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Chapter 5 & 5
| Question | Answer |
|---|---|
| A significant difference between administrative agency hearing and court hearings are what? | a court hearing allows no public intervention |
| An agreement to charge an agreed-upon price or to price or to set maximum or minimum prices between or among competitors is called price fixing but it not per se a violation of the Sherman Act. True or False | False |
| Before an agency can begin rulemaking proceedings it must be given jurisdiction by? | Congressional enactment in the form of a statue. |
| Meetings are to be open to the public under what Act? | the Sunshine Act |
| Governments may regulate prices but not credit terms. True or False | False |
| The public comment period for proposed administrative agency rules must be at least how many days? 30 days, 60 days or 90 days? | 30 days |
| Under the Sherman Act competitors are permitted to agree not to deal with certain buyers. Ture or False | False |
| A _________settlement is a negotiated disposition of a matter before an administrative agency generally without public sanctions. formal settlement or informal settlement | Informal settlement |
| An administrative regulation has what? | The force of the law |
| Generally which powers does an administrative agency possess? | All powers necessary |
| A divestiture order is a decree ordering a defendant to dispose of excessive ownership or control of interests in competing enterprises . True or False | True |
| In reviewing agency action, courts generally apply what standard? | arbitrary and capricious standard. |
| If an agency causes a substantial loss to a business by enforcement of its laws, that business may what? | Seek damages if the agency acted in bad faith |
| What Amendment protects against self-incrimination that cannot be invoked by a corporate officer when an agency has subpoenaed corporate records? | Fifth Amendment |
| The Freedom of Information Act is what? | Intended to subject agency action to public scrutiny |
| To satisfy the requirements of due process an agency handling a complaint must generally_________, although there is no right to trial by jury before an agency. | Give notice and hold a hearing |
| Requiring buyers to purchase one product in order to get another is acceptable practice and not a violation of the Sherman Act. True or False | False |
Created by:
kcosby2011