Deck 14: Administrative Law and Procedure

Question 1

The trend in recent times with regard to liability of government and government officials has been to

A) increase the liability of both.
B) decrease the liability of both.
C) increase the liability of governments and decrease that of officials.
D) increase the liability of officials and decrease that of governments.

Answer 1

C

Question 2

Under notice-and-comment rulemaking, an agency

A) must allow oral argument.
B) may deny opportunity for oral argument.
C) must conduct "on the record" hearings.
D) rule must be approved by the legislature.

Answer 2

B

Question 3

Independent regulatory agencies are distinguished from other agencies in that

A) their heads may not be removed from office without cause.
B) they form part of the legislative branch.
C) they do not have rulemaking authority.
D) they come directly under the control of the president.

Answer 3

A

Question 4

The principles of notice-and-comment rulemaking are derived from

A) judicial decisions.
B) the common law.
C) the APA.
D) the Restatement of Administrative Procedure .

Question 5

The principal reason why the federal courts became more receptive to review of agency action was

A) that the scope of review was narrowed to legal issues.
B) that Congress mandated review.
C) that the executive branch encouraged it.
D) judicial activism.

Question 6

Much of the administrative law formulated by judicial decisions concerns independent regulatory agencies because

A) financial interests encourage appeal.
B) action by other agencies is not usually reviewable.
C) constitutional issues are involved.
D) these agencies have a longer history.

Question 7

Which of the following would be most likely to be held to be a question of law?

A) Determining eligibility for welfare
B) Fixing of railroad rates by the ICC
C) Granting of a broadcasting license
D) The meaning of terms in a statute

Question 8

In administrative law, judicial review refers to

A) exhaustion of administrative remedies.
B) the judicial function of administrative agencies.
C) the legislative function of administrative agencies.
D) the authority of courts to review administrative action.

Question 9

The principal effect of the Federal Tort Claims Act was to

A) eliminate much of federal sovereign immunity.
B) make the federal courts available for review of state tort actions.
C) restrict federal tort actions to diversity cases.
D) shield federal officials from liability.

Question 10

The delegation of legislative authority to an administrative agency by Congress is

A) unconstitutional.
B) rarely challenged.
C) never done.
D) a violation of separation of powers.

Question 11

The substantive law of federal administrative agencies is found in the

A) Administrative Code.
B) Administrative Procedure Act.
C) Code of Federal Regulations .
D) Federal Register .

Question 12

Where Congress grants authority to an agency but is silent as to reviewability of agency action,

A) reviewability is presumed.
B) the agency action may not be reviewed.
C) the courts may not act.
D) congressional review is required.

Question 13

The denial to grant a visa to enter the United States is not ordinarily reviewable because

A) decisions of the Immigration and Naturalization Service were made unreviewable by statute.
B) it is considered a privilege.
C) aliens do not have access to our courts.
D) of executive order.

Question 14

Notice-and-comment rulemaking is considered preferable to the rules operating prior to the introduction of these requirements because it is

A) automatically reviewed by the courts.
B) more democratic.
C) an adversarial process.
D) unreviewable.

Question 15

_______ expresses the legislative function of agencies.

A) Judicial review
B) Adjudication
C) Delegation
D) Rulemaking

Question 16

The Bi-Metallic and Londoner cases formulated a principle to distinguish cases requiring some sort of hearing based on

A) the particularity of the effect of agency action.
B) the level at which agency action occurs.
C) the notice requirement.
D) Section 556 of the APA.

Question 17

Judges are immune from tort suit

A) at all times.
B) only when in court.
C) when exercising their judicial duties.
D) when acting in an official capacity unless malice can be shown.

Question 18

Goldberg v. Kelly established a right to a hearing

A) in civil rights cases.
B) where an agency allegedly violated due process rights.
C) in all cases of final agency action.
D) prior to termination of welfare benefits.

Question 19

A suit against a city based on injuries received because of police brutality is most likely to be brought in federal court under

A) the Fourteenth Amendment.
B) 42 U.S.C. § 1983.
C) the Federal Tort Claims Act.
D) the Moss-Magnusson Act.

Question 20

The courts have shown the greatest reluctance in reviewing

A) action by independent regulatory agencies.
B) administrative fact finding.
C) welfare agencies.
D) legislative rules.

Question 21

In Tummino v. Hamburg, the court held that

A) the Secretary of Health and Human Services, rather than the Food and Drug Administration, did have authority to make the decision concerning emergency contraceptives.
B) the action of the Secretary of Health and Human Services was not reviewable under the Administrative Procedure Act.
C) the decisions of the Secretary of Health and Human Services with respect to emergency contraceptives  were arbitrary, capricious, and unreasonable .
D) the decisions of the Secretary of Health and Human Services with respect to emergency contraceptives, although political, were not arbitrary, capricious, or unreasonable .

Question 22

A town that abolishes its police department

A) may not be sued by a resident because of lack of standing.
B) may not be sued if abolishing the police department took place by way of local law properly enacted.
C) may not be sued if the abolishment was accompanied by an appropriate substitute to protect the public.
D) may be sued by a resident because of the necessity to subject government action to public scrutiny.

Question 23

When a government official is given discretion by law in the exercise of his or her duty, judicial review

A) is unavailable.
B) can invalidate official conduct on the grounds of abuse of discretion.
C) may be had only after a complaining party has exhausted all remedies available within the administrative agency with which the official is employed.
D) may take place only when it is alleged that the official acted beyond his or her authority.

Question 24

In Lujan v. Defenders of Wildlife, the court held that

A) the new regulation was in error as to the geographic scope of § 7(a)(2), and an injunction should be entered requiring the secretary to promulgate a new regulation restoring the initial interpretation.
B) the injury-in-fact requirement had been satisfied by congressional conferral upon all persons of an abstract, self-contained, noninstrumental "right" to have the executive observe the procedures required by law, and thus the respondents did have standing.
C) the respondents lacked standing to bring this action, and the Court of Appeals erred in denying the summary judgment motion filed by the United States.
D) the case involved a political question that should not be resolved by the courts .