Deck 4: Administrative Law

Question 1

If an agency is granted the authority to hear and decide agency disputes, the decisions of these agencies cannot be challenged in a federal court.

Answer 1

False
Explanation: In most cases, enabling statutes that grant an agency the authority to hear and decide agency disputes will also provide for judicial review of those decisions. That is, the law will grant the agency authority to have courts hear and decide cases arising from agency decisions once the litigant exhausts administrative remedies as set forth under the agency's regulations.

Question 2

Corporate law is the area of law that addresses federal and state government agencies and their role in carrying out their delegated authority.

Answer 2

False
Explanation: Administrative law is the area of law that addresses federal and state government agencies and their role in carrying out their delegated authority.

Question 3

Administrative agencies are generally created by way passing executive orders.

Answer 3

False
Explanation: Agencies are generally created by way of enabling statutes. Executive agencies are created by way of passing executive orders.

Question 4

Each federal agency's own internal rules and regulations are set forth in its administrative regulations published in the Congressional Directory.

Question 5

The Congressional directory is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

Question 6

The entities created by enabling statutes are called as executive agencies.

Question 7

The CIA is an executive agency.

Question 8

The general law governing how federal agencies must conduct business is set forth in the Administrative Procedures Act.

Question 9

The Occupational Safety & Health Administration enforces law permitting collective bargaining by employees (unions).

Question 10

If Congress grants an agency the authority to issue regulations, the agency is said to have quasi-legislative authority.

Question 11

Each federal agency's own internal rules and regulations are set forth in its administrative regulations published in the Code of Federal Regulations (CFR).

Question 12

The American Medical Association is an executive agency.

Question 13

The National Labor Relations Board enforces safe workplace laws.

Question 14

Congress has quasi-legislative authority.

Question 15

During Congressional oversight hearings, Congress reviews cases related to racial discrimination.

Question 16

The general law governing how federal agencies must conduct business is set forth in the Administrative Procedures Act.

Question 17

If an agency is granted quasi-judicial authority in its enabling statute then it gets the right to enact statutory laws.

Question 18

The Wage & Hour division enforces safe workforce laws.

Question 19

Generally, decision of an administrative agency can be challenged in a federal court once the litigant exhausts administrative remedies as set forth under the agency's regulations.

Question 20

The administrative agency does not stand alone and has no authority other than that which Congress delegates to it.

Question 21

In the case of de novo review of an administrative decision, the parties begin litigation all over again as if there has not already been an agency decision.

Question 22

Which of the following is an example of an administrative agency?

A) Environmental Protection Agency
B) National Labor Relations Board
C) CIA
D) FBI

Question 23

Which of the following statements is true regarding an administrative agency?

A) Administrative agencies are created by executive order.
B) Congress is the one to determine what the agency should and should not do.
C) The FBI is an example of an administrative agency.
D) Each administrative agency's own internal rules and regulations are set forth in its administrative regulations published in the Uniform Commercial Code.

Question 24

Which of the following functions is performed by the National Labor Relations Board?

A) Enforce safe workplace laws.
B) Enforce minimum wage, overtime and child labor laws.
C) Enforce laws regulating unfair trade practices and unfair competition by business.
D) Enforce law permitting collective bargaining by employees.

Question 25

If an administrative agency issues a final order in an adjudication, the order will have full force and effect only if the order is enforced by a court of law.

Question 26

The de novo review of an administrative decision generally takes place at the appellate court level.

Question 27

All of the following statements are true regarding IRS EXCEPT:

A) it has the power to issue regulations regarding the collection of taxes.
B) it collects taxes.
C) it holds hearings regarding disputes over tax collection.
D) it enforces laws regulating unfair trade practices.

Question 28

Each federal agency's own internal rules and regulations are set forth in its administrative regulations published in the _____.

A) Code of Federal Regulations
B) Congressional Directory
C) Code of Special transactions
D) Uniform Commercial Code

Question 29

An agency performing quasi-judicial functions does not constitutionally have the final say to enforce its order.

Question 30

If only limited review of administrative decisions is permitted upon judicial review then it means the claimant can apply for a judicial review of the administrative decision as a new trial at the trial court level.

Question 31

Which of the following agencies enforces safe work place laws?

A) EEOC
B) Occupational Safety & Health Administration
C) National Labor Relations Board
D) Federal Trade Commission

Question 32

Which of the following statements is true regarding Congress?

A) The power to enact laws rests with Congress and all other administrative agencies.
B) Congress is the one to determine what an administrative agency should and should not do.
C) Congress is a quasi-legislative agency.
D) During Congressional oversight hearings, Congress reviews cases related to racial discrimination.

Question 33

During Congressional oversight hearings, Congress:

A) issues executive orders.
B) enforces laws regulating unfair trade practices.
C) takes a close look at the work that is being done by the administrative agency.
D) reviews cases related to discrimination.

Question 34

If Congress grants an agency the authority to issue regulations, the agency is said to have _____ authority.

A) quasi-legislative
B) voir dire
C) stare decisis
D) obiter dictum

Question 35

Executive agencies are created by _____.

A) federal acts
B) statutes
C) executive orders
D) decrees

Question 36

All of the following comprise the subject matter of administrative law EXCEPT:

A) the law regulating agencies.
B) the agency's internal regulations for conducting business.
C) the rules and regulations regarding the specific subject matter of the agency.
D) the structure and hierarchy of federal courts.

Question 37

The general law governing how federal agencies must conduct business is set forth in the _____ Act.

A) Social Security
B) Civil Rights
C) Privacy
D) Administrative Procedures

Question 38

Which of the following agencies enforces minimum wage, overtime and child labor laws?

A) Wage & Hour Division
B) National Labor Relations Board
C) Occupational Safety & Health Administration
D) Federal Trade Commission

Question 39

Which of the following types of law addresses federal and state government agencies and their role in carrying out their delegated authority?

A) Corporate law
B) Administrative law
C) Criminal law
D) Consumer rights

Question 40

Which of the following functions is performed by Internal Revenue Service (IRS)?

A) Enforcing federal antitrust and consumer protection laws
B) Preserving the nation's history by overseeing the management of all federal records
C) Collecting taxes
D) Providing trade expertise to both the legislative and executive branches of government

Question 41

Why is the knowledge of administrative law important?

Question 42

All of the following statements are true regarding an agency with quasi-legislative authority EXCEPT:

A) The quasi-legislative agencies have the right to enact actual statutory laws.
B) If Congress grants an agency the authority to issue regulations, the agency is said to have quasi-legislative authority.
C) The rules or regulations promulgated under quasi-legislative power are not any less effective as a dictate that must be followed much like law.
D) Quasi-legislative agencies should follow the due process of law before passing any rules and regulations.

Question 43

Describe the role of statutes in creating administrative agencies.

Question 44

Discuss briefly the Internal Revenue Service (IRS) in the context of administrative law.

Question 45

If _____ authority is granted to an agency in its enabling statute then it gets the power to hear and decide disputes involving agency regulations.

A) voir dire
B) quasi-legislative
C) stare decisis
D) quasi-judicial

Question 46

If de novo review of administrative decisions is permitted upon judicial review then it means the:

A) administrative agency's final decision may only be reviewed at the appellate level.
B) decision can be reviewed a new trial only by the Supreme Court.
C) decision can be reviewed at the appellate level only if the application for review is filed within a predetermined time period.
D) decision can be reviewed as a new trial at the trial court level.

Question 47

Describe the powers of administrative agencies.

Question 48

Some enabling statutes permit courts to have only limited review of administrative decisions upon judicial review. Here limited review means:

A) the administrative agency's final decision may only be reviewed at the appellate level.
B) the decision can be reviewed a new trial only by the Supreme Court.
C) the decision can be reviewed only if the case is related to racial discrimination.
D) the decision can be reviewed as a new trial at the trial court level.

Question 49

Which of the following is a trade association?

A) National Labor Relations Board
B) Wage and Hour Division
C) American Bar Association
D) Federal Trade Commission

Question 50

The _____ is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

A) Congressional Directory
B) Code of Special transactions
C) Federal Register
D) Uniform Commercial Code

Question 51

Define administrative law.

Question 52

Discuss the role of the Congress in the context of granting authorities to the administrative agencies.

Question 53

A business can monitor relevant agencies for actions impacting it by:

A) periodically reading the Congressional Directory.
B) joining a trade organization.
C) being a member of national labor relations board.
D) joining an executive agency.

Question 54

What is an executive agency? Give an example of an executive agency. What is the difference between an administrative agency and an executive agency?

Question 55

The causes leading to creation of administrative agencies often arise from some sort of agitation by the public. Discuss with examples.

Question 56

Describe briefly the functions performed by the following administrative agencies: Federal Trade Commission, EEOC, and National Labor Relations Board.

Question 57

Which of the following statements is true regarding de novo review of the administrative decisions?

A) De novo review means reviewing only the administrative decision without a new trial.
B) The review takes place at the trial court level.
C) Generally, de novo review tales place for cases related to racial discrimination.
D) The review takes place at the appellate court level.

Question 58

Administrative agencies routinely promulgate rules and regulations affecting business. Under the _____ Act, these regulations generally must undergo a period of seeking input from those likely to be affected by the regulation.

A) United Nations Participation
B) Robinson Patman
C) Administrative Procedures
D) Central Intelligence Agency

Question 59

Describe briefly, Congressional oversight hearings.

Question 60

Generally, decision of an administrative agency can be challenged in a federal court only if the:

A) litigant does not want to opt for administrative remedies as set forth under the agency's regulations.
B) case is related to child labor.
C) case is related to discrimination in the work place.
D) litigant has exhausted administrative remedies as set forth under the agency's regulations.

Question 61

With reference to judicial review, what is a de novo review?

Question 62

What is a quasi-judicial authority?

Question 63

When can a claimant apply for a judicial review of an administrative agency's decision?

Question 64

What is quasi-legislative authority?

Question 65

Describe the significance of the authorities granted to quasi-legislative agencies.

Question 66

With reference to judicial review, what is a limited review?

Question 67

Discuss judicial review.

Question 68

What is the Federal Register?

Question 69

Discuss the importance of trade organizations in the context of administrative agencies.

Question 70

Discuss the due process of law.