Deck 8: Administrative Law

Question 1

Jennifer served in the military in Iraq. The Department of Veterans Affairs has stopped her benefits solely because she has become a highly visible opponent of the war in civilian life. She:

A) Is precluded by statute from having the decision reviewed by the courts.
B) Is entitled to a hearing on the matter because a statute cannot preclude judicial review of an administrative decision when a constitutional right (here, the First Amendment) is at stake.
C) Is subject to the primary jurisdiction doctrine.
D) A and B.
E) A and C.

Answer 1

B

Question 2

Which of the following contributed to the growth of administrative government?

A) Need for administrative expertise.
B) Need for enhanced efficiency.
C) Need to prevent arbitrary and capricious action of government officials.
D) All of the above.
E) None of the above.

Answer 2

D

Question 3

Which of the following is part of due process?

A) Rules are to be applied fairly to everyone.
B) Rules are to be announced in advance.
C) Rules themselves must be fair.
D) The procedure by which the rules are passed must be fair.
E) All of the above.

Answer 3

E

Question 4

Before the Office of the State Chemist (a state agency) may adopt rules regulating the content of pet food, the rules of administrative procedure require that:

A) The proposed rules are published in advance of their consideration.
B) Interested parties are allowed to comment either orally or in writing as to the contents.
C) Any decision on the rules is based on the findings of "the whole record."
D) All the above.
E) None of the above.

Question 5

In reviewing administrative decisions, courts:

A) Generally require that the litigants have exhausted their administrative remedies before moving into the court system.
B) Often defer to the expertise of those within administrative agencies as to the technical findings.
C) Frequently focus on fairness in the adoption, enforcement, and adjudication of the rules.
D) All of the above.
E) None of the above.

Question 6

Buffy, a university student, is unhappy with the disciplinary action taken against her by the university administration, that resulted in the loss of her scholarship. She wishes to immediately file suit against the university administrators in the federal district court. Which of the following doctrines will most affect her lawsuit?

A) Primary jurisdiction doctrine.
B) Standing.
C) Exhaustion of state and administrative remedies doctrine.
D) All of the above.
E) None of the above.

Question 7

The legal term for the maxim that "a delegate cannot delegate" is:

A) Delegatus non potest delegare.
B) Delectus personae.
C) Demurrage.
D) Demonetize.
E) Dation en paiment.

Question 8

You are planning to travel from your home town to Savannah by air. While waiting to board the plane you are told that there will be a short delay (which turns out to be rather lengthy). You later read in the newspaper that the original crew members were not permitted to fly because they had spent the morning drinking in the bar. This is an example of:

A) Rulemaking.
B) Rule enforcement.
C) Adjudication.
D) Ultra vires.
E) None of the above.

Question 9

The main purpose of administrative law is:

A) To prevent administrators from being arbitrary.
B) To bestow benefits upon people.
C) To relieve Congress of the burden of dealing with minor details.
D) To increase the power of the executive branch.
E) All of the above.

Question 10

Under the U.S. Constitution, all sovereignty ultimately resides in the people and lawmaking authority is vested in Congress. The theory that circumvents those powers and permits the administrative agendas to enact rules and regulations is known as the:

A) Agency theory.
B) Deciduous theory.
C) Decalogue.
D) Delegation theory.
E) None of the above.

Question 11

Wang is appealing the decision that he is not eligible for supplemental security income.

A) The Social Security Administration may advise him on Tuesday morning of the hearing that afternoon.
B) He is not entitled to have his doctor testify or to have the doctor's records considered by the hearing officer.
C) He is entitled to disclosure of opposing evidence.
D) He is not entitled to have an impartial hearing officer.
E) The administrative law judge is required to give Wang only an oral report of her findings.

Question 12

The case of Goldberg v. Kelly is a landmark decision that relates to:

A) Establishment Clause.
B) Due Process Clause.
C) Symbolic speech.
D) All of the above.
E) None of the above.

Question 13

Ultra vires in administrative law means:

A) That the agency is acting within the scope of its authority.
B) That the agency is attempting to exercise powers outside its authority.
C) That the agency is engaging in adjudication.
D) A and B.
E) B and C.

Question 14

Administrative adjudications:

A) Are quasi-judicial in nature and must meet certain elements of due process.
B) Often occur when an individual or business is disgruntled with the application of an agency's rules.
C) Are exceedingly rare.
D) A and B.
E) A and C.

Question 15

The decision of an administrative tribunal:

A) Must be based on the record.
B) Must contain an explanation of the basis for the decision.
C) Must be in writing.
D) Must be conveyed to the relevant parties.
E) All of the above.

Question 16

Federal agencies are required to file environmental impact statements under the:

A) National Clean Air Act.
B) National Environmental Policy Act of 1969.
C) Historic Sites, Buildings, and Antiquities Act.
D) Endangered Species Act.
E) None of the above.

Question 17

Define and discuss the delegation theory.

Question 18

Identify and discuss limitations on administrative agencies.

Question 19

Describe the interaction between agencies and the Fourth Amendment as an example of the interplay between these agencies and the Constitution.

Question 20

Discuss the case of Goldberg v. Kelly and its impact upon administrative procedures.

Question 21

Identify, discuss, and give examples of each of the Goldberg ingredients.

Question 22

Discuss judicial review of administrative agencies including areas of judicial gatekeeping. Give examples.