Question 1

Final rules do not have binding legal effect until the courts confirm them.

Accepted Answer

A) True 
 B)False

Question 2

Under the Administrative Procedure Act,a party seeking judicial review of an agency decision must first exhaust all administrative remedies.

Accepted Answer

A) True 
 B)False

Question 3

The Securities and Exchange Commission (SEC) wants to review certain documents of Trade Funds Inc.Whether it is permissible for the SEC to request or review the documents depends on whether the documents are

Accepted Answer

A)   incriminating.
B)   relevant.
C)   technical.
D)   valuable.E) A) and B)
F) B) and D)

Question 4

Retail Stores Inc.pays taxes collected by the appropriate state agencies.Like other state administrative agencies,these agencies were created by

Accepted Answer

A)   a state legislature,through an enabling act.
B)   a state court,through the adjudicatory process.
C)   a federal administrative agency,through administrative regulations.
D)   the state governor,through an executive order.E) C) and D)
F) A) and C)

Question 5

The procedures used by administrative agencies in fulfilling their basic functions is known as

Accepted Answer

A)   the procedural process.
B)   the legislative process.
C)   the administrative process.
D)   the executive process.E) A) and C)
F) B) and C)

Question 6

On review of an agency's interpretation of the law,a court is likely to defer to the agency's view,unless the court would have interpreted the law differently.

Accepted Answer

A) True 
 B)False

Question 7

A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA) may be challenged in

Accepted Answer

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.E) B) and C)
F) A) and C) A

Question 8

Notice-and-comment rulemaking involves a period during which

Accepted Answer

A)   judges,legislators,and the president are asked about a proposed rule.
B)   potential violators of a proposed rule are notified and publicized.
C)   the administrators "notice" a problem and "comment" on it.
D)   the public is asked to comment on a proposed rule.E) All of the above
F) B) and C)

Question 9

New administrative agencies are rarely created in response to a crisis.

Accepted Answer

A) True 
 B)False

Question 10

When a state administrative regulation conflicts with a federal administrative regulation

Accepted Answer

A)   the federal regulation takes precedence.
B)   the state regulation takes precedence.
C)   a cost-benefit analysis is applied to determine which takes precedence.
D)   the regulations are equally valid within their jurisdictions.E) None of the above
F) A) and B)

Question 11

The Environmental Protection Agency (EPA) wants Waste Disposal Company to produce certain records for review.The EPA can gain access to the records through

Accepted Answer

A)   an order for specific performance.
B)   a rule for parol evidence.
C)   a formal complaint.
D)   a subpoena.E) A) and C)
F) B) and C)

Question 12

A proceeding in which an administrative law judge hears and decides issues that arise when an agency charges a person or a firm with an agency violation is

Accepted Answer

A)   adjudication.
B)   declaration.
C)   rulemaking.
D)   investigation.E) A) and B)
F) A) and C)

Question 13

Administrative regulations have benefits,but the benefits can entail considerable costs for business.

Accepted Answer

A) True 
 B)False

Question 14

The Federal Emergency Management Agency (FEMA) discovers that Rescue Inc.is violating a FEMA regulation.If this situation is resolved like most such disputes,the outcome will be

Accepted Answer

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.E) A) and B)
F) None of the above

Question 15

Administrative agencies at various levels of government can work together and share the responsibility of creating and enforcing regulations.

Accepted Answer

A) True 
 B)False  True

Question 16

To notify the public of a proposed rule,the Federal Emergency Management Agency,like other federal agencies,publishes the proposal

Accepted Answer

A)   through a broadcast on a public television station.
B)   in a trade journal available to members of the industry.
C)   in the Federal Register.
D)   on its website.E) B) and C)
F) None of the above

Question 17

To be assured that a court will defer to an administrative agency's interpretation of the law,the agency must

Accepted Answer

A)   meet the formal legal standards for notice-and-comment rulemaking.
B)   exhaust all administrative remedies.
C)   make its records available online and in other electronic formats.
D)   open every portion of every meeting to public observation.E) A) and B)
F) B) and C)

Question 18

The Food and Drug Administration (FDA) is an executive agency.As an executive agency,the FDA is subject to the authority of

Accepted Answer

A)   no government official or entity.
B)   the president.
C)   state legislatures.
D)   the U.S.Attorney GeneralE) A) and B)
F) A) and C)

Question 19

A meeting of a federal agency must be open to public observation if the meeting involves matters relating to future litigation or rulemaking.

Accepted Answer

A) True 
 B)False  False

Question 20

The Financial Stability Oversight Council was created in response to a financial crisis to

Accepted Answer

A)   identify and respond to emerging risks in the financial system.
B)   protect consumers from abusive practices by financial institutions.
C)   issue rules to cover almost every aspect of a business's operation.
D)   reduce the number and authority of business financial regulations.E) None of the above
F) All of the above

Exam 20: Administrative Law

Final rules do not have binding legal effect until the courts confirm them.

Correct AnswerverifiedShow Answer

Under the Administrative Procedure Act,a party seeking judicial review of an agency decision must first exhaust all administrative remedies.

Correct AnswerverifiedShow Answer

The Securities and Exchange Commission (SEC) wants to review certain documents of Trade Funds Inc.Whether it is permissible for the SEC to request or review the documents depends on whether the documents are

Correct AnswerverifiedShow Answer

Retail Stores Inc.pays taxes collected by the appropriate state agencies.Like other state administrative agencies,these agencies were created by

Correct AnswerverifiedShow Answer

The procedures used by administrative agencies in fulfilling their basic functions is known as

Correct AnswerverifiedShow Answer

On review of an agency's interpretation of the law,a court is likely to defer to the agency's view,unless the court would have interpreted the law differently.

Correct AnswerverifiedShow Answer

A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA) may be challenged in

Correct AnswerverifiedA

Notice-and-comment rulemaking involves a period during which

Correct AnswerverifiedShow Answer

New administrative agencies are rarely created in response to a crisis.

Correct AnswerverifiedShow Answer

When a state administrative regulation conflicts with a federal administrative regulation

Correct AnswerverifiedShow Answer

The Environmental Protection Agency (EPA) wants Waste Disposal Company to produce certain records for review.The EPA can gain access to the records through

Correct AnswerverifiedShow Answer

A proceeding in which an administrative law judge hears and decides issues that arise when an agency charges a person or a firm with an agency violation is

Correct AnswerverifiedShow Answer

Administrative regulations have benefits,but the benefits can entail considerable costs for business.

Correct AnswerverifiedShow Answer

The Federal Emergency Management Agency (FEMA) discovers that Rescue Inc.is violating a FEMA regulation.If this situation is resolved like most such disputes,the outcome will be

Correct AnswerverifiedShow Answer

Administrative agencies at various levels of government can work together and share the responsibility of creating and enforcing regulations.

Correct AnswerverifiedTrue

To notify the public of a proposed rule,the Federal Emergency Management Agency,like other federal agencies,publishes the proposal

Correct AnswerverifiedShow Answer

To be assured that a court will defer to an administrative agency's interpretation of the law,the agency must

Correct AnswerverifiedShow Answer

The Food and Drug Administration (FDA) is an executive agency.As an executive agency,the FDA is subject to the authority of

Correct AnswerverifiedShow Answer

A meeting of a federal agency must be open to public observation if the meeting involves matters relating to future litigation or rulemaking.

Correct AnswerverifiedFalse

The Financial Stability Oversight Council was created in response to a financial crisis to

Correct AnswerverifiedShow Answer

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A

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True

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