Question 1

Before adopting new regulations to govern Internet-based phone services, the Federal Communications Commission may not

Accepted Answer

A)   hold hearings to acquire facts pertinent to the proposed rules.
B)   ignore the Administrative Procedure Act to streamline proceedings.
C)   order manufacturers to provide certain documents.
D)   solicit testimony from interest groups and consumers.E) A) and C)
F) B) and C)

Question 2

Federal executive agencies are outside the federal executive departments.

Accepted Answer

A) True 
 B)False

Question 3

The Merit Systems Protection Board issues a rule. Like other adminis?tra?tive agencies' "legislative rules," this rule is as

Accepted Answer

A)   binding as a law passed by Congress.
B)   persuasive as an expert's opinion.
C)   suggestive as a newspaper's editorial.
D)   unenforceable as a salesperson's puffery.E) None of the above
F) A) and D)

Question 4

All federal government agencies must make their records available electronically on the Internet.

Accepted Answer

A) True 
 B)False

Question 5

Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.

Accepted Answer

A) True 
 B)False

Question 6

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) All of the above
F) B) and C)

Question 7

Federal administrative agencies can regulate beyond the powers granted by enabling legislation.

Accepted Answer

A) True 
 B)False

Question 8

The U.S. Citizenship and Immigration Service issues a rule. Like the rules of other federal administrative agencies, this rule is compiled in

Accepted Answer

A)   the Administrative Register of the Federal Government.
B)   the Code of Federal Regulations.
C)   the Federal Rules of Civil Procedure.
D)   the United States Code.E) C) and D)
F) A) and D)

Question 9

Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

Accepted Answer

A)   changed the agency's prior policy without justification.
B)   followed a consideration of all relevant factors.
C)   was accompanied by a rational explanation.
D)   was plainly warranted by the evidence.E) A) and D)
F) None of the above

Question 10

Under the exhaustion doctrine, a party must feel "exhausted" about an administrative action or regulation to challenge it in court.

Accepted Answer

A) True 
 B)False

Question 11

The Consumer Product Safety Commission (CPSC)  wants Monster Toy Company to produce certain records for review. To obtain the records, the CPSC will issue

Accepted Answer

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

Question 12

After notice-and-comment rulemaking, the U.S. Bureau of Land Management (BLM)  issues a new rule and applies it to Clearcut Timber Company. Clearcut appeals the application to a federal court. The court will most likely defer to the BLM's interpretation of

Accepted Answer

A)   the facts and the law.
B)   the agency's authority.
C)   procedural requirements.
D)   the Constitution.E) B) and D)
F) All of the above

Exam 38: Administrative Law

Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.

Correct Answer
verified

The U.S. Citizenship and Immigration Service issues a rule. Like the rules of other federal administrative agencies, this rule is compiled in

Correct Answer
verified

Federal administrative agencies can regulate beyond the powers granted by enabling legislation.

Correct Answer
verified

Under the exhaustion doctrine, a party must feel "exhausted" about an administrative action or regulation to challenge it in court.

Correct Answer
verified

After notice-and-comment rulemaking, the U.S. Bureau of Land Management (BLM) issues a new rule and applies it to Clearcut Timber Company. Clearcut appeals the application to a federal court. The court will most likely defer to the BLM's interpretation of

Correct Answer
verified

Before adopting new regulations to govern Internet-based phone services, the Federal Communications Commission may not

Correct Answer
verified

The Merit Systems Protection Board issues a rule. Like other adminis?tra?tive agencies' "legislative rules," this rule is as

Correct Answer
verified

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 Answer
verified

Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

Correct Answer
verified

Federal executive agencies are outside the federal executive departments.

Correct Answer
verified

The Consumer Product Safety Commission (CPSC) wants Monster Toy Company to produce certain records for review. To obtain the records, the CPSC will issue

Correct Answer
verified

All federal government agencies must make their records available electronically on the Internet.

Correct Answer
verified

Exam 38: Administrative Law

Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.

Correct AnswerverifiedShow Answer

The U.S. Citizenship and Immigration Service issues a rule. Like the rules of other federal administrative agencies, this rule is compiled in

Correct AnswerverifiedShow Answer

Federal administrative agencies can regulate beyond the powers granted by enabling legislation.

Correct AnswerverifiedShow Answer

Under the exhaustion doctrine, a party must feel "exhausted" about an administrative action or regulation to challenge it in court.

Correct AnswerverifiedShow Answer

After notice-and-comment rulemaking, the U.S. Bureau of Land Management (BLM) issues a new rule and applies it to Clearcut Timber Company. Clearcut appeals the application to a federal court. The court will most likely defer to the BLM's interpretation of

Correct AnswerverifiedShow Answer

Before adopting new regulations to govern Internet-based phone services, the Federal Communications Commission may not

Correct AnswerverifiedShow Answer

The Merit Systems Protection Board issues a rule. Like other adminis?tra?tive agencies' "legislative rules," this rule is as

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 AnswerverifiedShow Answer

Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

Correct AnswerverifiedShow Answer

Federal executive agencies are outside the federal executive departments.

Correct AnswerverifiedShow Answer

The Consumer Product Safety Commission (CPSC) wants Monster Toy Company to produce certain records for review. To obtain the records, the CPSC will issue

Correct AnswerverifiedShow Answer

All federal government agencies must make their records available electronically on the Internet.

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

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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