Question 1

In general, the scope of review under the APA for an informal action is:

Accepted Answer

The scope of review under the APA for an informal action is whether the action was arbitrary and capricious. This means that the court will review whether the agency had a rational basis for its decision and whether it considered all relevant factors. The court will not re-weigh the evidence or substitute its judgment for that of the agency. Therefore, choice A is the best answer.

Question 2

Distinguish procedural and substantive due process.

Accepted Answer

Procedural due process guarantees a fair deci- sion-making process before life, liberty, and property can be taken away, while substantive due process involves the fundamental rights pro- tected under the liberty and which generally can- not be taken away no matter what process is used.

Question 3

Exhaustion of administrative remedies requires that all appeals within an agency be attempted before the case can be taken to a court.

Accepted Answer

Exhaustion of administrative remedies is a legal principle that requires individuals to exhaust all available administrative or internal remedies or appeals within an agency before seeking judicial review or relief. This means that individuals must first go through all the available administrative procedures and appeals provided by the agency before bringing the case to court.

Question 4

The U.S.Supreme Court has held that welfare benefits are:

Accepted Answer

The U.S. Supreme Court has held that welfare benefits are a form of property, and therefore protected by the Due Process Clause of the Constitution. This means that recipients of welfare benefits have certain legal rights and cannot have their benefits arbitrarily taken away without proper notice and opportunity to be heard.

Question 5

Explain how the term judicial review is used gen- erally and in administrative law.

Accepted Answer

The answer of Explain how the term judicial review is...

Question 6

Are agencies bound to follow the Constitution? Explain.

Accepted Answer

The answer of Are agencies bound to follow the Constitution?...

Question 7

When a state agency attempts to take away lib- erty or property, which amendment of the Con- stitution is implicated?

Accepted Answer

The Fourteenth Amendment is implicated because it includes the Due Process Clause, which prohibits state and local governments from depriving persons of life, liberty, or property without due process of law.

Question 8

State three interests that are protected by the Constitution under substantive due process and explain how these interests are established.

Accepted Answer

The answer of State three interests that are protected by...

Question 9

In general, the scope of review under the APA for a formal action is:

Accepted Answer

Under the Administrative Procedure Act (APA), the scope of review for formal rulemaking or adjudication is typically based on the "substantial evidence" standard.

Question 10

When a federal agency attempts to take away lib- erty or property, which amendment of the Con- stitution is implicated?

Accepted Answer

The Fifth Amendment of the Constitution includes several provisions related to the federal government's power over individuals, including the right to due process of law and protection against self-incrimination. It also includes the "takings clause," which prohibits the federal government from taking private property for public use without just compensation. Therefore, when a federal agency attempts to take away liberty or property, the Fifth Amendment is implicated.

Question 11

The Environmental Protection Agency issued a press release indicating that it will in the future require new pollution control devices on all fac- tories.An environmental group immediately files suit to invalidate the regulations.This suit is:

Accepted Answer

The suit is not yet ripe because the regulations have not yet been implemented, and it is uncertain if they will be. Therefore, the court cannot yet adjudicate the case.

Question 12

In general, courts when exercising judicial review are not supposed to substitute their judgment for that of the agency.

Accepted Answer

This is known as the deference doctrine, where courts give deference to the agency's decision-making and only intervene when the agency's decision is arbitrary, capricious, or not in accordance with the law.

Question 13

Smith, a taxpayer, files suit when Congress raises the tax on gasoline.This suit:

Accepted Answer

Taxpayers generally do not have standing to challenge tax laws unless they can show specific and concrete harm to themselves. In this case, Smith's complaint about a general increase in gasoline tax is not sufficient to establish standing.

Question 14

The principle that even if a court has the power to hear a case, if the case involves issues that are

Accepted Answer

Primary jurisdiction is the principle that even if a court has the power to hear a case, it may defer to a specialized agency to decide the issue first if the issue involves matters within the agency's particular expertise.

Question 15

One must have a personal stake in the outcome of a case and have suffered a legally recognized injury.This requirement is called:

Accepted Answer

Standing is the requirement that a person must have a personal stake in the outcome of a case and have suffered a legally recognized injury. Mootness refers to a case that is no longer relevant or significant, while ripeness deals with cases that are not yet mature enough for judicial review. The political question doctrine is a legal principle used to avoid the judiciary branch from ruling on issues that are better suited for other branches of government. Therefore, the only choice that accurately corresponds with the given requirement is option C, Standing.

Question 16

The principle that the U.S.Supreme Court can declare whether a law is contrary to the Consti- tution is know as:

Accepted Answer

The principle that the U.S. Supreme Court can declare whether a law is contrary to the Constitution is known as judicial review. This power was established in the landmark case Marbury v. Madison in 1803, and it allows the Supreme Court to strike down laws that violate the Constitution. Therefore, option A is the correct answer. Option B is incorrect because writs of judicial appeal are not a principle, but rather a type of remedy in certain legal cases. Option C and D are also incorrect as they are not recognized principles or doctrines in American jurisprudence.

Question 17

Explain two reasons for judicial review.

Accepted Answer

The answer of Explain two reasons for judicial review....

Quiz 6: Judicial Control of Administrative