Question 1

The trend in recent times with regard to liability of government and government officials has been to
A) increase the liability of both.
B) decrease the liability of both.
C) increase the liability of governments and decrease that of officials.
D) increase the liability of officials and decrease that of governments.

Accepted Answer

The trend has been towards increasing the liability of governments for their actions, making them more accountable to the public and legal standards. At the same time, there has been a movement to decrease the personal liability of government officials, often to protect them from lawsuits stemming from their official duties, provided they acted in good faith and within the scope of their authority. This approach encourages public service by reducing the fear of personal legal repercussions for official actions.

Question 2

Under notice-and-comment rulemaking, an agency
A) must allow oral argument.
B) may deny opportunity for oral argument.
C) must conduct "on the record" hearings.
D) rule must be approved by the legislature.

Accepted Answer

Under notice-and-comment rulemaking, an agency may deny the opportunity for oral argument. This process primarily involves the publication of a proposed rule, a written comment period, and then the issuance of a final rule, without a requirement for oral arguments.

Question 3

Independent regulatory agencies are distinguished from other agencies in that
A) their heads may not be removed from office without cause.
B) they form part of the legislative branch.
C) they do not have rulemaking authority.
D) they come directly under the control of the president.

Accepted Answer

Independent regulatory agencies are characterized by the protection of their heads from removal without cause, ensuring their independence from executive pressure. This allows them to operate with a degree of autonomy not seen in agencies more directly controlled by the president or those without rulemaking authority.

Question 4

The principles of notice-and-comment rulemaking are derived from
A) judicial decisions.
B) the common law.
C) the APA.
D) the Restatement of Administrative Procedure .

Accepted Answer

The principles of notice-and-comment rulemaking are derived from the Administrative Procedure Act (APA), which outlines the process federal agencies must follow to issue regulations, including providing notice to the public and an opportunity for comment.

Question 5

The principal reason why the federal courts became more receptive to review of agency action was
A) that the scope of review was narrowed to legal issues.
B) that Congress mandated review.
C) that the executive branch encouraged it.
D) judicial activism.

Accepted Answer

The federal courts became more receptive to reviewing agency actions primarily because the scope of review was narrowed to legal issues, allowing courts to focus on whether agencies were acting within their legal boundaries.

Question 6

Much of the administrative law formulated by judicial decisions concerns independent regulatory agencies because
A) financial interests encourage appeal.
B) action by other agencies is not usually reviewable.
C) constitutional issues are involved.
D) these agencies have a longer history.

Accepted Answer

Financial interests often encourage appeals in cases involving independent regulatory agencies, leading to a significant amount of administrative law being formulated through judicial decisions.

Question 7

Which of the following would be most likely to be held to be a question of law?
A) Determining eligibility for welfare
B) Fixing of railroad rates by the ICC
C) Granting of a broadcasting license
D) The meaning of terms in a statute

Accepted Answer

The meaning of terms in a statute is typically a question of law because it involves interpreting legal texts, which is a task for the courts.

Question 8

In administrative law, judicial review refers to
A) exhaustion of administrative remedies.
B) the judicial function of administrative agencies.
C) the legislative function of administrative agencies.
D) the authority of courts to review administrative action.

Accepted Answer

Judicial review in administrative law is the process by which courts examine the actions or decisions of administrative agencies to ensure they comply with legal standards and principles. This includes reviewing the legality, reasonableness, and fairness of the actions or decisions made by these agencies.

Question 9

The principal effect of the Federal Tort Claims Act was to
A) eliminate much of federal sovereign immunity.
B) make the federal courts available for review of state tort actions.
C) restrict federal tort actions to diversity cases.
D) shield federal officials from liability.

Accepted Answer

The Federal Tort Claims Act (FTCA) primarily waived the United States' sovereign immunity, allowing itself to be sued for certain torts committed by persons acting on behalf of the United States. This marked a significant shift, as prior to the FTCA, it was generally impossible to sue the federal government for most torts.

Question 10

The delegation of legislative authority to an administrative agency by Congress is
A) unconstitutional.
B) rarely challenged.
C) never done.
D) a violation of separation of powers.

Accepted Answer

The delegation of legislative authority to administrative agencies by Congress is a common practice and is rarely challenged. This is because such delegations are often seen as necessary for the efficient functioning of government, allowing specialized agencies to develop rules and regulations within the framework established by Congress.

Question 11

The substantive law of federal administrative agencies is found in the
A) Administrative Code.
B) Administrative Procedure Act.
C) Code of Federal Regulations .
D) Federal Register .

Accepted Answer

The substantive law of federal administrative agencies is codified in the Code of Federal Regulations (CFR), which is the official compilation of all rules and regulations created and enforced by the federal agencies.

Question 12

Where Congress grants authority to an agency but is silent as to reviewability of agency action,
A) reviewability is presumed.
B) the agency action may not be reviewed.
C) the courts may not act.
D) congressional review is required.

Accepted Answer

When Congress grants authority to an agency but does not specify whether the agency's actions can be reviewed, it is generally presumed that those actions are subject to judicial review. This presumption is based on the principle that courts have the authority to review administrative actions to ensure they comply with the law.

Question 13

The denial to grant a visa to enter the United States is not ordinarily reviewable because
A) decisions of the Immigration and Naturalization Service were made unreviewable by statute.
B) it is considered a privilege.
C) aliens do not have access to our courts.
D) of executive order.

Accepted Answer

Entering the United States is considered a privilege, not a right, especially for non-citizens. This principle underlies the general stance that visa denial decisions are not typically subject to judicial review, as they are discretionary decisions made by the executive branch regarding who is allowed to enter the country.

Question 14

Notice-and-comment rulemaking is considered preferable to the rules operating prior to the introduction of these requirements because it is
A) automatically reviewed by the courts.
B) more democratic.
C) an adversarial process.
D) unreviewable.

Accepted Answer

Notice-and-comment rulemaking is considered more democratic because it allows for public participation in the rulemaking process, giving individuals and entities the opportunity to comment on proposed rules before they are finalized.

Question 15

_______ expresses the legislative function of agencies.
A) Judicial review
B) Adjudication
C) Delegation
D) Rulemaking

Accepted Answer

Rulemaking expresses the legislative function of agencies, as it involves the process by which agencies formulate, amend, or repeal a rule or regulation.

Question 16

The Bi-Metallic and Londoner cases formulated a principle to distinguish cases requiring some sort of hearing based on
A) the particularity of the effect of agency action.
B) the level at which agency action occurs.
C) the notice requirement.
D) Section 556 of the APA.

Accepted Answer

The Bi-Metallic and Londoner cases established a principle based on the particularity of the effect of agency action. In Londoner v. Denver, the decision was that a hearing was required when a small number of people were affected in a direct and individual way. In contrast, Bi-Metallic Investment Co. v. State Board of Equalization held that when a rule or action affects a large group of people in a general way, individual hearings are not required. This distinction is based on the particularity and directness of the effect on individuals.

Question 17

Judges are immune from tort suit
A) at all times.
B) only when in court.
C) when exercising their judicial duties.
D) when acting in an official capacity unless malice can be shown.

Accepted Answer

Judges are immune from tort suits when they are exercising their judicial duties. This immunity is meant to protect the integrity of the judicial process by ensuring that judges can make decisions without fear of personal liability.

Question 18

Goldberg v. Kelly established a right to a hearing
A) in civil rights cases.
B) where an agency allegedly violated due process rights.
C) in all cases of final agency action.
D) prior to termination of welfare benefits.

Accepted Answer

Goldberg v. Kelly established that individuals have a right to a hearing before their welfare benefits can be terminated, ensuring due process rights are upheld in such cases.

Question 19

A suit against a city based on injuries received because of police brutality is most likely to be brought in federal court under
A) the Fourteenth Amendment.
B) 42 U.S.C. § 1983.
C) the Federal Tort Claims Act.
D) the Moss-Magnusson Act.

Accepted Answer

42 U.S.C. § 1983 is specifically designed to address civil rights violations by persons acting under state law, which includes police brutality cases. It allows individuals to sue in federal court for civil rights violations, including those involving police officers.

Question 20

The courts have shown the greatest reluctance in reviewing
A) action by independent regulatory agencies.
B) administrative fact finding.
C) welfare agencies.
D) legislative rules.

Accepted Answer

Courts have historically shown the greatest reluctance in reviewing administrative fact finding because it involves the expertise and discretion of administrative agencies in interpreting complex data and facts within their specialized domain.

Quiz 14: Administrative Law and Procedure

The trend in recent times with regard to liability of government and government officials has been to

Under notice-and-comment rulemaking, an agency

Independent regulatory agencies are distinguished from other agencies in that

The principles of notice-and-comment rulemaking are derived from

The principal reason why the federal courts became more receptive to review of agency action was

Much of the administrative law formulated by judicial decisions concerns independent regulatory agencies because

Which of the following would be most likely to be held to be a question of law?

In administrative law, judicial review refers to

The principal effect of the Federal Tort Claims Act was to

The delegation of legislative authority to an administrative agency by Congress is

The substantive law of federal administrative agencies is found in the

Where Congress grants authority to an agency but is silent as to reviewability of agency action,

The denial to grant a visa to enter the United States is not ordinarily reviewable because

Notice-and-comment rulemaking is considered preferable to the rules operating prior to the introduction of these requirements because it is

_______ expresses the legislative function of agencies.

The Bi-Metallic and Londoner cases formulated a principle to distinguish cases requiring some sort of hearing based on

Judges are immune from tort suit

Goldberg v. Kelly established a right to a hearing

A suit against a city based on injuries received because of police brutality is most likely to be brought in federal court under

The courts have shown the greatest reluctance in reviewing