Question 1

Administrative agencies are located at the federal level only.

Accepted Answer

A) True 
 B)False

Question 2

What do the initials ALJ represent in the administrative law arena?

Accepted Answer

A)   Administrative Legal Journal
B)   Agency Legal Jargon
C)   Administrative Law Judge
D)   Agency Legal Judge
E)   Agency Law JurisprudenceF) A) and D)
G) B) and C)

Question 3

Administrative law consists of procedural,but not substantive,rules.

Accepted Answer

A) True 
 B)False

Question 4

Which of the following is a federal executive agency?

Accepted Answer

A)   The Food and Drug Administration
B)   The Federal Trade Commission
C)   The Securities and Exchange Commission
D)   The Federal Communications Commission
E)   The Equal Employment Opportunity CommissionF) C) and D)
G) A) and B)

Question 5

The Government in Sunshine Act requires that federal agencies publish in the Federal Register places where the public can get information from the agency.

Accepted Answer

A) True 
 B)False

Question 6

In order to be upheld in court,an agency's fact finding must be supported by which of the following?

Accepted Answer

A)   Substantial evidence
B)   A rational basis
C)   Any evidence
D)   Material evidence
E)   Non-hearsay evidenceF) B) and D)
G) B) and C)

Question 7

Which of the following is not a basic limit on agency power?

Accepted Answer

A)   Political
B)   Statutory
C)   Informational
D)   Approved
E)   JudicialF) A) and C)
G) B) and E)

Question 8

Which of the following are rules of an agency that are policy expressions that have the effect of law?

Accepted Answer

A)   Procedural
B)   Interpretive
C)   Legislative
D)   Adjudicative
E)   None of theseF) A) and D)
G) B) and E)

Question 9

Which of the following was the result at the U.S.Supreme Court level on the issue of whether,in order to address global climate change,the Clean Air Act authorizes the EPA to issue regulations involving the emission of greenhouse gases from new motor vehicles?

Accepted Answer

A)   The Court held that the Clean Air Act authorizes the EPA to regulate greenhouse gas emissions from new motor vehicles in the event that it forms a judgment that such admissions contribute to climate change.
B)   The Court held that the Clean Air Act authorizes the EPA to regulate greenhouse gas emissions from new motor vehicles in the event that Congress determines that such gasses significantly contribute to global climate change but that since Congress has made no such determination, the EPA is powerless to act on the issue.
C)   The Court held that regardless of whether any determination is made as to the danger posed by such emissions, the Clean Air Act authorizes the EPA, in the director's discretion, to regulate greenhouse gas emissions from new motor vehicles.
D)   The Court held that the EPA lacks the authority to regulate greenhouse gas emissions from new motor vehicles.
E)   The Court held that the EPA lacks the authority to regulate greenhouse gas emissions from new motor vehicles unless vehicle manufacturers request guidance on the issue.F) A) and B)
G) A) and C)

Question 10

Which of the following was the first federal administrative agency created?

Accepted Answer

A)   The Interstate Commerce Commission
B)   The Securities and Exchange Commission
C)   The Internal Revenue Service
D)   The Social Security Administration
E)   The Food and Drug AdministrationF) D) and E)
G) A) and E)

Question 11

The Small Business Administration is an example of an executive agency.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following is true regarding types of powers administrative agencies have?

Accepted Answer

A)   Agencies have legislative, judicial, and executive power.
B)   Agencies have executive power and judicial power, but not legislative power.
C)   Agencies have executive power and legislative power, but not judicial power.
D)   Agencies have legislative power, but not executive power or judicial power.
E)   Agencies have legislative power and judicial power, but not executive power.F) B) and D)
G) B) and C)

Question 13

Under the federal Privacy Act of 1974,a federal agency may not disclose information about an individual to other agencies or organizations without that individual's written consent.

Accepted Answer

A) True 
 B)False

Question 14

Executive agencies are referred to as which of the following?

Accepted Answer

A)   Judicial-level agencies
B)   Adjudicative agencies
C)   Cabinet-level agencies
D)   Approval agencies
E)   Presidential agenciesF) C) and E)
G) A) and E)

Question 15

Which of the following are the most common types of rule making done by agencies?

Accepted Answer

A)   Formal and hybrid
B)   Informal and hybrid
C)   Formal and informal
D)   Informational and informal
E)   Informational and formalF) All of the above
G) A) and B)

Question 16

The primary type of rule making used by administrative agencies is informal rule making.

Accepted Answer

A) True 
 B)False

Question 17

After publication what would be the next step in obtaining enactment of the rules?

Accepted Answer

A)   A vote in Congress
B)   Approval by the president through an executive order
C)   A public hearing
D)   Opportunity for all interested parties to submit written comments
E)   A hearing before an administrative law judgeF) A) and D)
G) C) and D)

Question 18

Which of the following is the appropriate agency classification for the Accounting Commission?

Accepted Answer

A)   Executive
B)   Independent
C)   Administrative
D)   Legislative
E)   JudicialF) D) and E)
G) A) and B)

Question 19

If a statute is drafted in a manner that is ambiguous with respect to the type of agency rule making required,a court will interpret the rule as requiring formal rule making.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following is false regarding executive agencies at the federal level?

Accepted Answer

A)   The administrative head of an executive agency is appointed by the president with the advice and consent of the U.S. House of Representatives.
B)   Executive-agency heads may be discharged by the president at any time, for any reason.
C)   When a new president is elected, he or she will typically place his or her appointees in charge of executive agencies.
D)   Executive agencies are generally located within the executive branch under one of the cabinet-level departments.
E)   Executive agencies tend to have responsibility for making rules covering a broad spectrum of industries and activities.F) A) and B)
G) All of the above

Exam 44: Administrative Law

Which of the following is false regarding executive agencies at the federal level?

Correct AnswerverifiedShow Answer

Administrative law consists of procedural,but not substantive,rules.

Correct AnswerverifiedShow Answer

After publication what would be the next step in obtaining enactment of the rules?

Correct AnswerverifiedShow Answer

Under the federal Privacy Act of 1974,a federal agency may not disclose information about an individual to other agencies or organizations without that individual's written consent.

Correct AnswerverifiedShow Answer

Which of the following was the first federal administrative agency created?

Correct AnswerverifiedShow Answer

Administrative agencies are located at the federal level only.

Correct AnswerverifiedShow Answer

Which of the following are the most common types of rule making done by agencies?

Correct AnswerverifiedShow Answer

If a statute is drafted in a manner that is ambiguous with respect to the type of agency rule making required,a court will interpret the rule as requiring formal rule making.

Correct AnswerverifiedShow Answer

Which of the following is true regarding types of powers administrative agencies have?

Correct AnswerverifiedShow Answer

Executive agencies are referred to as which of the following?

Correct AnswerverifiedShow Answer

Which of the following is the appropriate agency classification for the Accounting Commission?

Correct AnswerverifiedShow Answer

In order to be upheld in court,an agency's fact finding must be supported by which of the following?

Correct AnswerverifiedShow Answer

The Small Business Administration is an example of an executive agency.

Correct AnswerverifiedShow Answer

Which of the following is a federal executive agency?

Correct AnswerverifiedShow Answer

Which of the following is not a basic limit on agency power?

Correct AnswerverifiedShow Answer

Which of the following was the result at the U.S.Supreme Court level on the issue of whether,in order to address global climate change,the Clean Air Act authorizes the EPA to issue regulations involving the emission of greenhouse gases from new motor vehicles?

Correct AnswerverifiedShow Answer

The primary type of rule making used by administrative agencies is informal rule making.

Correct AnswerverifiedShow Answer

The Government in Sunshine Act requires that federal agencies publish in the Federal Register places where the public can get information from the agency.

Correct AnswerverifiedShow Answer

What do the initials ALJ represent in the administrative law arena?

Correct AnswerverifiedShow Answer

Which of the following are rules of an agency that are policy expressions that have the effect of law?

Correct AnswerverifiedShow Answer

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