Deck 6: Administrative Law

Question 1

A number of critics allege that certain administrative agencies have been "captured" by the enterprises they were created to regulate.

Answer 1

True

Question 2

The hearings conducted by an administrative agency provide for a jury.

Answer 2

False

Question 3

After administrators are appointed and approved, it is generally difficult to remove them.

Answer 3

True

Question 4

Courts frequently reverse the decisions of an administrative agency.

Question 5

When an administrative agency is established, the legislature usually:

A) specifies the purpose and the powers of the agency.
B) does not specify the purpose and the powers of the agency.
C) determines only the powers of the agency.
D) specifies only the purpose of establishing the agency.

Question 6

Administrative agencies only embody the judicial function of government.

Question 7

An agency is forbidden from regulating economic matters such as price, entry into a particular geographical area, or entry into a particular kind of business.

Question 8

The legislative branch at all levels of government consists of elected representatives who have the responsibility for passing laws that do not consider the will of the people.

Question 9

Each state has several levels of courts: trial courts, appeals courts, and a supreme court.

Question 10

The legislative function of the Consumer Protection Agency includes the daily operations of the agency and the establishment of general policies and objectives.

Question 11

Administrative agencies rarely regulate economic matters.

Question 12

When the agency is established, the executive branch usually specifies the purpose of the agency, the powers of the agency, and the actions the agency may take in carrying out the intentions of the law.

Question 13

_______ lack(s) the time and expertise to make the necessary rules to govern the operations of complex areas of social and economic life, such as energy, taxation, transportation, environmental pollution, employee safety, and communication.

A) Legislatures
B) The judicial branch
C) Administrative agencies
D) The executive branch

Question 14

The insurance industry is an example of a very simple industry with little need for effective regulators.

Question 15

The rules and regulations established by the Consumer Protection Agency resemble the decisions reached in a court of law.

Question 16

An administrative agency is a governmental body responsible for the control and supervision of a particular activity or area of public interest.

Question 17

An administrative hearing conducted by an administrative agency is in some respects like an informal court trial.

Question 18

The courts at the federal level are district courts, appeals courts, and the U.S. Supreme Court.

Question 19

In many cases, the need for specialized expertise in a given area can usually come only from the industry being regulated.

Question 20

To determine whether an administrative agency has abused its authority, the courts are guided by the statutes that established the agency and by the constitutions of the United States and the individual states.

Question 21

The voter has the opportunity to vote the executive into and out of office at:

A) regulatory agencies.
B) administrative agencies.
C) only one level of the government.
D) all three levels of the government.

Question 22

There are ________ general patterns in the executive organization of an administrative agency.

A) one
B) two
C) three
D) four

Question 23

To determine whether an administrative agency has abused its authority, the courts are guided by the statutes that established the agency and by the Constitution of the United States and the:

A) constitutions of the individual states.
B) United Nations.
C) International Court of Justice.
D) executive orders issued by the senators of each state.

Question 24

The determinations reached at a hearing conducted by an administrative agency:

A) cannot be appealed through the regular court system.
B) can be appealed through the alternative dispute resolution system.
C) can be appealed through the regular court system.
D) can be appealed only through in-house dispute resolution system.

Question 25

The legislative branch of government is made up of:

A) appointed officials.
B) elected representatives.
C) equal numbers of all political parties.
D) community leaders.

Question 26

At the federal level, the executive branch is headed by the___________.

A) mayor.
B) president.
C) senator.
D) governor.

Question 27

The executive function of the Consumer Protection Agency is performed by the agency:

A) clerk.
B) supervisor.
C) superintendent.
D) director.

Question 28

Administrative agencies:

A) exist only at the federal level of government.
B) do not exist at the federal level of government.
C) exist at all levels of government.
D) exist only at the state level of government.

Question 29

At the federal level, the three types of courts are _____________________.

A) the district courts, appellate courts and Supreme Court.
B) the probate courts, traffic courts and small claims courts.
C) the municipal courts, administrative courts, and county courts.
D) the family courts, juvenile courts and probate courts.

Question 30

The hearings conducted by an administrative agency do not provide for ___________.

A) due process.
B) the opportunity to appeal a decision. C the ability to represented by a lawyer.
D) a jury.

Question 31

The two houses of Congress are the.

A) House of Representatives and the Senate
B) Internal Revenue Service and the Consumer Protection Agency
C) Supreme Court and the executive branch.
D) executive and legislative branches.

Question 32

The agencies outside the executive branch that are headed by groups or individuals are created by the:

A) Congress.
B) Senate.
C) President.
D) Supreme Court.

Question 33

If a merchant refuses to appear before an administrative agency hearing:

A) his or her ?license cannot be granted.
B) his or her ?license can be revoked.
C) his or her ?license cannot be revoked.
D) his or her license can be granted.

Question 34

The CPA is a governmental body that stands for:

A) Consumer Protection Agency.
B) Consumer Proliferation and Administration.
C) Cost Protection Agency.
D) Customers and Purchasers Administration.

Question 35

The branch of the government that frequently delegates to administrative agencies some of their lawmaking authority is the:

A) legislative.
B) executive.
C) state judiciary.
D) federal judiciary.

Question 36

As a practical matter, the courts seldom reverse the decisions of the agency unless it can be shown that the agency has:

A) not abused its authority.
B) abused its authority.
C) not acted ultra vires.
D) acted within its judicial power.

Question 37

The executive branch of government sees that all legislation is:

A) approved.
B) enacted.
C) enforced.
D) dismissed.

Question 38

In many respects, administrative agencies are like governments within a government because they combine:

A) legislative, executive, and judicial functions.
B) legislative, appellate, and judicial functions.
C) executive, electoral, and judicial functions.
D) legislative, executive, and appellate functions.

Question 39

The judicial branch of government determines if:

A) there is a need for amendment in the legislation.
B) there have been violations of the law.
C) the law is being enforced.
D) the legislatures' intention is wrong.

Question 40

To determine whether an administrative agency has abused its authority, the courts are guided by _______________.

A) the agency director's decision.
B) the decision made by the jury.
C) the statute that created the agency, the U.S. Constitution, and state constitutions.
D) the year the agency was established.

Question 41

Give a brief explanation of the role of administrative agencies as instruments of the government, and provide at least one example of an administrative agency.

Question 42

What services do administrative agencies typically provide?

Question 43

Why is there a need for delegated legislation?

Question 44

Describe the two executive organizational patterns of administrative agencies.

Question 45

Describe the similarities and differences between the judicial function of an administrative agency and the formal judicial system.