Hybrid rulemaking requirements may be imposed by:
a. the Congress only
b. the President only
c. either the Congress and/or the President
d. None of the above. Only the judiciary exercising judicial review may mandate hybrid
rulemaking requirements.
The level or degree to which a case must be proven is called the burden of persuasion.
a. True
b. False
The decision in INS v. Chadha established that:
a. only the House of Representatives may invalidate a decision of an executive agency
b. only the Senate may invalidate a decision of an executive agency
c. only a bicameral legislative decision may invalidate a decision of an executive
agency
d. decisions of an executive agency may not be invalidated by anyone except the
president
The Fifth Amendment privilege against self-incrimination applies to:
a. corporations only
b. any business entity
c. natural persons
d. any business entity and natural persons
Ex parte communications are expressly prohibited with regard to ________ hearings.
a. formal rulemaking
b. informal rulemaking
c. exempted rulemaking
d. negotiated rulemaking
Which of the following automatically becomes final unless appealed?
a. Initial decisions
b. Recommended decisions
c. Preliminary decisions
d. All of the above
e. None of the above
Courts generally recognize that administrative inspections differ from searches
in criminal cases for each of the following reasons except:
a. agencies, being executive in nature, are afforded privileges that allow them
to circumvent many rules in order to conduct their business efficiently
b. administrative searches usually do not have the purpose of securing evidence
of criminal activities
c. agencies in today’s complex society must be given broad authority to enforce
their mandates
d. there is a lower expectation of privacy in business premises
Possessing a belief about a case before it has been heard does not require an ALJ
to resign from the case unless the ALJ has a firmly established belief as to what the
final outcome should be.
a. True
b. False
Qualified immunity is:
a. freedom from being sued for performing certain functions
b. freedom from liability for performing certain functions
c. freedom from punitive damages but not compensatory damages
d. freedom from compensatory damages but not punitive damages
Match the key term in Column 1 to its description in Column 2.
Rulemaking that involves adding additional requirements to established or
customary rulemaking procedures is called:
a. formal rulemaking
b. informal rulemaking
c. exempted rulemaking
d. hybrid rulemaking
Because the Fourth Amendment rights against unreasonable search and seizure
are fundamental constitutional rights, warrants are always required in every search and
an individual may not consent to a warrantless search.
a. True
b. False
Executive prerogative to remove individual expenditures from a budget is called a:
a. line item veto
b. legislative item veto
c. column item veto
d. row item veto
The Supreme Court has held that the states are special litigants for purposes
of establishing standing.
a. True
b. False
Executive agencies are generally part of the executive branch while independent
agencies are generally part of the legislative branch of the government.
a. True
b. False
Prosecutorial discretion to plea bargain in criminal cases is constitutionally
protected and therefore valid in all 50 states.
a. True
b. False
In camera review means:
a. individuals may review their records
b. individuals may review their records and copy them
c. the court may review records in open court
d. the court may review records in private
An employee brings an action against the Department of Veterans Affairs (VA), alleging
that the VA violated the Privacy Act by disclosing to his union representative his
HIV-positive status and his use of marijuana for medical purposes. Discuss the purpose
of the Privacy Act.
What is the name of the U.S. Supreme Court case where the Court invalidated the
single-house legislative veto?
a. Clinton v. New York
b. INS v. Chadha
c. Myers v. U.S.
d. Buckley v. Valeo
Federal courts review FIOA cases de novo.
a. True
b. False
Match the case name in Column 1 to the holding of the court in Column 2.
Which of the following is not part of the three-prong test to determine standing
created by the court in Association of Data Processing Service Organizations v. Camp?
a. Plaintiff must be within the zone of interest protected by the statute or
the constitutional guarantee in question.
b. Plaintiff must suffer an injury in fact.
c. There is a likelihood that the injury will be redressed by a favorable decision.
d. Plaintiff has a verifiable intellectual or metaphysical interest in the issue.
Absolute immunity is:
a. freedom from being sued for performing certain functions
b. freedom from liability for performing certain functions
c. freedom from punitive damages but not compensatory damages
d. freedom from compensatory damages but not punitive damages
Which of the following is considered a nondiscovery device?
a. Requests for admissions
b. Bills of particulars
c. Subpoenas
d. Stipulations
The primary jurisdiction doctrine is applied only to closely regulated industries.
a. True
b. False
Which of the following consists of oral questions answered orally?
a. Depositions
b. Interrogatories
c. Requests for admissions
d. Subpoena
Private letter rulings are formal and binding rulings.
a. True
b. False
A restaurant is an example of a closely regulated business.
a. True
b. False
Requiring exhaustion of remedies prior to judicial review is beneficial because:
a. it promotes agency economy, saving the agency time and money
b. it promotes agency autonomy and independence
c. judges are frequently more experienced and more expert in agency-related matters, so
it’s better to have the judge available to fix agency errors and mistakes after the agency
determination
d. all of the above
e. none of the above
The APA specifically requires that courts applying the substantial evidence test consider
the entire agency record.
a. True
b. False
Due process always requires that a formal hearing be conducted.
a. True
b. False
Which of the following is violative of equal protection?
a. A law requiring a person to be 21 years old to buy or consume beer or liquor
b. A rule requiring a person applying for a bar examination to have graduated
law school
c. A law requiring a person to be 17 years old to obtain a driver’s license
d. A law requiring a city police force to be at least 40% female
Under the APA, declaratory orders are subject to ____ review by the courts for abuses
of discretion.
After denial of a claim by agency officials, a dissatisfied claimant for government
benefits may have a hearing before a(n) ____.
Explain the difference between Bivens actions and 1983 actions.
Explain when a taxpayer can have standing to seek relief in federal court to mount a
challenge under the Establishment Clause.
Discuss what efforts have been made to ensure the independence of administrative law
judges.
In a split 5-4 decision, the U.S. Supreme Court held in Arizona Christian School
Tuition Organization v. Winn, 131 S.Ct. 1436 (2011) that taxpayers lacked standing to
bring an action alleging that an Arizona statute, which granted tuition tax credits to
income taxpayers who contributed money to ‘student tuition organizations” (STO) that
used the contributions to provide scholarships to students attending private schools,
including religious schools, violated the First Amendment’s Establishment Clause.
Justice Kennedy wrote the opinion of the court holding that the taxpayers lacked
standing. Justice Kagan filed a dissenting opinion, in which Justices Ginsburg, Breyer,
and Sotomayor joined. Discuss whether you agree with the majority opinion or the
dissenting opinion in the case.
Answer:Student answers will vary.
One purpose in favor of government liability is to provide just _____ to harmed
citizens.
Discuss whether mandatory AIDS testing of prison inmates without having probable
cause or a warrant violates the Fourth Amendment.
The doctrines of federalism and separation of powers prohibit the federal government
from interfering with states where there is no direct connection to a constitutionally
delegated federal power. As a result, attempts at federal gun control were found
unconstitutional in the cases of United States v. Lopez and Printz v. United States.
Assuming that the court’s interpretation of the law was accurate, do you believe that the
states’ power to regulate in these matters should outweigh the federal government’s right
to do so? What, if anything, should be done?
Once it is determined that due process must be afforded, courts employ a _____
analysis when deciding what procedure must be afforded.
How do the rules pertaining to evidence differ between federal judicial trials and
administrative hearings?
Discuss the different questions to determine what must be done to satisfy due process in
the cost-benefit analysis before a life, liberty, or property interest may be taken by the
government.
Explain the circumstances when a private government contractor is subject to liability
for providing a traditional public function. Give an example where a private contractor
could be found liable.
Explain why the U.S. Supreme Court invalidated the line item veto inClinton v. City of
New York.
The _____ principle is the doctrine that requires Congress to provide agencies with
legitimate, comprehensible guidelines to limit the authority of the agency
when exercising delegated rulemaking authority.
A taxpayer that is not sure if a particular deduction is valid can request a(n) _____
opinion from the agency that offers the agency’s interpretation of law or asserts the
agency’s policy, practices, or procedures.
Do you agree with how recordkeeping and reporting is addressed by the APA? Explain.
Answer:Student answers will vary.
Each state has its own rulemaking requirements, and state rulemaking requirements
often differ significantly from the federal formal versus informal model. Discuss
whether you think your state should follow the federal pattern for rulemaking.
Answer:Student answers will vary.
Explain the different forms of discovery used in adjudications.