Question 1

_______ expresses the legislative function of agencies.

Accepted Answer

A)   Judicial review
B)   Adjudication
C)   Delegation
D)   Rulemaking

Question 2

A suit against a city based on injuries received because of police brutality is most likely to be brought in federal court under

Accepted Answer

A)   the Fourteenth Amendment.
B)   42 U.S.C. § 1983.
C)   the Federal Tort Claims Act.
D)   the Moss-Magnusson Act.

Question 3

When a government official is given discretion by law in the exercise of his or her duty, judicial review

Accepted Answer

A)   is unavailable.
B)   can invalidate official conduct on the grounds of abuse of discretion.
C)   may be had only after a complaining party has exhausted all remedies available within the administrative agency with which the official is employed.
D)   may take place only when it is alleged that the official acted beyond his or her authority.

Question 4

The principal reason why the federal courts became more receptive to review of agency action was

Accepted Answer

A)   that the scope of review was narrowed to legal issues.
B)   that Congress mandated review.
C)   that the executive branch encouraged it.
D)   judicial activism.

Question 5

In administrative law, judicial review refers to

Accepted Answer

A)   exhaustion of administrative remedies.
B)   the judicial function of administrative agencies.
C)   the legislative function of administrative agencies.
D)   the authority of courts to review administrative action. D

Question 6

The denial to grant a visa to enter the United States is not ordinarily reviewable because

Accepted Answer

A)   decisions of the Immigration and Naturalization Service were made unreviewable by statute.
B)   it is considered a privilege.
C)   aliens do not have access to our courts.
D)   of executive order.

Question 7

In Tummino v. Hamburg, the court held that

Accepted Answer

A)   the Secretary of Health and Human Services, rather than the Food and Drug Administration, did have authority to make the decision concerning emergency contraceptives.
B)   the action of the Secretary of Health and Human Services was not reviewable under the Administrative Procedure Act.
C)   the decisions of the Secretary of Health and Human Services with respect to emergency contraceptives  were arbitrary, capricious, and unreasonable .
D)   the decisions of the Secretary of Health and Human Services with respect to emergency contraceptives, although political, were not arbitrary, capricious, or unreasonable .

Question 8

Much of the administrative law formulated by judicial decisions concerns independent regulatory agencies because

Accepted Answer

A)   financial interests encourage appeal.
B)   action by other agencies is not usually reviewable.
C)   constitutional issues are involved.
D)   these agencies have a longer history. A

Question 9

Judges are immune from tort suit

Accepted Answer

A)   at all times.
B)   only when in court.
C)   when exercising their judicial duties.
D)   when acting in an official capacity unless malice can be shown.

Question 10

The principal effect of the Federal Tort Claims Act was to

Accepted Answer

A)   eliminate much of federal sovereign immunity.
B)   make the federal courts available for review of state tort actions.
C)   restrict federal tort actions to diversity cases.
D)   shield federal officials from liability.

Question 11

In Lujan v. Defenders of Wildlife, the court held that

Accepted Answer

A)   the new regulation was in error as to the geographic scope of § 7(a) (2) , and an injunction should be entered requiring the secretary to promulgate a new regulation restoring the initial interpretation.
B)   the injury-in-fact requirement had been satisfied by congressional conferral upon all persons of an abstract, self-contained, noninstrumental "right" to have the executive observe the procedures required by law, and thus the respondents did have standing.
C)   the respondents lacked standing to bring this action, and the Court of Appeals erred in denying the summary judgment motion filed by the United States.
D)   the case involved a political question that should not be resolved by the courts .

Question 12

Where Congress grants authority to an agency but is silent as to reviewability of agency action,

Accepted Answer

A)   reviewability is presumed.
B)   the agency action may not be reviewed.
C)   the courts may not act.
D)   congressional review is required.

Question 13

The Bi-Metallic and Londoner cases formulated a principle to distinguish cases requiring some sort of hearing based on

Accepted Answer

A)   the particularity of the effect of agency action.
B)   the level at which agency action occurs.
C)   the notice requirement.
D)   Section 556 of the APA.

Question 14

The delegation of legislative authority to an administrative agency by Congress is

Accepted Answer

A)   unconstitutional.
B)   rarely challenged.
C)   never done.
D)   a violation of separation of powers.

Question 15

The trend in recent times with regard to liability of government and government officials has been to

Accepted Answer

A)   increase the liability of both.
B)   decrease the liability of both.
C)   increase the liability of governments and decrease that of officials.
D)   increase the liability of officials and decrease that of governments. C

Question 16

Independent regulatory agencies are distinguished from other agencies in that

Accepted Answer

A)   their heads may not be removed from office without cause.
B)   they form part of the legislative branch.
C)   they do not have rulemaking authority.
D)   they come directly under the control of the president.

Question 17

Which of the following would be most likely to be held to be a question of law?

Accepted Answer

A)   Determining eligibility for welfare
B)   Fixing of railroad rates by the ICC
C)   Granting of a broadcasting license
D)   The meaning of terms in a statute

Question 18

Notice-and-comment rulemaking is considered preferable to the rules operating prior to the introduction of these requirements because it is

Accepted Answer

A)   automatically reviewed by the courts.
B)   more democratic.
C)   an adversarial process.
D)   unreviewable.

Question 19

The courts have shown the greatest reluctance in reviewing

Accepted Answer

A)   action by independent regulatory agencies.
B)   administrative fact finding.
C)   welfare agencies.
D)   legislative rules.

Question 20

Under notice-and-comment rulemaking, an agency

Accepted Answer

A)   must allow oral argument.
B)   may deny opportunity for oral argument.
C)   must conduct "on the record" hearings.
D)   rule must be approved by the legislature.

Exam 14: Administrative Law and Procedure

_______ expresses the legislative function of agencies.

Correct AnswerverifiedShow Answer

A suit against a city based on injuries received because of police brutality is most likely to be brought in federal court under

Correct AnswerverifiedShow Answer

When a government official is given discretion by law in the exercise of his or her duty, judicial review

Correct AnswerverifiedShow Answer

The principal reason why the federal courts became more receptive to review of agency action was

Correct AnswerverifiedShow Answer

In administrative law, judicial review refers to

Correct AnswerverifiedD

The denial to grant a visa to enter the United States is not ordinarily reviewable because

Correct AnswerverifiedShow Answer

In Tummino v. Hamburg, the court held that

Correct AnswerverifiedShow Answer

Much of the administrative law formulated by judicial decisions concerns independent regulatory agencies because

Correct AnswerverifiedA

Judges are immune from tort suit

Correct AnswerverifiedShow Answer

The principal effect of the Federal Tort Claims Act was to

Correct AnswerverifiedShow Answer

In Lujan v. Defenders of Wildlife, the court held that

Correct AnswerverifiedShow Answer

Where Congress grants authority to an agency but is silent as to reviewability of agency action,

Correct AnswerverifiedShow Answer

The Bi-Metallic and Londoner cases formulated a principle to distinguish cases requiring some sort of hearing based on

Correct AnswerverifiedShow Answer

The delegation of legislative authority to an administrative agency by Congress is

Correct AnswerverifiedShow Answer

The trend in recent times with regard to liability of government and government officials has been to

Correct AnswerverifiedC

Independent regulatory agencies are distinguished from other agencies in that

Correct AnswerverifiedShow Answer

Which of the following would be most likely to be held to be a question of law?

Correct AnswerverifiedShow Answer

Notice-and-comment rulemaking is considered preferable to the rules operating prior to the introduction of these requirements because it is

Correct AnswerverifiedShow Answer

The courts have shown the greatest reluctance in reviewing

Correct AnswerverifiedShow Answer

Under notice-and-comment rulemaking, an agency

Correct AnswerverifiedShow Answer

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D

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A

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C

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