Deck 13: Regulation and the Courts

Question 1

Each of the following methods is used to invoke courts' regulation of the regulators EXCEPT ______.

A) partial preemption
B) tort action
C) class-action suits
D) assuming the roles of private attorneys general

Answer 1

A

Question 2

In addition to regulating autonomously, state and local governments ______.

A) are not subject to partial preemption
B) cannot administer federal programs
C) can administer national regulatory programs
D) are not subject to congressional authority

Answer 2

C

Question 3

Regulatory administration revolves around all of the following main values EXCEPT ______.

A) sound decisions
B) procedural fairness
C) cost reductions
D) policy achievement

Answer 3

C

Question 4

Antitrust laws are designed to ______.

A) promote safety
B) prevent monopolies and unfair methods of competition
C) assure quality of consumer products
D) prohibit discrimination

Question 5

Courts regulate the regulators in each of the following ways EXCEPT ______.

A) by arbitrating appeals from agency rules and specific decisions
B) by issuing orders requiring companies to comply with agency rules
C) by offering free legal counsel to companies sued by government agencies
D) in suits filed against agencies that require the issuance of implied statutes

Question 6

Which two constitutional amendments, along with a body of case law, frame government regulation and describe the procedure by which government officials should follow to administer regulations?

A) the Fourth and Sixteenth Amendments
B) the Fifth and Fourteenth Amendments
C) the First and Nineteenth Amendments
D) the Thirteenth and Tenth Amendments

Question 7

Which of the following terms refers to one of two basic regulatory approaches used by administrative agencies wherein public managers write regulations that apply to all persons and organizations meeting certain guidelines?

A) administrative rulemaking
B) adjudication
C) performance management
D) management by objectives

Question 8

In the past fifty years, which two presidential administrations have been most in favor of using cost-benefit analysis in an attempt to reduce government regulations?

A) the Reagan and Bush administrations
B) the Clinton and Obama administrations
C) the Ford and Kennedy administrations
D) the Carter and Nixon administrations

Question 9

Especially since the ______, presidents have been working hard to exert greater control over government regulation.

A) Carter administration
B) Reagan administration
C) Ford administration
D) Nixon administration

Question 10

Unlike economic regulation, social regulation tends to lodge primary responsibility in ______.

A) department bureaus or independent agencies rather than independent commissions
B) independent commissions rather than department bureaus or independent agencies
C) state and local agencies rather than federal agencies
D) federal bureaus rather than state and local agencies

Question 11

The three main values that are the basis for regulatory administration are ______.

A) procedural fairness, efficiency, and policy achievement
B) procedural fairness, sound decisions, and efficiency
C) procedural fairness, sound decisions, and policy achievement
D) sound decisions, policy achievement, and efficiency

Question 12

In pursuing the objectives of government regulation, which of the following three features are central?

A) class action suits, cost reductions, and delegation of legislative power
B) tort action, cost-benefit analysis, and procedural fairness
C) deregulation, regulatory action, and tort action
D) adequacy of resources, regulatory procedure, and delegation of legislative power

Question 13

Government regulation can be broken down into which two overarching types?

A) economic and moral
B) social and economic
C) federal and state
D) federal and local

Question 14

In 1998, a class-action suit awarded an estimated $246 billion to ______.

A) the National Wildlife Federation
B) the tobacco companies at the expense of the states
C) citizens affected by the herbicide Agent Orange
D) the states at the expense of the tobacco companies

Question 15

The text argues that U.S.government regulation has been occurring since ______.

A) 1789
B) the passage of the Nineteenth Amendment
C) the Civil War
D) the civil rights movement of the 1960s

Question 16

In addition to administering national regulatory programs, state and local governments can regulate ______.

A) only under statutory mandates
B) only with federal involvement
C) only with partial preemption
D) autonomously

Question 17

The two major methods used to determine whether to implement regulation are ______.

A) partial preemption and private attorneys general
B) risk assessment and partial preemption
C) partial preemption and tort action
D) risk assessment and cost-benefit analysis

Question 18

Regulation has been a power vested in the U.S.government since ______.

A) the Constitution of 1789
B) World War II
C) the ratification of the Bill of Rights
D) the passage of the Fourteenth Amendment

Question 19

In contrast to government agencies that develop agendas of priorities to bring about certain goals, the role of the courts in the regulatory system is largely passive, because ______.

A) they depend on other parties to bring cases before them and rule on those cases
B) they depend on other parties to bring many cases to a single court in order to focus on many cases at the same time
C) they depend on individuals to act as private attorneys general
D) they depend on organizations to act as private attorneys general

Question 20

When administrative agencies use adjudication, they ______.

A) bring a case before a federal judge
B) set forth broad standards to apply to all persons and organizations meeting certain guidelines
C) bring a case before an administrative law judge
D) lobby the president for more funding

Question 21

In the 1960s, courts accorded federal officials no immunity from tort actions when they perform duties required by law under their control or supervision.

Question 22

According to the text, ______ are the central nervous system of government.

A) administrators
B) regulations
C) decisions
D) budgets

Question 23

What offers this blanket authorization: "A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof"?

A) Hamilton's 1789 Report on the Subject of Manufactures
B) the Administrative Procedure Act of 1946
C) Gramm-Rudman
D) the Volcker Report

Question 24

Why is risk assessment relevant to regulation?

Question 25

When does capture enhance the ability of the regulatory bodies to oversee the activities of private companies?

A) always
B) never
C) It depends on court rulings.
D) It varies from state to state.

Question 26

Standing to sue is the legal right of an ______.

A) organization to file a legal action
B) individual to file a legal action
C) individual or organization to file a legal action
D) agency to file a legal action

Question 27

What type of regulation is intended to limit monopolies and unfair methods of competition?

A) externalities laws
B) antitrust laws
C) adjudication laws
D) standing laws

Question 28

All of the following are generally considered part of the Federal Regulatory Process EXCEPT ______.

A) comments by the public
B) final regulation
C) advanced notice of proposed rulemaking
D) congressional committee markup sessions

Question 29

Adjudication means that an agency sets forth broad standards that apply to all persons and organizations meeting certain guidelines.

Question 30

______ refers to an agency setting forth broad standards that apply to all persons and organizations meeting certain guidelines.

A) Adjudication
B) Administrative rulemaking
C) Partial preemption
D) Tort action

Question 31

It is possible to reduce economic regulation while expanding social regulation.

Question 32

According to the text, the American public is generally ______ regulation.

A) indifferent about
B) friendly toward
C) critical toward
D) content with

Question 33

The courts have tended to attribute intentions to Congress that are not apparent in the language of statutes.

Question 34

______ are often used to determine whether to implement regulation.

A) Risk assessment and tort action
B) Cost-benefit analysis and partial preemption
C) Cost-benefit analysis and risk assessment
D) Tort action and assuming the roles of private attorneys general

Question 35

Which of the following is a private lawsuit for money damages, usually brought against a private person or corporation?

A) class action
B) dual action
C) suppression hearing
D) rule review

Question 36

Briefly, what is cost-benefit analysis?

Question 37

State and local governments can regulate only with the involvement of the federal government.

Question 38

According to the traditional rule, in order to exercise standing to sue, the plaintiff must show that a so-called legal wrong is involved.

Question 39

Cost-benefit analysis and risk assessment are two types of ______.

A) adjudication techniques used by the courts
B) preemption strategies
C) delay tactics used by agencies under review
D) expert techniques to assess whether regulation should exist

Question 40

Regulatory administration revolves around ______.

A) democracy, efficiency, and the Constitution
B) economy, efficiency, and equitability
C) procedural fairness, substantive correctness, and achievement of goals
D) right, wrong, and areas of uncertainty

Question 41

How do presidents regulate the regulators?

Question 42

What is administrative rulemaking?

Question 43

What two main regulatory approaches are used by administrative agencies?

Question 44

What is the Administrative Procedure Act of 1946?

Question 45

What is the primary method the president uses to regulate the regulators?

Question 46

How is expertise relevant to regulation?

Question 47

Is regulation strictly an activity of the federal government?

Question 48

What are the two roles of state and local government regulation?

Question 49

Name the three values at the core of regulatory administration and describe the complexities involved in pursuing them.

Question 50

In what circumstances do the courts regulate the regulatory system?

Question 51

Can regulations be arbitrarily imposed?

Question 52

Identify and describe the two main categories of government regulation.

Question 53

Define and describe the term externalities.

Question 54

According to the text, why does government regulation exist?