not
untroubled by the degree of obedience that the INS appears to give to the wishes of
parents, especially parents who are outside of this country’s jurisdiction.” The court also
showed concern with the INS policy of not considering the communist-totalitarian state
to itself justify the consideration of Elian’s asylum petition. Ultimately, however, the
court found the INS decision not to be unreasonable. Do you believe it is possible for an
administrative agency to be able to make fair and constitutionally defendable alternative
decisions based on varying fact situations on a case-by-case basis, or must a single,
fairly rigid policy be utilized?
_____ is a common law writ issued by a superior tribunal to an inferior tribunal
or person requiring that some action be taken.
The Social Security Act of 1935 that sets forth the responsibilities and authority of the
Social Security Administration is an example of a(n) ______ statute.