Deck 43: Administrative Law and Regulatory Agencies

Question 1

General government regulation consists of laws that regulate ________.

A)the legislative branch of the federal government
B)government-aided organizations
C)the executive branch of the federal government
D)businesses and industries

Answer 1

D

Question 2

One of the services provided by the Department of Homeland Security is emergency preparedness and response to terrorist incidents.

Answer 2

True

Question 3

Distinguish between general government regulation and specific government regulation.

Answer 3

General government regulation consists of laws that regulate businesses and industries collectively.Most of the industries and businesses in the United States are subject to these laws.These laws do not regulate a specific industry but apply to all industries and businesses except those that are specifically exempt from certain regulations.On the contrary,specific government regulation consists of laws that regulate specific industries.That is,an industry is subject to administrative laws that are specifically adopted to regulate that industry.Administrative agencies,which are industry specific,are created to administer those specific laws.

Question 4

Operational regulation of commercial airlines by the Federal Aviation Administration is an instance of general government regulation.

Question 5

________ consists of laws that regulate particular industries.

A)An independent federal administration
B)General government regulation
C)Specific government regulation
D)A statement of policy

Question 6

Explain,in brief,the types of federal administrative agencies with examples.

Question 7

Cabinet members of cabinet-level federal departments are chosen directly by the president.

Question 8

The Department of Homeland Security is an example of a federal administrative agency.

Question 9

The Homeland Security Act was passed following the terrorist attacks of September 11,2001 on the World Trade Center.

Question 10

The Securities and Exchange Commission (SEC),which regulates the issuance and trading of securities,is an example of a federal independent agency.

Question 11

All federal administrative agencies answer directly to the president.

Question 12

When Congress enacted the Securities Act of 1933,it created the Securities and Exchange Commission,a(n)________,to administer and enforce those statutes.

A)law enforcement authority
B)short-term commission
C)federal administrative agency
D)intelligence agency

Question 13

Independent federal administrative agencies are federal agencies responsible for enforcing specific administrative statutes enacted by Congress.

Question 14

The Federal Communications Commission issues licenses and regulates the operation of television and radio stations.This is an example of a(n)________.

A)general government regulation
B)specific government regulation
C)cabinet-level federal department
D)independent federal administrative agency

Question 15

General government regulation establishes an individual code or laws to every type of business and industry.

Question 16

The Congressional passing of the Due Process Clause of the 14th Amendment to the U.S.Constitution led to the creation of the U.S.Department of Homeland Security.

Question 17

General government regulation consists of laws that regulate the operation of the three branches of the federal government.

Question 18

The federal National Labor Relations Board is empowered to regulate the formation and operation of labor unions in most industries and businesses in the United States.Such a regulation is an example of a(n)________.

A)general government regulation
B)specific government regulation
C)cabinet-level regulation
D)zoning regulation

Question 19

Which of the following is true of administrative agencies?

A)All administrative agencies directly answer to the president.
B)Administrative agencies can be created by federal, state, and local governments.
C)An existing administrative agency cannot administer a new law.
D)A separate administrative agency must be created to enforce each law.

Question 20

The U.S.Equal Employment Opportunity Commission enforcing equal opportunity in employment laws is an instance of general government regulation.

Question 21

________ is law that an administrative agency enforces,such as federal statutes enacted by Congress,or state statutes enacted by state legislatures.

A)Formal ruling
B)Substantive administrative law
C)Procedural administrative law
D)Informal ruling

Question 22

The Department of Homeland Security advises the U.S.President on matters related to internal security,external threats to the United States,and potential terrorist attacks.This department is an example of a(n)________.

A)independent federal administrative agency
B)cabinet-level federal department
C)law enforcement agency
D)state administrative agency

Question 23

The legislative branch is permitted to authorize existing administrative agencies to enforce new statutes.

Question 24

Regulatory statutes can be known as administrative laws.

Question 25

________ advise the president.

A)Independent federal administrative agencies
B)State administrative agencies
C)Cabinet-level federal departments
D)Law enforcement agencies

Question 26

State administrative agencies are created by the legislative branch of the federal government.

Question 27

Which of the following are responsible for enforcing specific administrative statutes enacted by Congress?

A)independent federal administrative agencies
B)state administrative agencies
C)law enforcement agencies
D)cabinet-level federal departments

Question 28

Which of the following U.S.federal agencies was created in response to the terrorist attacks on September 11,2001?

A)the Federal Bureau of Investigation
B)the Central Intelligence Agency
C)the National Security Agency
D)the U.S. Department of Homeland Security

Question 29

State administrative agencies are created by ________.

A)legislative branches of states
B)legislative branches of the federal government
C)the U.S. President
D)the U.S. Congress

Question 30

________ are federal agencies that have broad regulatory powers over key areas of the national economy.

A)Independent federal administrative agencies
B)State administrative agencies
C)Law enforcement agencies
D)Cabinet-level federal departments

Question 31

________ establishes the protocol that must be followed by an administrative agency while enforcing substantive laws.

A)Formal ruling
B)Substantive administrative law
C)Procedural administrative law
D)Informal ruling

Question 32

All state regulatory laws are drafted by the federal government and then adopted by the state.

Question 33

Administrative laws are also referred to as ________.

A)ordinances
B)regulatory statutes
C)default judgments
D)statements of policy

Question 34

Which of the following is the Department of Homeland Security's foremost responsibility?

A)to enforce laws to prevent and control civil unrest in the country
B)to enforce laws to prevent the possibility of the United States going to war
C)to enforce laws to prevent domestic terrorist attacks and related criminal activities
D)to enforce laws to prevent and control economic recession in the country

Question 35

Local administrative agencies are agencies created by cities,municipalities,and counties to administer local regulatory law.

Question 36

Which of the following is true of the Department of Homeland Security?

A)It was constituted immediately after the attack on Pearl Harbor.
B)It provides services in information analysis and infrastructure protection.
C)It protects persons from harassment by federal administrative agencies.
D)It gives the public access to documents in the possession of federal administrative agencies.

Question 37

Administrative laws are laws enacted by governments to regulate the operation of only government employees and government-run organizations.

Question 38

Which of the following is true of state administrative agencies?

A)They are created by federal administrative agencies.
B)They act as advisory boards for the president.
C)Their decisions can be appealed to a state court.
D)They are not empowered to enforce statutes.

Question 39

The Federal Trade Commission which enforces federal antitrust and consumer protection laws is an example of a(n)________.

A)independent federal administrative agency
B)government-aided organization
C)law enforcement agency
D)cabinet-level federal department

Question 40

Federal administrative agencies are created by ________.

A)the U.S. President
B)the U.S. Congress
C)the U.S. people
D)the U.S. judiciary

Question 41

Procedural administrative law establishes the procedure that must be followed by the federal or state legislatures in creating an administrative agency.

Question 42

The Administrative Procedure Act establishes procedures that industries and businesses must follow when conducting their affairs.

Question 43

A(n)________ announces a proposed course of action that an agency intends to follow in the future.

A)interpretive rule
B)operational code
C)substantive rule
D)statement of policy

Question 44

A(n)________ refers to permission that an administrative agency grants to persons or businesses to conduct certain types of commerce or professions.

A)easement
B)license
C)letter of credit
D)arraignment

Question 45

Which of the following is true of a substantive rule?

A)It interprets existing statutory language.
B)It does not have the force of law and is only issued as a guideline.
C)Substantive rules are exempt from judicial review.
D)Violators can be held criminally liable.

Question 46

________ refers to a rule issued by an administrative agency that has the force of law and to which covered persons and businesses must adhere.

A)Interpretive rule
B)Rule of Law
C)Substantive rule
D)Operational code

Question 47

Which of the following is a provision in the Administrative Procedure Act (APA)?

A)It provides a procedure for receiving evidence and hearing requests for the granting of federal licenses.
B)It allows public access to most documents in the possession of federal administrative agencies.
C)It protects persons from harassment by administrative agencies.
D)It admits public access to administrative meetings concerning issuance of subpoenas.

Question 48

Which of the following powers allows administrative agencies to issue substantive rules?

A)rule-making
B)executive power
C)judicial authority
D)licensing

Question 49

Tuff-Steele Constructions,Inc.has not been adhering to appropriate worker safety rules.As a result,there have been an increased number of on-site accidents,and several construction workers have sustained serious injuries.Which of the following powers will allow an administrative agency to bring agency proceedings against Tuff-Steele Constructions?

A)licensing
B)executive power
C)judicial authority
D)rule making

Question 50

An ALJ's (Administrative law judges)decision is issued in the form of a(n)________.

A)jury instruction
B)petition
C)administrative procedure
D)administrative order

Question 51

Most inspections by administrative agencies are subject to the ________ Amendment to the U.S.Constitution.

A)Eleventh
B)Second
C)Fifth
D)Fourth

Question 52

Which of the following is true of an administrative law judge (ALJ)?

A)An ALJ's decision is issued in the form of state statutes.
B)An ALJ's decision is final with no appeal.
C)An ALJ is the presider of administrative proceedings.
D)An ALJ is not considered as an employee of an administrative agency.

Question 53

Substantive administrative laws enforced by administrative agencies are akin to statutes in their legality.

Question 54

________ refers to the power that administrative agencies are granted,such as to investigate and prosecute possible violations of statutes,administrative rules,and administrative orders.

A)Judicial authority
B)Legislative power
C)Executive power
D)Administrative subpoena

Question 55

A(n)________ refers to a rule issued by an administrative agency that defines existing statutory language.

A)interpretive rule
B)operational code
C)substantive rule
D)statement of policy

Question 56

Which of the following is true of the Administrative Procedure Act?

A)It was enacted following the September 11, 2001 terrorist attacks.
B)It establishes how rules and regulations can be adopted by federal administrative agencies.
C)It provides for a uniform legal and justice system across the United States.
D)It divides administrative power between the federal legislative branch and state legislatures.

Question 57

A(n)________ refers to an order that directs the subject who has been summoned to disclose the requested information.

A)administrative subpoena
B)substantive due process
C)procedural due process
D)statement of policy

Question 58

A(n)________ requires the respondent to be given proper and timely notice of the allegations or charges against him or her and an opportunity to present evidence on the matter.

A)interpretive rule
B)substantive due process
C)procedural due process
D)code of operation

Question 59

The ________ says that when an administrative agency is created,it is given certain powers; the agency can use only the legislative,judicial,and executive powers that are allotted to it.

A)doctrine of Equity
B)delegation doctrine
C)doctrine of Promissory Estoppel
D)doctrine of privity

Question 60

Which of the following acts establishes procedures that federal administrative agencies must follow in conducting their affairs?

A)APA
B)SEA
C)UCITA
D)HSA

Question 61

Administrative subpoena refers to an order that directs the subject of the subpoena to disclose the requested information.

Question 62

When are searches by administrative agencies considered reasonable?

Question 63

The ________ is a federal act which states that federal administrative agencies can maintain only information about an individual that is relevant and necessary to accomplish a legitimate agency purpose.

A)Freedom of Information Act
B)Privacy Act
C)Government in the Sunshine Act
D)Equal Access to Justice Act

Question 64

The delegation doctrine only allows executive and legislative powers to an administrative agency,and not judicial powers.

Question 65

All substantive rules are subject to judicial review.

Question 66

Which of the following is a provision of the Freedom of Information Act?

A)It allows public admission to the day-to-day workings of an administrative agency.
B)It protects persons from harassment by federal administrative agencies.
C)It opens most federal administrative agency meetings to the public.
D)It gives the public access to documents in the possession of federal administrative agencies.

Question 67

Decisions reached by an administrative law judge are final and cannot be appealed.

Question 68

The decisions issued by an administrative law judge are in the form of administrative orders.

Question 69

Distinguish between substantive rules and interpretive rules.What is a statement of policy?

Question 70

Documents classified by the president to be in the interests of national security cannot be accessed under the Freedom of Information Act.

Question 71

All administrative proceedings are presided by a select jury of laymen,who then question the functionality of the new,proposed law.

Question 72

The Government in the Sunshine Act is a federal act that opens most federal administrative agency meetings to the public.

Question 73

The power to investigate and prosecute possible violations of statutes,administrative rules,and administrative orders is the judicial power granted to administrative agencies.

Question 74

Which of the following acts protects persons from harassment by federal administrative agencies?

A)the Freedom of Information Act
B)the Government in the Sunshine Act
C)the Equal Access to Justice Act
D)the Privacy Act

Question 75

The ________ was enacted to open most federal administrative agency meetings to the public.

A)Freedom of Information Act
B)Privacy Act
C)Government in the Sunshine Act
D)Equal Access to Justice Act

Question 76

A federal administrative agency that proposes to adopt a substantive rule must give interested persons an opportunity to participate in the rule-making process.

Question 77

Administrative agencies do not have to comply with the Due Process Clause of the U.S.Constitution when adjudicating cases of violation.

Question 78

It is legal for an administrative agency to act outside the scope of its delegated powers,provided that it has the written consent of an administrative law judge.

Question 79

Even in an emergency situation,a warrantless search conducted by an administrative agency constitutes a violation of the Fourth Amendment.

Question 80

A federal administrative agency that proposes to adopt a substantive rule can legally resort to informal rule-making.