Essentials of Business Law and the Legal Environment 12th Edition by Richard A. Mann - Test Bank Instant Download - Complete Test Bank With Answers Sample Questions Are Posted Below 1. Legislative rules by an administrative agency do not have the force of law. a. True b. False ANSWER: …
$19.99
Essentials of Business Law and the Legal Environment 12th Edition by Richard A. Mann – Test Bank
Instant Download – Complete Test Bank With Answers
Sample Questions Are Posted Below
1. Legislative rules by an administrative agency do not have the force of law.
|
2. Administrative agencies sometimes act as if they are judicial bodies.
|
3. Administrative agencies operate only at the federal level.
|
4. Administrative agencies establish rules, and then act as both prosecutor and judge in determining whether the rules have been violated.
|
5. Agencies create more legal rules and adjudicate more controversies than all the nation’s legislatures and courts combined.
|
6. Congress appoints and removes the chief administrators of federal executive administrative agencies.
|
7. Legislative rules may, in certain circumstances, exceed the authority granted to an agency by the enabling statute.
|
8. A statute may preclude judicial review of an agency action.
|
9. Under the informal rulemaking procedures of the APA, an agency must provide notice of a proposed rule only if there is a good cause.
|
10. The scope of administrative law has expanded greatly in the last fifty years.
|
11. Generally, legislative rules must be promulgated in accordance with the procedural requirements of the APA.
|
12. Interpretative rules of administrative agencies are automatically binding on the private parties the agency regulates.
|
13. Those interpretative rules of administrative agencies that are exempt from the APA’s notice and comment requirements are not automatically binding on the courts.
|
14. In general, procedural rules are exempt from the notice and comment requirements of the APA.
|
15. An administrative agency must always use formal procedures to resolve matters.
|
16. In 1990, Congress enacted the Administrative Dispute Resolution Act to require agencies to use alternative dispute resolution.
|
17. Only documentary evidence may be admitted at an administrative hearing.
|
18. Administrative hearings are held before a jury, just as are court hearings.
|
19. The 1990 Negotiated Rulemaking Act requires agencies to use negotiated rulemaking in the majority of circumstances.
|
20. Administrative law judges are appointed by the President and confirmed by the Senate just as are judges in the U.S. District Court.
|
21. An important and fundamental part of administrative law is the limits imposed by judicial review upon the activities of administrative agencies.
|
22. To be constitutionally permissible, an enabling statute must establish reasonable standards to guide an agency in implementing the statute. Using a broad phrase such as “fair and equitable” in an enabling statute meets this requirement.
|
23. Formal rulemaking is the most frequently used rulemaking procedure for administrative agencies.
|
24. Interpretative rules are exempt from the APA’s procedural requirements of notice and comment.
|
25. Congress enacted the Administrative Procedure Act in 1946.
|
26. Agencies are required to submit most newly adopted agency rules to each house of Congress before the rules can take effect.
|
27. Parties seeking to challenge agency action by way of judicial review must have standing and must have exhausted their administrative remedies.
|
28. An administrative agency’s discretion to compel the disclosure of information is subject to any legal privileges to withhold such information.
|
29. In exercising judicial review, when reviewing factual determinations, the court uses one of three different standards: arbitrary and capricious, substantial evidence, or unwarranted by the facts.
|
30. If the decision of an ALJ is appealed to the governing body of the agency, the case may be decided de novo.
|
31. The Freedom of Information Act and the Government in the Sunshine Act are different names for the same statute.
|
32. Federal agencies may not charge for providing records to a person requesting access to the agency’s files.
|
33. Only records specifically exempted by statute from disclosure are inaccessible under the FOIA.
|
34. Under the Administrative Procedure Act (APA), most legislative rules are issued in accordance with the informal rulemaking procedures.
|
35. The Sunshine Act allows for closed meetings if they concern agency participation in pending or anticipated litigation.
|
36. All ALJ decisions must include a statement of findings of fact and conclusions of law and the reasons or basis for them, as well as a statement of the appropriate relief.
|
37. There are more than twice as many federal judges as there are administrative law judges.
|
38. Federal administrative agencies must, within one year after creating records, make them available by electronic means.
|
39. An agency may impose in its orders sanctions, such as seizing property or revoking a license.
|
40. The technical common law rules governing admissibility of evidence are used by most administrative agencies during hearings.
|
41. In 1990, Congress enacted the Administrative Dispute Resolution Act. This Act does not:
|
42. What term refers to the entire set of activities in which an administrative agency engages?
|
43. Administrative statutes issued by an agency are known as:
|
44. Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by that agency is then appealed to the courts, the court will generally apply what standard in reviewing factual determinations?
|
45. The president has significant control over administrative agencies housed within the executive branch by virtue of the power to:
|
46. Federal legislation that requires agencies to maintain in their records only that information about an individual that is relevant and necessary to accomplish an agency function and to collect information to the greatest extent practicable directly from the individual is the:
|
47. Much of federal, state, and local law in this country has been established by __________, which people label as the “fourth branch of government” because they possess tremendous power.
|
48. A major rule of an administrative agency:
|
49. Rulemaking powers of federal agencies are primarily governed by the:
|
50. Parties that seek to challenge agency action must:
|
51. Which of the following is characteristic of an executive administrative agency?
|
52. The legislature may exercise control of administrative agencies in various ways. These are:
|
53. An advantage of administrative agencies is that they:
|
54. Formal rulemaking differs from informal rulemaking in that with formal rulemaking:
|
55. An administrative law judge for the Federal Trade Commission decides a case against a retail store chain. The company then appeals the decision to the commission itself. Which of the following is correct regarding the appeal of the case from the administrative law judge to the commission?
|
56. Which of the following statements is true regarding administrative law judges?
|
57. The Environmental Protection Agency (EPA) would like to adopt some new rules regarding environmental impact statements, but it is afraid that if too many people know about them ahead of time, the adverse publicity will force the agency to amend them. To avoid any public comment, the agency seeks to adopt the rules without publishing them. Which of the following statements is true regarding the agency’s actions?
|
58. A federal agency that wishes to adopt administrative rules must do so in compliance with the:
|
59. In reviewing an agency action, which of the following are included in the questions of law a court will consider?
|
60. What standard does a court use in reviewing the factual determinations of an administrative agency?
|
61. How are ALJs selected?
|
62. What is required by the substantial evidence test?
|
63. The Government in the Sunshine Act covers all but which of the following agencies?
|
64. The enabling statute of an administrative agency requires it to conduct a legislative-type hearing without allowing for cross-examination in adopting its rules. This is:
|
65. Congress has enacted disclosure statutes to enhance public and political oversight of agency activities. These statutes include:
|
66. The APA’s requirements that the agency provide prior notice of a proposed rule, an opportunity for interested parties to participate in the rulemaking, and publication of a final draft containing a concise general statement of the rule’s basis and purpose are the requirements for issuance of rules in accordance with:
|
67. The __________ is the federal statute requiring most records in agency files to be accessible to the public.
|
68. A minor agency rule:
|
69. The Lujan v. Defenders of Wildlife case involved:
|
70. After an FOIA request has been made, an agency has __________ working days within which to indicate whether it intends to comply.
|
71. Compare the adjudication process in an administrative hearing to the judicial process. What takes place at an administrative hearing in contrast to what takes place at a trial in court?
|
72. What limits are imposed on administrative agencies by each of the following: (a) the courts; (b) Congress; and (c) the executive branch?
|
73. What is an administrative agency? What powers does an administrative agency possess?
|
74. The SEC would like to adopt some new rules to protect investors. What factors should it consider as part of the administrative process?
|
| 75. (a) What is the purpose of the Freedom of Information Act? (b) To what categories of records does the FOIA allow denial of access?
|
|||||||||||||||||||||||||||||||||||||||||||||||
76. Explain what is considered a “major rule” and the effect of an administrative rule’s being in this category.
|
77. Discuss the role of judicial review in relation to administrative agencies.
|
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
