Question 1

an administrative agency has authority to perfomr judicial functions. Which of the following stmt regarding adjudication is false

Accepted Answer

a defendant in an agency formal adjudicatory action has the right to a jury trial

Question 2

which of the following forms of law is created when regulatory agencies transform statute into regulations and enforcement procedures

Accepted Answer

Administrative law

Question 3

In reviewing an administrative agency's decision,a court will usually

Accepted Answer

affirm the decision of the agency if it is both reasonable and rational

Question 4

Judicial review of administrative action

Accepted Answer

is subject to the ripeness doctrine

Question 5

in the exercise of its adjudicatory power, an administrative agency

Accepted Answer

is required to observed procedural due process

Question 6

all of the following are criticism generally made of federal regulatory agencies and policies except

Accepted Answer

taxes imposed by agencies being too high

Question 7

Which of the following is a true stmt about legislative and interpretive rules issued by an administrative agency

Accepted Answer

the making of legislative rules is subject to the notice and public participation requirements

Question 8

which of the following best describes how regulatory agencies of the US gov't are restricted in the adoption of specific regulations

Accepted Answer

regulations must be consistent with standards established in the legislation that created the agency

Question 9

in the excercise of their investigatory functions, admi. agencies may conduct inspections and searches. Which of the foll. warrantless searches by an agency would be consdired unreasonable under the constitution

Accepted Answer

an inspector arrives to search a clothing store for workplace danger. The store manager refuses to admit the inspertor.

Question 10

Administrative law is

Accepted Answer

any law regarding the powers and procedures of an administrative agency

Question 11

the best description of an administrative agency is that it is a gov'tal board, commision, officer, bureau, or department

Accepted Answer

with the power to make rules and adjudicate disputes affecting private rights

Question 12

the administrative procedure right set forth two methods of rulemaking by administrative agencies. formal and informal. The main differences between the two is

Accepted Answer

formal rulemaking requires that the agency conduct formal hearings at which all its evidence justifying its proposed regulation is presented.

Question 13

the authority of an agency to make law is typically determined by

Accepted Answer

the statute that created the agency

Question 14

as part of the administrative law process, which of the following is a major fuction of judicial review

Accepted Answer

assuring that the agency is acting in accordance with the enabling legislation

Question 15

which of the following is a true stmt about administrative agencies

Accepted Answer

independant agencies tend to be less subject to political control

Question 16

In accordance with the Federal Register Act of 1935,

Accepted Answer

a three-part Federal Register system was established

Question 17

Congress forms administrative agencies to regualate various industries and businesses. Which of the following is not a valid reason for the formation of an agency

Accepted Answer

to increase the power of the legislative branch at the expense of the executive branch

Question 18

Adjudication is a quasi-judicial function performed by administrative agencies. Adjudicatory hearings resemble a trial and are conducted by adm.law judge(ALJ).Regaring adjudicatory hearings which of the following stmts is true

Accepted Answer

adjudicatoty hearings follow much less restrictive rules of evidence than trials in other courts

Question 19

The administrative procedure act(APA)was enacted in 1946 as a reponse to criticism of the descretion & power that congress had granted to adm. agencies. Its main function is to

Accepted Answer

specify the procedures agencies must follow in making rules and established standards for judicial review of agency action

Question 20

in reviewing an adjudicatory decision by an administrative agency, a court will invalidate the agency action

Accepted Answer

unless the agencies determination was supported by substantial evidence in the record

Question 21

There are 3types of adm. rules; procedural, legislative, and interpretive. Which if any of these rules are subject to the rulemaking requirements of the adminstrative procedure act(APA)

Accepted Answer

Legislative rules

Question 22

rule making by a federal administrative body

Accepted Answer

is subject to the Administrative Procedure Act, which is concern with both rule making and adjudicatory action

Question 23

in reviewing agency action, courts practice considerable self-restraint for all except which of the following reasons

Accepted Answer

lack of jurisdiction

Question 24

many agencies promulgate regulations that have the force and effect of law. This process is known as

Accepted Answer

Rulemaking

Question 25

Able corporation was charged with a violation of the FTC act. Harp, and FTC examiner, concluded that Able violated the act. Able believes Harp was arbitrary and incorrect in others. Able

Accepted Answer

Must exhaust the available administrative remedies before relief in court can be sought

ch5:Administ.law

acct275: module 3

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