Question 1

Congress can prohibit certain judicial review as long as the exception:
A)does not hinder free market business operations
B)does not make international trade difficult
C)does not violate constitutional rights
D)does not violate the common-law
E)none of the other choices are correct

Accepted Answer

Prohibiting judicial review cannot violate constitutional rights, as they are the supreme law of the land and must be upheld. Choices A and B are not relevant to the question of judicial review. Choice D may be important, but it is not the most important consideration when determining the permissibility of limiting judicial review.

Question 2

In Lujan v.Defenders of Wildlife,where foreign aid decisions of the U.S.government were
Challenged as a violation of the Endangered Species Act,because the Nile crocodile in Egypt could be harmed,the Supreme Court held:
A)the plaintiffs had no standing to bring the case because there was no injury in fact
B)the plaintiffs had standing because they had visited the area where the crocodiles lived
C)the animals at issue were not endangered and so were not the proper subject of a lawsuit
D)although the plaintiffs had standing to sue,the issue of saving crocodiles was beyond the court's expertise
E)the Endangered Species Act was the wrong statute under which to bring this claim

Accepted Answer

The Supreme Court held that the plaintiffs had no standing to bring the case because they could not demonstrate an injury in fact. Simply being concerned about the well-being of the Nile crocodile in Egypt was not enough to establish standing under the Endangered Species Act.

Question 3

The ______________ prevents unnecessary lawsuits by giving the agency the full chance to get the decision right.
A)exhaustion doctrine
B)standing doctrine
C)judicial doctrine
D)judicial review doctrine
E)substantive determination doctrine

Accepted Answer

The exhaustion doctrine requires that plaintiffs exhaust all available administrative remedies before bringing a lawsuit in court. This prevents unnecessary lawsuits and gives the agency the opportunity to correct any errors before litigation is initiated.

Question 4

The procedural requirement of _______________ requires that there can be no judicial review until the agency's decision is final so that the court will have the final issues in the case before it and not hypothetical questions or unresolved disputes.
A)jurisdiction
B)reviewability
C)standing
D)exhaustion
E)none of the other choices are correct

Accepted Answer

The answer of The procedural requirement of _______________ requires that...

Question 5

The procedural requirement of _______________ requires that there can be no judicial review until the agency's decision is final so that the court will have the final issues in the case before it and not hypothetical questions or unresolved disputes.
A)jurisdiction
B)reviewability
C)standing
D)ripeness
E)exhaustion

Accepted Answer

The procedural requirement described in the question is that of ripeness. Ripeness requires that legal disputes be resolved with a final decision by the agency involved, so that courts are not asked to rule on hypothetical or incomplete issues. This ensures that courts only weigh in on concrete legal problems, rather than speculating on what might happen in the future.

Question 6

A person who wishes to bring a complaint against another person or business for violation of a statute administered by a federal agency must first:
A)receive approval of the appropriate district court judge to file suit
B)receive approval of the appropriate U.S.district attorney to file suit
C)exhaust all legislative channels before bringing suit
D)exhaust all administrative channels before bringing suit
E)convince the ALJ that the case warrants a review

Accepted Answer

A person must first exhaust all administrative channels before bringing suit against another person or business for violation of a statute administered by a federal agency. This means that the person must follow the complaint process and procedures established by the federal agency before filing a lawsuit.

Question 7

In Summers v.Earth Island Institute,where the decision of the Forest Service to sell burned timber on 238 acres without preparing an environmental impact statement or formal notice of the sale was challenged as a violation of the Forest Service Decisionmaking and Appeals Reform Act,the Supreme Court held that since the:
A)Forest Service is exempt from most judicial review,the plaintiffs could only challenge the Forest Service's decisions in certain states
B)Forest Service is exempt from all judicial review,the plaintiffs could not challenge Forest Service's decisions in court
C)plaintiffs could not demonstrate standing,they could not challenge the Forest Service's actions in court
D)plaintiffs could only demonstrate standing,they could not challenge the Forest Service's actions in court
E)plaintiffs could demonstrate standing,they could challenge the Forest Service's actions in court

Accepted Answer

The Supreme Court held that the plaintiffs could not demonstrate standing, which is a requirement for bringing a lawsuit, meaning they could not challenge the Forest Service's actions in court.

Question 8

The ______________ prevents unnecessary lawsuits by giving the agency the full chance to get the decision right.
A)substantive determination doctrine
B)standing doctrine
C)judicial doctrine
D)judicial review doctrine
E)none of the other choices are correct

Accepted Answer

The correct term for the principle that prevents unnecessary lawsuits by giving the agency the full chance to get the decision right is not listed among the options provided. The closest concept to this description is the "exhaustion of administrative remedies," which requires all potential administrative avenues of relief to be pursued before a court will consider the matter. None of the options accurately describe this principle.

Question 9

In a case involving judicial review of an administrative agency's decision,the court's _____________ determines how far it can go in examining the action.
A)judicial scope
B)scope of review
C)ability to review
D)extent of review
E)substantive scope

Accepted Answer

The "scope of review" refers to the extent to which a court can review an administrative agency's decision. This includes determining the relevant legal standards and factual findings, as well as evaluating the decision-making process of the agency. Therefore, option B is the best choice. Options A, C, D, and E are all related concepts but do not accurately describe the specific issue at hand.

Question 10

In Summers v.Earth Island Institute,where the decision of the Forest Service to sell burned timber on 238 acres without preparing an environmental impact statement or formal notice of the sale was challenged as a violation of the Forest Service Decisionmaking and Appeals Reform Act,the Supreme Court held that since the:
A)Forest Service is exempt from most judicial review,the plaintiffs could only challenge the Forest Service's decisions in certain states
B)Forest Service is exempt from all judicial review,the plaintiffs could not challenge Forest Service's decisions in court
C)plaintiffs could demonstrate standing,they could challenge the Forest Service's actions in court
D)plaintiffs could only demonstrate standing,they could not challenge the Forest Service's actions in court
E)none of the other choices are correct

Accepted Answer

The Supreme Court held that the plaintiffs lacked standing to challenge the Forest Service's actions because they could not demonstrate a concrete injury that would be directly addressed by winning the lawsuit. The options provided misrepresent the Court's reasoning regarding judicial review and standing.

Question 11

When Congress grants courts the ability to review administrative actions,it may:
A)only specify the subject matter of court review
B)only specify the personal jurisdiction of the court
C)only specify that in rem jurisdiction is permitted
D)specify the outcomes of court adjudications
E)none of the other choices

Accepted Answer

The answer of When Congress grants courts the ability to...

Question 12

The procedural requirement of _______________ requires that a party seeking judicial review must have sought relief through all possible agency appeal processes before seeking review by the courts.
A)jurisdiction
B)reviewability
C)standing
D)ripeness
E)exhaustion

Accepted Answer

The procedural requirement described in the prompt is exhaustion.

Question 13

Loraine wants to sue the Federal Aviation Administration because she thinks the local airport is too noisy and is operated carelessly.She has exhausted all administrative channels and now wishes to bring suit.Loraine should file her suit:
A)in the state district court where she lives
B)in the state district court in which the airport owner lives
C)in the federal district court nearest the airport because this is a federal question
D)with the Supreme Court because this controversy involves a statutory interpretation
E)none of the other choices

Accepted Answer

The answer of Loraine wants to sue the Federal Aviation...

Question 14

Courts may not review agency actions if:
A)judicial review is prohibited by statute
B)the Supreme Court is not in session
C)the agency requests special protection
D)the agency invokes its Constitutional rights
E)none of the other choices are correct

Accepted Answer

If a statute prohibits judicial review of agency actions, the courts do not have the authority to review those actions.

Question 15

The procedural requirement of _______________ requires that a party seeking judicial review must have sought relief through all possible agency appeal processes before seeking review by the courts.
A)jurisdiction
B)reviewability
C)standing
D)ripeness
E)none of the other choices are correct

Accepted Answer

The answer of The procedural requirement of _______________ requires that...

Question 16

A person who wishes to bring a complaint against another person or business for violation of a statute administered by a federal agency must first:
A)receive approval of the appropriate district court judge to file suit
B)receive approval of the appropriate U.S.district attorney to file suit
C)exhaust all legislative channels before bringing suit
D)convince the ALJ that the case warrants a review
E)none of the other choices

Accepted Answer

The person can file a complaint directly with the appropriate federal agency. They do not need to receive approval from a judge or district attorney, exhaust legislative channels, or convince an ALJ to review the case before filing a complaint.

Question 17

When Congress grants courts the ability to review administrative actions,it may:
A)only specify the subject matter of court review
B)only specify the personal jurisdiction of the court
C)specify that judicial review is prohibited
D)only specify that in rem jurisdiction is permitted
E)none of the other choices

Accepted Answer

Congress has the authority to specify that certain administrative actions are not subject to judicial review, effectively limiting the courts' ability to examine these actions. This is a mechanism used to ensure that certain executive decisions, especially those involving national security or other sensitive areas, can be made without the risk of being overturned or delayed by the judiciary.

Question 18

If a federal agency issues a new regulation,it may:
A)be challenged in court by any citizen--individual or corporate
B)be challenged by parties who claim the regulation caused them legally recognized harm
C)be challenged only if there is a constitutional issue in question
D)not be challenged if issued under a Congressional order that precludes all challenges
E)none of the other choices

Accepted Answer

Parties who claim the regulation caused them legally recognized harm can challenge the regulation in court. This is known as standing and is required for a court to hear a case. Individuals or corporations who are not directly affected by the regulation may not have standing to challenge it. Constitutional issues may also be raised in a challenge, but they are not the only basis for a legal challenge. There is no federal Congressional order that can completely preclude all legal challenges.

Question 19

Loraine wants to sue the Federal Aviation Administration because she thinks the local airport is too noisy and improperly operated.She has completed all administrative channels and reviews.Loraine should file her suit:
A)in the state district court where she lives
B)in the state district court in which the airport owner lives
C)in the federal district court nearest the airport because this is a federal question
D)file her suit in the court Congress specified when it wrote the enabling statute for the FAA
E)none of the other choices

Accepted Answer

The answer of Loraine wants to sue the Federal Aviation...

Question 20

In Lujan v.Defenders of Wildlife,where foreign aid decisions of the U.S.government were challenged as a violation of the Endangered Species Act,because the Nile crocodile in Egypt could be harmed,the Supreme Court held:
A)the plaintiffs had standing because they had visited the area where the crocodiles lived
B)the animals at issue were not endangered and so were not the proper subject of a lawsuit
C)although the plaintiffs had standing to sue,the issue of saving crocodiles was beyond the court's expertise
D)the Endangered Species Act was the wrong statute under which to bring this claim
E)none of the other choices

Accepted Answer

The Supreme Court held that the plaintiffs lacked standing because their interest in the matter was too speculative. They could not demonstrate a direct connection between their interest and the government's actions.

Quiz 15: The Regulatory Process

Congress can prohibit certain judicial review as long as the exception:

In Lujan v.Defenders of Wildlife,where foreign aid decisions of the U.S.government were Challenged as a violation of the Endangered Species Act,because the Nile crocodile in Egypt could be harmed,the Supreme Court held:

The ______________ prevents unnecessary lawsuits by giving the agency the full chance to get the decision right.

The procedural requirement of _______________ requires that there can be no judicial review until the agency's decision is final so that the court will have the final issues in the case before it and not hypothetical questions or unresolved disputes.

The procedural requirement of _______________ requires that there can be no judicial review until the agency's decision is final so that the court will have the final issues in the case before it and not hypothetical questions or unresolved disputes.

A person who wishes to bring a complaint against another person or business for violation of a statute administered by a federal agency must first:

The ______________ prevents unnecessary lawsuits by giving the agency the full chance to get the decision right.

In a case involving judicial review of an administrative agency's decision,the court's _____________ determines how far it can go in examining the action.

When Congress grants courts the ability to review administrative actions,it may:

The procedural requirement of _______________ requires that a party seeking judicial review must have sought relief through all possible agency appeal processes before seeking review by the courts.

Loraine wants to sue the Federal Aviation Administration because she thinks the local airport is too noisy and is operated carelessly.She has exhausted all administrative channels and now wishes to bring suit.Loraine should file her suit:

Courts may not review agency actions if:

The procedural requirement of _______________ requires that a party seeking judicial review must have sought relief through all possible agency appeal processes before seeking review by the courts.

A person who wishes to bring a complaint against another person or business for violation of a statute administered by a federal agency must first:

When Congress grants courts the ability to review administrative actions,it may:

If a federal agency issues a new regulation,it may:

Loraine wants to sue the Federal Aviation Administration because she thinks the local airport is too noisy and improperly operated.She has completed all administrative channels and reviews.Loraine should file her suit:

In Lujan v.Defenders of Wildlife,where foreign aid decisions of the U.S.government were challenged as a violation of the Endangered Species Act,because the Nile crocodile in Egypt could be harmed,the Supreme Court held: