Deck 5: Administrative Law

Question 1

Which of the following is the first federal agency to be created?

A) The Interstate Commerce Commission
B) The Federal Communications Commission
C) The Federal Trade Commission
D) The Securities and Exchange Commission
E) The National Labor Relations Board

Answer 1

C

Question 2

Under the FOIA, it is not legally required by the agencies to notify a company whose data they are about to disclose.

Answer 2

True

Question 3

Agencies can go directly to Congress for increases in their budgets.

Answer 3

False

Question 4

In 1976, Congress amended the Administrative Procedure Act to waive any federal claim to sovereign immunity in cases of injunctive or other nonmonetary relief.

Question 5

The free market in actual terms, and not in the theoretical ideal, consists of commerce legally constrained by what is economically desirable and what is socially desirable, as well.

Question 6

In Bivens v. Six Unknown Federal Narcotics Agents, the Supreme Court held that federal agents cannot be sued for violating the plaintiff's Fourth Amendment rights against an unlawful search of his home.

Question 7

The Supreme Court reserves the right to overturn all or part of any law passed by Congress and the President where the delegation of legislative power to the agency is too broad.

Question 8

Which of the following is an ideal condition for a free market?

A) There are no parties, institutions, or governmental units regulating the quantity of the goods being bought or sold in the market.
B) There are a few buyers and many sellers, and all of them have a substantial share of the market.
C) All the buyers and sellers in the market are free to leave the market but there are significant barriers to entering the market.
D) All buyers have full knowledge of what other buyers and sellers are up to including quantity of goods sold, but not the prices and quality of goods being sold.
E) The participants in the market have very strong preferences as to which seller or buyer they would deal with.

Question 9

The Paperwork Reduction Act gives power to the federal Office of Management and Budget to develop uniform policies for coordinating the gathering, storage, and transmission of the federal department's reports.

Question 10

The _____ establishes an agency's authority in a particular area of the economy.

A) Federal Register
B) enabling act passed into law by Congress and the President
C) Supreme Court's delegation doctrine
D) Code of Federal Regulations
E) administrative agencies

Question 11

Which of the following is true with regard to the control of administrative agencies?

A) Congress can seldom pass laws repealing regulations that agencies promulgate.
B) Federal agencies are not subject to the fiscal scrutiny of the Office of Management and Budget.
C) Agencies are not permitted to go directly to Congress for increases in budget.
D) A business having exhausted all administrative remedies cannot seek judicial review of a final agency decision.

Question 12

Under the Freedom of Information Act (FOIA), any person has a legally enforceable right of access to geological information concerning wells.

Question 13

If an agency makes a rule without sufficient evidence to support it, the courts could reverse the agency and require the agency to do more work before the rule can become legally effective.

Question 14

If an agency fails to act in good faith with rega_______, the courts will hear an appeal without exhaustion.

Question 15

Without government intervention, monopolies would likely occur, and monopolies will likely decrease competition in the economy.

Question 16

Closely regulated industries are subject to surprise inspections only with a warrant.

Question 17

Which of the following is a fair criticism of the legitimacy of administrative lawmaking?

A) The industries regulated often capture the agencies that are supposed to regulate them.
B) Agencies tend to stimulate the ability to compete.
C) They always overregulate, thereby stifling individual initiative.
D) Most agency activities are not reviewable

Question 18

In the ideal conception of a free market, there are no parties, institutions, or governmental units regulating the price, quantity, or quality of any of the goods being bought and sold in the market.

Question 19

Administrative regulations are not legally binding unless they are published.

Question 20

Congress has the expertise to develop specialized knowledge in communications so it can make good rules on federal communications policies.

Question 21

Which of the following is true in case of inspections?

A) Where a business is closely regulated, surprise inspections are a norm, and a warrant is never required.
B) In Marshall v. Barlow's, Inc., the court held that private individuals cannot refuse police demands to search the premises unless a court has issued a search warrant
C) OSHA does not specify whether inspectors are required to obtain search warrants, which are required under the Fourth Amendment in criminal cases.
D) In the case of the Dow Chemical facility being inspected by the EPA, the Supreme Court ruled that the areas photographed by the EPA were open areas and hence subject to the protections of the Fourth Amendment.
E) Agents of the Secretary of Labor are allowed to search the work area of any employment facility within OSHA's jurisdiction but a search warrant is expressly required under the Act to do so.

Question 22

Final agency rules published in the _____ has the same legal effect as a bill passed by Congress and signed into law by the president.

A) Code of Federal Regulations
B) Administrative Procedure Act
C) Freedom of Information Act
D) enabling act
E) Federal Register

Question 23

The _____ governs all agency procedures in both hearings and rulemaking.

A) Code of Federal Regulations
B) delegation doctrine
C) enabling act
D) Federal Register
E) Administrative Procedure Act

Question 24

_____ states that anyone wishing to appeal an agency action must wait until the agency has taken final action.

A) The enabling act
B) The administrative agency
C) The Federal Register
D) The exhaustion of administrative remedies doctrine
E) Section 706 of the Administrative Procedure Act

Question 25

When can an individual or a company (after exhaustion of administrative remedies) challenge agency action?

Question 26

List the exceptions to the Freedom of Information Act (FOIA).

Question 27

Which of the following is NOT true about federal rulemaking?

A) When engaging in formal rulemaking, agencies must hold an adversary hearing.
B) Administrative regulations are not legally binding unless they are published.
C) Agencies can affect future conduct more directly by announcing rules that apply to all who come within the agency's regulations.
D) The acts creating most of the federal agencies expressly grant them authority to engage in rulemaking.
E) Agencies are legally required to debate over proposed rules, though they often do not do so.

Question 28

Agencies are subject to

A) Legislative control by Congress
B) Executive control by the President
C) Judicial control by the courts
D) a and b
E) a, b, and c

Question 29

In Marshall v. Barlow's, Inc., which of the following led the court reach its final decision?

A) No search warrant is expressly required under the OSHA.
B) Mr. Barlow refused the inspector admission to the employee area of his business.
C) Warrantless searches are rarely unreasonable.
D) Employees are prohibited from reporting OSHA violations.
E) Something observable by the public without a warrant does not apply to the Government inspector.

Question 30

Which case dealt with the problem of "byssinosis"?

A) Marshall v. Barlow's
B) Michigan et al. v. EPA
C) Aqua Slide 'n Dive v. CPSC
D) Plessy v. Ferguson
E) American Textile Manufacturers v. Donovan

Question 31

According to the Freedom of Information Act, _____.

A) any person has a legally enforceable right to access to geological information concerning wells
B) a federal agency is required to respond to a document request within 10 days
C) requesters are not required to pay the cost of locating and copying the records
D) all the documents are available for public inspection
E) there are a total of five exceptions to the Act