The president’s cabinet is made up of heads of executive and independent committees.
a. True
b. False
Agency statements of policy and interpretation adopted by the agency but not published
in the Federal Register must be made available for inspection and copying.
a. True
b. False
Agency requests regarding recordkeeping and reporting are not subject to federal
or state privileges against self-incrimination.
a. True
b. False
Which of the following may a prosecutor consider when making a decision on whether
to prosecute?
a. race
b. gender
c. religion
d. expense of prosecution
Courts have determined that a predetermination hearing is required in which of
the following?
a. Disability benefits
b. Welfare benefits
c. Unemployment benefits
d. All of the above require a predetermination hearing.
e. None of the above requires a predetermination hearing.
When the federal and state governments share the same power they are said to have:
a. communal jurisdiction
b. common jurisdiction
c. combined jurisdiction
d. concurrent jurisdiction
In Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council,
the court determined that:
a. courts may require agencies to expand APA notice-comment procedures to permit
oral comment
b. courts may require agencies to expand APA notice-comment procedures to require
trial-type hearings
c. courts may require agencies to expand APA notice-comment procedures to permit
oral comment and to require trial-type hearings
d. courts may not impose variations on the APA notice-comment requirements
The exhaustion of remedies doctrine does not apply to:
a. civil rights cases
b. cases where there is a constitutional challenge to the law being applied
c. criminal cases
d. all of the above
e. none of the above
Which term describes a situation where an agency exceeds its statutory mandate and
acts outside of the scope or legal limits?
a. Ultra vires
b. Advisory opinion
c. The Chevron Doctrine
d. Agency immunity
For a warrantless inspection to be valid, each of the following elements must be shown
except:
a. the government must have a substantial interest in the inspection
b. the government must show probable cause of illegal or improper activity,
thereby legitimizing the inspection
c. the warrantless inspection must further the government’s substantial interest
d. the statutory scheme that substitutes for the warrantless procedure must be reasonable
The exhaustion of remedies doctrine requires that state and administrative remedies
be exhausted before a 1983 action may be filed.
a. True
b. False
Official immunity gives public officials ________ immunity for the performance
of ________ acts.
a. absolute; ministerial
b. qualified; ministerial
c. absolute; discretionary
d. qualified; discretionary
The Social Security Administration is a federal agency that provides retirement and
disability benefits. What type of agency is the Social Security Administration?
a. Regulatory agency
b. Public service agency
c. Social welfare agency
Records concerning the enforcement of criminal laws are not subject to
disclosure under the:
a. FOIA
b. Privacy Act
c. FOIA and Privacy Act
d. none of the above; records concerning the enforcement of criminal laws are not
exempted from disclosure
Administrative law defines the powers, limitations, and procedures of
administrative agencies.
a. True
b. False
In Foley v. Osborne Court Condominiums, the court decided that:
a. private entities may impose fines as long as the fines do not accrue
b. private entities may impose fines even if the fines accrue
c. private entities may not impose fines
d. private entities may not impose fines unless a hearing is conducted
For a case to be considered ripe, the rule that comprises the issue in the case must
have been applied and injury must have resulted prior to the filing of the case.
a. True
b. False
Peretz v. United States established that:
a. the defendant in a criminal action may demand that an Article III judge preside
over critical stages of the proceedings
b. the defendant in a criminal action may waive the right to have an Article III
judge preside over critical stages of the proceedings
c. the defendant in a criminal action may demand or may waive the right to have an
Article III judge preside over critical stages of the proceedings
d. none of the above
Whenever notice is taken of a material fact, the agency must give the parties
an opportunity to disprove the truth of the fact noticed.
a. True
b. False
Which amendments to the U.S. Constitution require the government to pay
just compensation to the property owner for takings?
a. Fifth and Fourteenth Amendments
b. Fifth and Fifteenth Amendments
c. Fourth and Fourteenth Amendments
d. Fourth and Tenth Amendments
Generally, rules and rulemaking involve individual claims.
a. True
b. False
The Nuclear Regulatory Commission is a federal agency that is responsible for
rate-making for energy matters of a national scale. What type of agency is the Nuclear
Regulatory Commission?
a. Regulatory agency
b. Public service agency
c. Social welfare agency
As a tax-paying American citizen, you are constitutionally afforded
standing automatically to challenge a federal law or decision you feel is wrong.
a. True
b. False
Legislative discretion in providing for review is considered an absolute authority.
a. True
b. False
If a person’s Eighth Amendment rights are violated by an FBI agent acting under color
of law, a claim may be brought:
a. under 1983
b. directly under the Constitution (a Bivens claim)
c. under 1983 and directly under the Constitution (a Bivens claim)
d. none of the above; the claim is brought under the Tucker Act
Which of the following may be imposed on both parties and witnesses?
a. Depositions
b. Interrogatories
c. Requests for admissions
d. All of the above apply to both parties and witnesses.
The decision to fight a fire is ________; fighting the fire is ________.
a. discretionary; ministerial
b. discretionary; discretionary
c. ministerial; ministerial
d. ministerial; discretionary
Match the case name in Column 1 to the holding of the court in Column 2.
Which U.S. President initiated the creation of many new agencies as part of his New
Deal efforts to revive the economy during the Great Depression?
a. Theodore Roosevelt
b. Franklin D. Roosevelt
c. Woodrow Wilson
d. Harry S. Truman
Which of the following best describes the applicability of the First Amendment’s
Free Speech Clause to work-related speech of government employees?
a. The First Amendment is fully applicable to work-related speech.
b. The First Amendment does not apply to work-related speech.
c. The First Amendment does not apply to work-related speech if the government
can show a compelling interest for its nonprotection.
d. The First Amendment protects only work-related speech and not other speech
of government employees.
Requirements that a law be related to a governmental purpose are described as:
a. procedural due process
b. substantive due process
c. practical due process
d. substantial due process
Disagreement with an agency’s policy decision is not the proper basis for a lawsuit.
a. The ultra vires doctrine
b. Elian’s Law
c. The Chevron Doctrine
d. Agency immunity
Which of the following is not a reason that explains the existence of agencies?
a. The government is so large that Congress does not have the time to make all of
the laws needed.
b. Congress is too small to be expert in all areas that it regulates.
c. Agencies allow the President and Congress to delegate their responsibilities, allowing
a shift of accountability and the establishment of a protective buffer regarding
controversial or contentious matters.
d. Congress is too busy to be proficient in all areas that it regulates.
The degree to which a court defers to an agency’s decision is known as a standard of
_____.
Closely regulated businesses may be inspected without a warrant being obtained first
because owners and operators of closely regulated businesses have a
reduced expectation of _____.
Informal agency procedures that fall outside of rulemaking and adjudication constitute
the bulk of administrative work and are considered the _____ of the administrative
process.
Within two years of President Franklin D. Roosevelt’s inauguration, the U.S.
Supreme Court had invalidated several pieces of New Deal legislation. In response,
President Roosevelt proposed to Congress that it enlarge the Supreme Court by
permitting a new appointment for every justice over the age of 70. What if the current
U.S. President proposed to Congress that it enlarge the Supreme Court by permitting a
new appointment for every justice over the age 70 today? Would the court uphold the
validity of expanding the number of justices on the U.S. Supreme Court? Explain your
position.
Answer:Student answers will vary.
The Privacy Act specifically forbids maintaining a record on how any person
exercises his or her rights under the _____ Amendment to the U.S. Constitution, unless
authorized to do so by statute or such information is within the scope of a law
enforcement activity.
Explain why the U.S. Supreme Court invalidated the legislative veto in INS v. Chadha.
Explain the legal residuum rule.
President Franklin D. Roosevelt initiated the creation of many new agencies as part
of his _____ efforts to revive the economy and to correct other social problems the
nation was experiencing.
Justice Holmes defined _____ as a process that investigates, declares, and enforces
liabilities as they stand on present or past facts and under laws supposed already to
exist.
If a law encroaches upon civil liberties or classifies individuals using certain criteria,
it is held to a higher standard under _____ due process.
If a statute does not provide for review, _____ review may be available.
Generally, blood, drug, or urine testing to uncover criminal activity requires _____.
In INS v. Chadha, the U.S. Supreme Court invalidated the _____ veto, a mechanism
used by Congress to invalidate agency action.
The U.S. Constitution has two Due Process Clauses: one in the Fifth
Amendment, which applies to the federal government, and another in the ______
Amendment, which applies to the states.
In the U.S. Supreme Court case _____ decided in 1825, the U.S. Supreme Court upheld
a congressional delegation to the courts to make certain rules of operation.
Written statements propounded by one party that must be responded to by the other
party by admitting, denying, or objecting to each statement are called requests for
_____.