Deck 5: Administrative Law

Question 1

If an agency does not act in good faith, the courts will hear an appeal without exhaustion.

Answer 1

True

Question 2

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

Answer 2

True

Question 3

Administrative regulations are not legally binding unless they are published.

Answer 3

True

Question 4

The APA directs agencies about to engage in rulemaking to give notice in the Code of Federal Regulations CFR) of their intent to do so.

Question 5

Which of the following is true about a free market?

A) A true free market would deal with market imperfections.
B) The current situation of six major banks that are "too big to fail" is an example of destructive competition.
C) In economic systems, it is unlikely for natural monopolies to occur.
D) The free market in actual terms consists of commerce legally constrained by what is economically desirable and by what is socially desirable as well.
E) A true free market is a market free from any regulation.

Question 6

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

A) Federal Register
B) enabling act
C) delegation doctrine
D) Code of Federal Regulations
E) administrative agencies

Question 7

The appropriations clause of Article I says that federal money can be paid out only through an annexation made by law.

Question 8

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 9

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 many 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 entry barriers.
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 strong preferences as to which seller or buyer they would deal with.

Question 10

Agencies can go directly to Congress for increases in budget.

Question 11

An individual or a company may challenge agency action where such action is warranted by the facts.

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

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

Question 14

Congress has the expertise to develop specialized knowledge in communications.

Question 15

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

Question 16

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 17

In 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 18

The mistakes of the government are generally held against the individual, not the government, unless the law specifically provides for recompense.

Question 19

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

Question 20

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

A) The agencies capture the industry they are directed to regulate.
B) They stimulate the ability to compete.
C) They overregulate, thereby stifling individual initiative.
D) Some agency activities are not reviewable
E) Federal agencies are not subject to the fiscal scrutiny of the Office of Management and Budget OMB).

Question 21

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) delegation doctrine
D) enabling act
E) Federal Register

Question 22

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 23

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

Question 24

Which of the following is true with regard to trial-type hearings?

A) The Federal Trade Commission is empowered to charge a company with having violated the enabling act.
B) An administrative law judge ALJ) is subject to supervision by anyone in the agency who carries on an investigative or prosecutorial function.
C) An ALJ is appointed for life as federal judges are.
D) Safety and quality inspections need not be filtered through a full-scale hearing.
E) The ALJ is bound to decide in favor of a party producing more persuasive evidence.

Question 25

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 air debate over proposed rules, though they often do not do so.

Question 26

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

Question 27

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

Question 28

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

A) Congress cannot always 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) The president has a direct leverage over the continuation of administrator's programs and policies.
E) A business having exhausted all administrative remedies cannot seek judicial review of a final agency decision.

Question 29

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 30

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 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 31

_____ 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
E) Section 706 of the Administrative Procedure Act

Question 32

An individual or a company may challenge agency action where such action is _____:

A) in accordance with the agency's scope of authority
B) in accordance with the U.S. Constitution or the Administrative Procedure Act
C) unwarranted by the facts
D) in accordance with the substantial evidence test
E) nonarbitrary, rational, or otherwise in accord with the law