Deck 11: Government Regulation and Administrative Law

Question 1

The independent regulatory entity that appears to have had the most difficult time, politically, in dealing with Congress during the 1980s and 1990s is

A)Public Health Service.
B)PDA.
C)FCC.
D)FTC.

Answer 1

D

Question 2

The case of Goldberg v.Kelly dealt with a perceived violation of

A)substantive rules.
B)procedural rules.
C)interpretive rules.
D)substantive justice.

Answer 2

B

Question 3

Regulatory bodies were endowed with adjudicatory authority and rule-making power beginning in 1914.

Answer 3

False

Question 4

State regulatory responsibilities lie primarily in the area of licensing various professions, such as medicine, law, and insurance.

Question 5

Which of the following statements is NOT true regarding recent tobacco policy?

A)Some federal taxes are used for children's health programs.
B)On average, state taxes are double those of the federal government.
C)States are taking the lead regarding tobacco policy.
D)President Bush supported Congressional adoption of a higher federal tobacco excise tax.

Question 6

Which of the following is NOT true?

A)Social regulation affects the conditions under which goods and services are produced and the physical characteristics of the products manufactured.
B)Social regulation arose out of a concern for reducing public exposure to risk.
C)Social regulation and economic regulation are interchangeable terms.
D)Economic regulation focuses on markets, rates, and the obligation to serve.

Question 7

Most regulations issued during the 1970s were of the same general types as those in force prior to 1970, although there were many more of them.

Question 8

The first of the independent regulatory boards and commissions (IRCs) in the national government was the ICC, founded in 1887.

Question 9

Government regulation began in the 1800s by requiring that industries meet certain standards; in this century the emphasis has switched to punishing and preventing abuses in the marketplace.

Question 10

Which of the following did consumer advocates of the 1960s and 1970s emphasize in their tactics?

A)Administrative law
B)Legislative maneuvers
C)Presidential support
D)Sabotage of government buildings

Question 11

A regulatory entity that twice in recent decades has seen its chairperson clash publicly with the president over major policy issues is the

A)FCC.
B)PTC.
C)SEC.
D)FRB.

Question 12

Which of the following is a dependent regulatory agency (DRA)?

A)FCC
B)FDA
C)ICC
D)FTC

Question 13

The FCC licenses radio and TV stations as well as newspapers, magazines, and periodic journals.

Question 14

President Carter's 1978 Executive Order 12044 was issued to bring regulatory bodies under tighter control and direction.

Question 15

A 1980 study of regulatory structure suggests that, in comparing IRCs and DRAs, the following statements are true except

A)the DRAs' political environment is more supportive of regulation.
B)DRAs operate with less discretion than do IRCs.
C)DRAs usually are designed to regulate in the interests of those being regulated.
D)DRAs usually have other, nonregulatory functions.

Question 16

In Bi-Metallic Investment Company v.State Board of Equalization of Colorado, the Supreme Court ruled that it is a violation of the Fourteenth Amendment for a governmental body to take a general rule-making action without giving every individual an opportunity to dispute the action in a fair hearing.

Question 17

The principal focus of administrative law is

A)discretionary justice.
B)values and ethics-centered.
C)on rules and regulations set by administrative agencies.
D)limited to quasi-judicial cases determined by the Supreme Court.

Question 18

Though regulatory entities sometimes operate in a quasi-judicial fashion, they have one power that the courts lack, which is

A)power to issue advisory opinions.
B)power to issue injunctions.
C)power to determine enforceable penalties.
D)none of the above.

Question 19

Which of the following statements is NOT true?

A)Agency-industry contacts are routine and varied.
B)Agencies are often pressured by industry via Congress.
C)There is hard evidence of bribery and other inducements being offered by industries to government regulators.
D)Industries fear their competitors' ability to influence regulators.

Question 20

The tobacco lobby before 1960 owed much of its strength to

A)its nationwide influence on agricultural politics.
B)tobacco's status as a major product in a region represented by a number of powerful members of Congress.
C)its impressive data showing smoking to be harmless.
D)the lack of any information suggesting health hazards of smoking.

Question 21

The Clinton program for regulatory reform included elements such as slowing the issuance of new, major regulations; relaxing the enforcement of existing regulations; cutting regulatory agency budgets; and seeking to "ease the regulatory burden" on American businesses.

Question 22

Administrative Law is a combination of the executive and judicial responsibilities.

Question 23

Proposed agency rules, published in the Federal Register, attract widespread attention, both from interest groups and large numbers of individuals throughout the general population.

Question 24

The consumer movement contributed substantially to the rise of national government regulation during the 1960s and 1970s; however, some change is evident in public sentiments, which have become less supportive of regulatory action.

Question 25

Regulations and regulatory agencies are always bad for businesses.

Question 26

The Bush Administration pursued an aggressive policy of promoting regulation to protect consumers from abuses in the private marketplace.

Question 27

Regulatory agencies do not change when a new administration is elected.