Question 1

________ grant agencies executive power to investigate potential violations of rules or statutes.

Accepted Answer

A)   Enabling statutes
B)   Rule making legislation
C)   Interpreting rules
D)   Investigative authority
E)   Empowering statutesF) B) and D)
G) A) and D)

Question 2

In the case text Doe v. United States SEC, the SEC served Google with a subpoena seeking the identity of an email address linked to touting activity. Google sent the subpoena to the owner of the email address. The owner of the email address then filed a motion to quash the subpoena and information request directed at Google, which of the following was the result?

Accepted Answer

A)   The court granted the motion, finding a violation of the email address owner's First Amendment rights.
B)   The court granted the motion, finding the SEC did not meet its burden of showing how the email address was linked to the touting activity.
C)   The court denied the motion, finding the SEC proved beyond a reasonable doubt who owned the email address.
D)   The court denied the motion, finding the SEC sufficiently established email ownership and it was relevant in its touting investigation.
E)   The court denied the motion because the email address owner did not have standing, Google was the only party that had standing to challenge the subpoena.F) B) and D)
G) B) and C)

Question 3

Agencies could decide on their own how to make rules, conduct investigations, and hold hearings and trials, prior to the passage of the Administrative Procedures Act.

Accepted Answer

A) True 
 B)False

Question 4

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

Accepted Answer

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

Question 5

Executive agencies can make rules covering a broad spectrum of industries and activities but tend to focus mostly on ________

Accepted Answer

A)   social regulations
B)   politics
C)   public safety
D)   economic realities
E)   trade with foreign countriesF) A) and B)
G) B) and E)

Question 6

________ rules of an agency are policy expressions that have the effect of law.

Accepted Answer

A)   Substantive
B)   Procedural
C)   Legislative
D)   Adjudicative
E)   ExclusiveF) B) and C)
G) C) and D)

Question 7

[License Challenge] Talia was licensed by her state to train massage therapists. The state-licensing agency, the Aesthetic and Massage Commission, took very seriously its role of enforcing the state statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith, incompetence, dishonesty, or improper dealing." Rules were passed authorizing the agency to revoke the license of anyone found guilty of such acts or conduct. While driving home late one night from a party, Talia was stopped by police and arrested for driving under the influence of alcohol. She pled guilty to the offense. When the Aesthetic and Massage Commission discovered the conviction, the officials of the agency met, decided that Talia might drink on the job, and that she might pose a danger to students. Accordingly, her license to teach massage therapy was revoked. Talia threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because, based on her admission of guilt, no factual dispute was involved. The agency official went on to say that even if an appealable issue existed, agency action may only be overturned when there is clear and convincing evidence that the agency exceeded its discretion. The administrative system in Talia's state is identical to the federal system.
-If Talia appeals to court after she is unable to resolve the issue through the agency, what would likely be the result?

Accepted Answer

A)   The court would immediately dismiss her appeal because she had no right to an appeal a decision of an agency of this type.
B)   She would lose unless she could establish that she was singled out for unfair treatment based on a review of others in her position who pled guilty to similar charges.
C)   She would lose unless she could establish bias against her because of her race, color, gender, age, or national origin.
D)   She would lose because courts will review agency interpretations of regulations only when there is clear and convincing evidence of a factual dispute, which is nonexistent because she pled guilty to the DUI charge.
E)   She would win because it appears that the agency exceeded its authority under the statute in that her DUI conviction did not involve matters, such as honesty, that the statute was meant to protect.F) C) and E)
G) A) and B)

Question 8

Varon was ordered by an administrative agency to appear before them and bring with him all of the documents associated the with the case before them. This order is known as a(n)

Accepted Answer

A)   subpoena
B)   subpoena duces tecum
C)   summons
D)   order duces tecum
E)   testify before us orderF) None of the above
G) A) and C)

Question 9

[New Agency] Ruth just got a job as an assistant in a new federal agency called the Accounting Commission, which was set up to regulate the accounting and auditing profession. The agency is headed by commissioners who serve for fixed terms and can be removed only for cause. No more than a majority of the commissioners may be from the same political party. The agency is getting ready to issue rules. The enabling legislation that set up the Accounting Commission specified that the agency could make rules but said nothing about the form of the rules. Ruth's boss, Odette, gave her some proposed rules and asked her to be sure that they were published and to take care of the next step in the approval process. Odette also told her that at this point she was not very interested in hybrid rule making.
-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) None of the above
G) A) and B)

Question 10

Which of the following is the effect of an order rendered by ALJs, who have the authority to enter an order if the parties cannot reach a settlement, which of the following is the effect of an order?

Accepted Answer

A)   The order is nonbinding and cannot be appealed.
B)   The order is nonbinding and can be appealed.
C)   The order is binding and can be appealed.
D)   The order is binding and cannot be appealed.
E)   The order is nonbinding.F) C) and D)
G) B) and D)

Exam 44: Administrative Law

________ grant agencies executive power to investigate potential violations of rules or statutes.

Correct Answer
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Correct Answer
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________ rules of an agency are policy expressions that have the effect of law.

Correct Answer
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Agencies could decide on their own how to make rules, conduct investigations, and hold hearings and trials, prior to the passage of the Administrative Procedures Act.

Correct Answer
verified

Which of the following is the effect of an order rendered by ALJs, who have the authority to enter an order if the parties cannot reach a settlement, which of the following is the effect of an order?

Correct Answer
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Executive agencies can make rules covering a broad spectrum of industries and activities but tend to focus mostly on ________

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

Correct Answer
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Varon was ordered by an administrative agency to appear before them and bring with him all of the documents associated the with the case before them. This order is known as a(n)

Correct Answer
verified

Exam 44: Administrative Law

________ grant agencies executive power to investigate potential violations of rules or statutes.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

________ rules of an agency are policy expressions that have the effect of law.

Correct AnswerverifiedShow Answer

Agencies could decide on their own how to make rules, conduct investigations, and hold hearings and trials, prior to the passage of the Administrative Procedures Act.

Correct AnswerverifiedShow Answer

Which of the following is the effect of an order rendered by ALJs, who have the authority to enter an order if the parties cannot reach a settlement, which of the following is the effect of an order?

Correct AnswerverifiedShow Answer

Executive agencies can make rules covering a broad spectrum of industries and activities but tend to focus mostly on ________

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Varon was ordered by an administrative agency to appear before them and bring with him all of the documents associated the with the case before them. This order is known as a(n)

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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