Question 1

Agencies exercise their quasi-legislative power by issuing rules and regulations that have the force and effect of law.

Accepted Answer

Agencies often replace competition with regulation. When a firm is given monopoly power, it loses its freedom of contract, and a governmental body is given the power to determine the provisions of its contracts. Regulation is often a substitute for competition.

Question 2

The primary focus of policymaking by way of social regulation has been on balancing the costs of the programs with their potential benefits.

Accepted Answer

The primary focus of policymaking by way of such social regulation has not been on balancing the costs of the programs with their potential benefits. The public, and especially consumers, has frequently been forced to pay for many things it did not want or need in the sense that the cost far exceeded the benefits.

Question 3

Indirect or direct attempts by state and local governments to regulate foreign commerce to some degree are considered _____.

Accepted Answer

That the federal power to regulate foreign commerce is exclusive means state and local governments may not regulate such commerce. State and local governments sometimes attempt directly or indirectly to regulate imports or exports to some degree. Such attempts generally are unconstitutional.

Question 4

The procedures developed by administrative agencies are less formal than judicial procedures.

Accepted Answer

Administrative agencies develop their own rules of procedure unless mandated otherwise by an act of the legislature. These procedures are far less formal than judicial procedures, because one of the functions of the administrative process is to decide issues expeditiously.

Question 5

An exclusively state area of government regulation:

Accepted Answer

In theory, those matters that are exclusively within the states' power are intrastate activities that do not have a substantial effect on interstate commerce.

Question 6

Group of persons with standing to sue includes those who have noneconomic interests.

Accepted Answer

It is clear that persons who may suffer economic loss due to an agency's action have standing to sue. Recent decisions have expanded the group of persons with standing to sue to include those who have noneconomic interests, such as First Amendment rights.

Question 7

The doctrine of exhaustion of remedies comes into play whenever enforcement of the claim requires the resolution of issues that, under a regulatory scheme, have been placed within the special competence of an administrative body.

Accepted Answer

Primary jurisdiction applies when a claim is originally filed in the courts. It comes into play whenever enforcement of the claim requires the resolution of issues that, under a regulatory scheme, have been placed within the special competence of an administrative body.

Question 8

Regulation decreases the cost of government.

Accepted Answer

Regulation is a form of taxation. It directly increases the cost of government.

Question 9

Which of the following legislations prohibits any physician the legal right to prescribe controlled substances for the purpose of assisting suicide?

Accepted Answer

The state of Oregon, in 1994, legalized doctor-assisted suicide when voters approved a ballot issue enacting the Oregon Death with Dignity Act (ODWDA). In 2001, U.S. Attorney General John Ashcroft interpreted the federal Controlled Substances Act (CSA) as prohibiting any physician the legal right to prescribe controlled substances for the purpose of assisting suicide.

Question 10

Cost of paperwork contributes the least to the additional costs to the business community.

Accepted Answer

Perhaps the most disturbing additional cost to the business community is the cost of paperwork. The burden of the paperwork involved in filing applications, returns, reports, and forms is overwhelming and a major cost of doing business.

Question 11

Which of the following is true about regulation of foreign commerce?

Accepted Answer

The first part of the commerce clause grants the federal government power to regulate foreign commerce. In recent years, for example, the federal government has imposed trade embargoes on countries such as Iran, North Korea, and Libya. It can also allow commerce with restrictions.

Question 12

By requiring state legislation and regulation to protect the public's health, safety, morals, and general welfare, _____ give(s) state governments expansive power to regulate business activities.

Accepted Answer

Whereas the authority of the federal government to regulate business activity comes from the express language of the commerce clause, state and local government authority arises from a concept known as police powers. These powers can be summarized as requiring state legislation and regulation to protect the public's health, safety, morals, and general welfare. These words, particularly the last phrase, give state government expansive power to regulate business activities.

Question 13

The general language used in delegating quasi-judicial authority usually involves grants of substantial discretion to an agency.

Accepted Answer

The general language used in delegating quasi-legislative authority usually involves grants of substantial discretion to an agency.

Question 14

Any party seeking the judicial review of any administrative agency's decision must be able to prove standing to sue.

Accepted Answer

Any party seeking the judicial review of any administrative agency's decision must be able to prove standing to sue. To establish standing, the challenging party must address issues of reviewability and aggrieved party.

Question 15

The _____ has stated that everyone must have health insurance coverage beginning in 2014.

Accepted Answer

The Affordable Care Act of 2010 requires that everyone have health insurance coverage beginning in 2014.

Question 16

The chairperson usually signs orders and official correspondence and is responsible for publication of all actions in the Federal Register.

Accepted Answer

The secretary is responsible for the minutes of agency meetings and is legal custodian of its records. The secretary usually signs orders and official correspondence and is responsible for publication of all actions in the Federal Register.

Question 17

Which of the following is true about police powers?

Accepted Answer

Whereas the authority of the federal government to regulate business activity comes from the express language of the commerce clause, state and local government authority arises from a concept known as police powers. These powers can be summarized as requiring state legislation and regulation to protect the public's health, safety, morals, and general welfare. These words, particularly the last phrase, give state government expansive power to regulate business activities.

Question 18

Which of the following is true about exclusively federal area of government regulation?

Accepted Answer

The subject area that is exclusively federal concerns those internal matters where uniformity on a nationwide basis is essential. Any state regulation of such subjects is void whether Congress has expressly regulated the area or not.

Question 19

The dormant commerce clause concept:

Accepted Answer

The police powers are not limitless. For example, state regulations must not be arbitrary, capricious, or unreasonable. Furthermore, the state regulation must not violate the commerce clause. These limitations imposed by the U.S. Constitution are referred to as the dormant commerce clause concept.

Question 20

Under the regulation of interstate commerce:

Accepted Answer

The power of Congress to regulate commerce "among the several states" extends to those intrastate activities that affect interstate commerce as to make regulation of them appropriate. Regulation is appropriate if it aids interstate commerce.

Quiz 15: The Regulatory Process

Agencies exercise their quasi-legislative power by issuing rules and regulations that have the force and effect of law.

The primary focus of policymaking by way of social regulation has been on balancing the costs of the programs with their potential benefits.

Indirect or direct attempts by state and local governments to regulate foreign commerce to some degree are considered _____.

The procedures developed by administrative agencies are less formal than judicial procedures.

An exclusively state area of government regulation:

Group of persons with standing to sue includes those who have noneconomic interests.

The doctrine of exhaustion of remedies comes into play whenever enforcement of the claim requires the resolution of issues that, under a regulatory scheme, have been placed within the special competence of an administrative body.

Regulation decreases the cost of government.

Which of the following legislations prohibits any physician the legal right to prescribe controlled substances for the purpose of assisting suicide?

Cost of paperwork contributes the least to the additional costs to the business community.

Which of the following is true about regulation of foreign commerce?

By requiring state legislation and regulation to protect the public's health, safety, morals, and general welfare, _____ give(s) state governments expansive power to regulate business activities.

The general language used in delegating quasi-judicial authority usually involves grants of substantial discretion to an agency.

Any party seeking the judicial review of any administrative agency's decision must be able to prove standing to sue.

The _____ has stated that everyone must have health insurance coverage beginning in 2014.

The chairperson usually signs orders and official correspondence and is responsible for publication of all actions in the Federal Register.

Which of the following is true about police powers?

Which of the following is true about exclusively federal area of government regulation?

The dormant commerce clause concept:

Under the regulation of interstate commerce: