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quizi

Page history last edited by PBworks 13 years, 11 months ago

Quiz I Administrative Law Quiz Questions

1. Consumers of sugar favor the creation of a National Sugar Commission to regulate the production of domestic sugar producers. To maximize their likelihood of success, these consumers should concentrate their lobbying efforts on

 

a. Congress.

b. the United States Supreme Court.

c. the Federal Reserve.

d. the Environmental Protection Agency.

 

2. The Internal Revenue Service, like other administrative agencies, is part of

 

a. the executive branch of government.

b. the judicial branch of government.

c. the legislative branch of government.

d. none of the above.

 

3. Independent regulatory agencies such as the Federal Trade Commission are

 

a. not considered to be subject to the authority of the president.

b. sufficiently autonomous so that their officials cannot be removed without cause.

c. considered to be politically "untouchable."

d. both a and b.

 

4. Congress leaves it to the Bureau of Land Management (BLM) to oversee the promulgation of detailed regulations in areas under the BLM's jurisdiction. This is

 

a. divine right.

b. the delegation doctrine.

c. gap-filling power.

d. unconstitutional conduct.

 

5. The National Safety Agency is created to issue regulations to govern manufacturing. Similar to most other agencies, it may be given the power to

 

a. make rules only.

b. adjudicate disputes arising from administrative rules only.

c. make rules and adjudicate disputes arising from those rules.

d. none of the above.

 

6. The ultimate legal basis for all administrative law, including the regulations of the Occupational Safety and Health Administration, is found in

 

a. the Administrative Procedure Act.

b. the Declaration of Independence.

c. the U.S. Constitution.

d. the New Deal.

 

7. The Federal Trade Commission, like other administrative agencies, has the power to

 

a. compel businesses to reveal trade secrets.

b. harass those whom it investigates.

c. hold trial-like hearings to resolve certain kinds of disputes.

d. all of the above.

 

8. The Environmental Protection Agency (EPA) plans to adopt some new regulations to govern the manufacture and sale of toxic chemicals. Before drafting these regulations, the EPA may not

 

a. hold hearings to acquire knowledge of facts and circumstances pertinent to the proposed rules.

b. solicit testimony from public interest groups and disgruntled consumers.

c. amend the Administrative Procedure Act to streamline the proceedings.

d. order manufacturers to produce particular books, papers, or records.

 

9. The federal Food and Drug Administration uses notice-and-comment rulemaking. This involves

 

a. notice only.

b. opportunity for comments by interested parties only.

c. publication of a final draft of the rule only.

d. notice, a comment period, and publication of the final rule.

 

10. The Federal Communications Commission 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 United States Code.

d. none of the above.

 

11. The Bureau of Alcohol, Tobacco, and Firearms (BATF), like other agencies, may conduct an on-site inspection only if

 

a. BATF officials have made a good-faith determination that the inspection is necessary for their investigation.

b. the inspection will further the objectives contained within the legislation that created the BATF.

c. the inspection will demonstrate to potential violators of BATF regulations that such conduct will not be tolerated.

d. none of the above.

 

12. The Federal Trade Commission (FTC) wishes to obtain information from United Sales, Inc., concerning activities that the FTC oversees. The FTC can compel disclosure through

 

a. a search only.

b. a subpoena only.

c. a subpoena and a search.

d. none of the above.

 

13. The Food and Drug Administration (FDA) is investigating reports that Consolidated Foods, Inc., is putting potentially harmful additives in hot dogs. The FDA's demands for particular documents from Consolidated must be

 

a. specific only.

b. not unduly burdensome only.

c. specific and not unduly burdensome.

d. none of the above.

 

14. Mike is a witness in a controversy involving the Environmental Protection Agency. Mike can be compelled to appear before an administrative law judge if he is served with

 

a. a subpoena ad testificandum.

b. a subpoena certiorari.

c. a subpoena duces tecum.

d. none of the above.

 

15. The Internal Revenue Service (IRS) wants to seize certain documents of Investment Properties, Inc. Deciding whether it is permissible for the IRS to request or otherwise seize the documents depends on whether the documents are

 

a. incriminating.

b. relevant.

c. technical.

d. valuable.

 

16. Kids Wear, a clothing boutique, wishes to contest certain demands by a regulatory agency for the production of business records on the basis that these demands are overly burdensome. It will probably

 

a. not be successful.

b. prevail.

c. be penalized by the regulatory agency for impeding the investigation.

d. none of the above.

 

17. Administrative inspections, including those by the Occupational Safety and Health Administration of Products Manufacturing Corporation and other businesses, are, with some exceptions,

 

a. exempt from the Fourth Amendment's warrant requirement .

b. subject to the Fourth Amendment's warrant requirement.

c. subject to the Fourth Amendment's warrant requirement only in cases of suspected criminal activity.

d. none of the above.

 

18. Blaster Company, a fireworks manufacturer, is charged with having made products with gunpowder charges many times greater than that allowed by the National Safety Agency. The administrative law judge orders Blaster to stop making its supercharged fireworks. Blaster may

 

a. appeal to the commission that governs the agency.

b. appeal to Congress, which created the agency.

c. appeal to a different, separate agency.

d. ignore the order.

 

19. Regional Distributors, 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 that

 

a. attorneys are not allowed to attend administrative hearings.

b. clients are not allowed to communicate with their attorneys during administrative hearings.

c. hearsay can be introduced as evidence in an administrative hearing.

d. all of the above.

 

20. The National Labor Relations Board (NLRB) investigates Product Manufacturing Company for its alleged interference in on-site union elections. The matter goes before an administrative law judge who is nominally a member of the NLRB. Safeguards that exist to help guarantee the impartiality of the judge include

 

a. the prohibition of private communications between the judge and anyone who is a party to the proceedings.

b. the protection of the judge from agency discipline except on a showing of good cause.

c. the separation of the judge in the agency's organization from the investigative and prosecutorial staff.

d. all of the above.

 

21. Executive control over the power of the National Labor Relations Board, and other agencies, may be exercised through a presidential veto of

 

a. Congress's modifications of the agency's authority.

b. the agency's final rules.

c. the agency's final orders.

d. none of the above.

 

22. Digital Corporation wants to have a U.S. Department of Commerce regulation reviewed. Before a court will hear Digital's request for review, the company must

 

a. appeal simultaneously to the agency and the court.

b. bypass all administrative remedies and appeal directly to the court.

c. exhaust all administrative remedies.

d. ignore the regulation and wait for an agency to try to enforce it.

 

23. To write biographies of famous businesspersons, Greg seeks information about them under the Freedom of Information Act. To obtain the information, Greg must

 

a. give a description of the desired information.

b. obtain the permission of the person who is the focus of the information.

c. sign a statement indicating that he or she will not reveal any trade secrets gleaned from any released information.

d. obtain a court order before the files of third parties can be released.

 

24. With some exceptions, every portion of every meeting of the Environmental Protection Agency and other federal administrative agencies must be open to public observation under

 

a. the Freedom of Information Act.

b. the Government-in-the-Sunshine Act.

c. the Public Accountability Act.

d. the Regulatory Flexibility Act.

 

25. Closed meetings of the Federal Communications Commission 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 litigation or rulemaking.

d. all of the above

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