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Administrative Law-Fall2011

Page history last edited by abogado 8 years, 6 months ago


Chapter 43 - Administrative Law 


1. Congress leaves it to the Bureau of Prisons to oversee the promulgation

of detailed regulations in areas under the agency’s jurisdiction. This is

a. divine right.

b. the delegation of legislative powers.

c. gap-filling power.

d. unconstitutional conduct. 


2. Seafood Restaurant Company pays income and other taxes collected by

the Internal Revenue Service (IRS). Like other federal administrative

agencies, the IRS was created by

a. Congress, through enabling legislation.

b. the courts, through the adjudicatory process.

c. the U.S. Constitution, through the _ Amendment.

d. the U.S. Department of the Treasury, through a final order. 


3. Persons who favor the creation of a National Biotech Agency to regulate

the production of genetically altered agricultural products should con-

centrate their lobbying efforts on

a. Congress.

b. federal administrative agencies that oversee agricultural


c. the United States Supreme Court.

d. the president of the United States. 


4. Truck Transport Company is subject to a decision by the National Labor

Relations Board. Truck Transport appeals the decision, arguing that it is

arbitrary and capricious. This could mean that the decision

a. followed a consideration of legally appropriate factors.

b. justifiably changed the agency’s prior policy.

c. was accompanied by a rational explanation.

d. was plainly contrary to the evidence. 


5. The Office of Postsecondary Education, like other federal administrative

agencies, is part of the government’s

a. administrative branch.

b. executive branch.

c. judicial branch.

d. legislative branch. 


6. The Federal Highway Administration uses notice-and-comment

rulemaking. This process begins with

a. a request to Congress to enact enabling legislation.

b. the filing of a complaint against a charged party.

c. the publication of a notice of proposed rulemaking.

d. the solicitation of public comments. 


7. The U.S. Citizenship and Immigration Service issues a rule. Like the

rules of other federal administrative agencies, this rule is compiled in

a. the Administrative Register of the Federal Government.

b. the Code of Federal Regulations.

c. the Federal Rules of Civil Procedure.

d. the United States Code. 


8. In reviewing the actions of the U.S. Office of Nuclear Energy and other

agencies, the courts

a. are usually reluctant to review questions of fact.

b. rarely defer to the technical expertise of administrative agencies.

c. often rule on the merits of policy determinations.

d. all of the choices. 


9. The Equal Employment Opportunity Commission (EEOC) orders First

Financial Company to reveal certain information. First Financial

complains to a court, arguing that the order is an abuse of the EEOC’s

discretion.  Like other agencies, the EEOC can use a subpoena to

a. obtain any information, without limits.

b. obtain assurances that the law is not being violated.

c. obtain documents, but not to compel a party to testify.

d. pressure a party to settle an unrelated matter. 


10. The U.S. Patent and Trademark Office (USPTO) wants to review certain

records of Verity Corporation. The USPTO can gain access to the records


a. a subpoena only.

b. neither Verity’s consent nor a subpoena.

c. Verity’s consent only.

d. Verity’s consent or a subpoena. 


11. Caleb is a witness in a controversy involving the U.S. Drug Enforcement

Administration. Caleb can be compelled to appear before an adminis-

trative law judge if he is served with

a. an order for specific performance.

b. a rule for parol evidence.

c. a subpoena ad testificandum.

d. a subpoena duces tecum. 


12. Nursing Home Care Company is charged with violating a rule of the

Social Security Administration. Most likely, Nursing Home Care will be

required to appear at a hearing presided over by

a. a federal appellate court judge.

b. a federal district court judge.

c. an administrative law judge.

d. a U.S Marshal. 


13. The functions of the Social Security Administration, like those of other

administrative agencies, include

a. adjudication.

c. declaration.

b. enunciation.

d. pronunciation. 


14. The U.S. Mine Safety Administration conducts searches of certain

businesses. This agency and other administrative agencies can conduct

warrantless searches in

a. all industries.

b. highly regulated industries.

c. no industries.

d. newly regulated industries only. 


15. The Federal Emergency Management Agency (FEMA) discovers that

Goodnuff Trailers, Inc., is violating a FEMA regulation. If this situation

is resolved like most such disputes, the outcome will be

a. a negotiated settlement.

b. a trial and a fine.

c. a trial and an appeal to a higher authority.

d. a trial and the dissolution of the business. 


16. Labor Recruiters, Inc., has been ordered to appear at a hearing before an

administrative law judge of the National Labor Relations Board. A

significant difference between a trial and an administrative hearing is


a. attorneys are not allowed to attend administrative hearings.

b. clients are not allowed to communicate with their attorneys dur-

ing administrative hearings.

c. hearsay can be introduced as evidence in an administrative


d. the burden of proof is on the charged party to prove innocence. 


17. Plastix Produx Company is subject to a decision by the Consumer

Product Safety Commission. Opposed to the decision, Plastix Produx

wants a court to review it. First, however, the firm must use all of the

potential administrative remedies. This is

a. an actual controversy at issue.

b. standing to sue.

c. the exhaustion doctrine.

d. the ripeness doctrine. 


18. Jay seeks information about Kim and other well-known businesspersons

under the Freedom of Information Act. To obtain the information, Jay


a. agree not to reveal any trade secrets.

b. describe the information.

c. get a court order.

d. have Kim’s and the others’ permission. 


19. A failure of the Federal Bureau of Investigation to comply with a request

under the Freedom of Information Act (FOIA) may be challenged in

a. a federal district court.

b. a hearing before the U.S. Freedom of Information Agency.

c. a meeting with Congress’s FOIA subcommittee.

d. a special conference with the president of the United States. 


20. Closed meetings of the Office of Community Planning and Development

and other federal administrative agencies are permitted when

a. the subject of the meeting concerns accusing a person of a crime.

b. open meetings would frustrate the implementation of future

agency actions.

c. the subject of the meeting involves matters relating to future liti-

gation or rulemaking.

d. all of the choices. 



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