Deck 9: Accountability Through Reviewability

Question 1

Judicial authority to review agency actions may be derived from each of the followingexcept:

A) the Constitution
B) statute
C) common law
D) all of the above
E) none of the above

Answer 1

D

Question 2

Standing refers to:

A) who may sue
B) when suit must be brought
C) where suit must be brought
D) all of the above

Answer 2

A

Question 3

Which of the following is not part of the three-prong test to determine standing createdby the court in Association of Data Processing Service Organizations v.Camp?

A) Plaintiff must be within the zone of interest protected by the statute or the
B) Plaintiff must suffer an injury in fact.
C) There is a likelihood that the injury will be redressed by a favorable decision.
D) Plaintiff has a verifiable intellectual or metaphysical interest in the issue.

Answer 3

D

Question 4

Which type of review requires a court to affirm an agency decision if a reasonable person could have reached the same conclusion as the agency did?

A) Certification de novo
B) De novo standard
C) Abuse of discretion
D) Substantial evidence standard

Question 5

Article III of the Constitution limits jurisdiction in federal courts to:

A) theoretical disputes
B) hypothetical disputes
C) actual disputes
D) any of the above

Question 6

The exhaustion of remedies doctrine does not apply to:

A) civil rights cases
B) cases where there is a constitutional challenge to the law being applied
C) criminal cases
D) all of the above
E) none of the above

Question 7

Congressional authority to provide for review of agency actions extends to each of thefollowing except:

A) setting time limitations on review
B) determining the method of review to be utilized
C) precluding review altogether
D) providing for review of actions committed to the agency discretion

Question 8

A lawsuit brought by a citizen against another citizen who has defrauded thegovernment is called a(n):

A) qui tam action
B) writ of mandamus suit
C) primary jurisdiction suit
D) res judicata action

Question 9

The standard of review in which a court gives no deference to the agency decision iscalled:

A) de novo review
B) substantial evidence standard review
C) arbitrary, capricious, abuse of discretion standard review
D) none of the above; all judicial review is required to offer some minimal level of deference to the agency decision

Question 10

Under the common law,standing required a showing of:

A) a violation of a legally protected right
B) personal injury
C) financial injury
D) a violation of a legally protected right and/or personal injury
E) personal injury and/or financial injury

Question 11

Requiring exhaustion of remedies prior to judicial review is beneficial because:

A) it promotes agency economy, saving the agency time and money
B) it promotes agency autonomy and independence
C) judges are frequently more experienced and more expert in agency-related matters, so it's better to have the judge available to fix agency errors and mistakes after the agency determination
D) all of the above
E) none of the above

Question 12

Which of the following is not an essential element to laches?

A) There is a likelihood that the asserting party's claim will be redressed by a favorable
B) The party against whom laches is asserted must have been aware of the right or claim
C) There must have been an unreasonable delay in asserting the claim.
D) The delay in asserting the claim must cause the adverse party to suffer some prejudice.

Question 13

The doctrine that prevents the relitigation of an issue decided in a prior case is called:

A) res judicata
B) collateral estoppel
C) equitable estoppel
D) laches

Question 14

The standard of review in which a court gives the most significant deference to theagency decision is called:

A) de novo review
B) substantial evidence standard review
C) arbitrary, capricious, abuse of discretion standard review
D) none of the above; all judicial review is required to offer an equally substantial level of to the agency decision

Question 15

For an organization to maintain a lawsuit:

A) at least one member must satisfy the requisites of standing
B) at least 10% of the members must satisfy the requisites of standing
C) at least 25% of the members must satisfy the requisites of standing
D) at least 51% of the members must satisfy the requisites of standing

Question 16

In a qui tam action,the citizen who files the lawsuit is called a(n):

A) applicant
B) claimant
C) informer
D) representative

Question 17

In most cases,informal agency actions are subject to:

A) de novo review
B) substantial evidence standard review
C) arbitrary, capricious, abuse of discretion standard review
D) none of the above; these decisions are not subject to review

Question 18

Application of the rule in Lichten v.Eastern Air Lines:

A) is followed in all federal and state courts
B) is followed in all federal courts and some state courts
C) is followed in some federal courts and all state courts
D) is followed in some federal courts and some state courts

Question 19

If a statute provides for judicial review:

A) the statute is preempted by common law traditions
B) no other method may be used to establish a court's authority to hear a case
C) the agency head nevertheless is authorized to choose the most efficient means of
D) the APA authorizes the agency head to reject the statute and utilize a different method

Question 20

Collateral estoppel is also known as:

A) claim preclusion
B) bar and merger
C) issue merger
D) issue preclusion

Question 21

Legislative discretion in providing for review is considered an absolute authority.

Question 22

Mixed questions of law and fact decided upon by an agency are required under theAPA to be subject to a substantial evidence standard of review.

Question 23

Agency spending regarding appropriations of lump sum amounts not statutorilyrestricted are generally considered to be committed to the agency's discretion.

Question 24

Failure to raise the issue of agency jurisdiction at the administrative level bars theraising of the issue on appeal.

Question 25

As a tax-paying American citizen,you are constitutionally afforded standingautomatically to challenge a federal law or decision you feel is wrong.

Question 26

Equitable estoppel applies to the government and private litigants equally.

Question 27

Most judicial authority to review agency action comes from statutes.

Question 28

Courts will refer an issue back to an agency only when the agency is empowered toenforce a desired or relevant remedy.

Question 29

Because laches is a constitutionally protected right,a legislature may not prohibit itsapplication by statute.

Question 30

If the agency does not make a ruling within the statutorily allotted time,the exhaustionof remedies doctrine will not apply.

Question 31

The APA specifically requires that courts applying the substantial evidence testconsider the entire agency record.

Question 32

For a case to be considered ripe,the rule that comprises the issue in the case must havebeen applied and injury must have resulted prior to the filing of the case.

Question 33

An agency's acts taken in the process of conducting a formal adjudication are subjectto the arbitrary,capricious,abuse of discretion standard of review.

Question 34

A writ issued by a superior court to an inferior court ordering that some act not bedone is called a writ of certiorari.

Question 35

A taxpayer has standing to sue only when he or she challenges an expenditure thatviolates a constitutional limitation on that power.

Question 36

The primary jurisdiction doctrine is applied only to closely regulated industries.

Question 37

Res judicata applies only to final decisions on the merits.

Question 38

A writ issued by a superior court to an inferior court ordering that some act be done iscalled a writ of mandamus.

Question 39

An individual's attorney and court fees may be recovered if successful in a qui tamaction.

Question 40

Matters related to foreign affairs are generally considered to be areas committed to theagency's discretion.

Question 41

The degree to which a court defers to an agency's decision is known as a standardof _____.

Question 42

In the federal system,most review authority is derived from _____.

Question 43

_____ is a common law writ issued by a superior tribunal to an inferior tribunal orperson requiring that some action be taken.

Question 44

Explain how a court,when reviewing an administrative construction of a statute,applies the Chevron Doctrine.Be sure to specifically show the step-by-step thinking model that the court employs.

Question 45

Discuss the timing and jurisdictional limitations set by Congress for appeals of administrative decisions.

Question 46

Explain when a taxpayer can have standing to seek relief in federal court to mount a challenge under the Establishment Clause.

Question 47

The right to _____,which is a common law writ issued by a court to a custodian of a person to bring the prisoner before the court to determine the lawfulness of theimprisonment,is assured by Article I,§ 9,of the U.S.Constitution.

Question 48

The _____ Act requires that the form of a lawsuit be as provided for by statute.

Question 49

If a statute does not provide for review,_____ review may be available.

Question 50

Under the _____ standard of review,courts review agency decisions anew with no deference given to the agency's factual findings.

Question 51

The U.S.Supreme Court has held that taxpayers may have ____ if a nexus between thetaxpayers' status and the expenditure can be shown and it can be shown that the statute exceeds a constitutional limitation.

Question 52

Matching:
Matching:Match the standard of review in Column 1 to the definition in Column 2.

Question 53

In a split 5-4 decision,the U.S.Supreme Court held in Arizona Christian School Tuition Organization v.Winn,131 S.Ct.1436 (2011)that taxpayers lacked standing to bring an action alleging that an Arizona statute,which granted tuition tax credits to income taxpayers who contributed money to "student tuition organizations" (STO)that used the contributions to provide scholarships to students attending private schools,including religious schools,violated the First Amendment's Establishment Clause.Justice Kennedy wrote the opinion of the court holding that the taxpayers lacked standing.Justice Kagan filed a dissenting opinion,in which Justices Ginsburg,Breyer,and Sotomayor joined.Discuss whether you agree with the majority opinion or the dissenting opinion in the case.

Question 54

Article III of the U.S.Constitution requires an actual case or _____ before federal courts have jurisdiction over a dispute.

Question 55

Matching:
Match the common law writ in Column 1 to the definition in Column 2.

Question 56

Time limitations established by Congress are _____enforced by federal courts.

Question 57

Explain the common law writs for review.