Question 1

Which of the following was the result in Electronic Privacy Information Center v. National Security Administration, the case in the text involving whether the National Security Council (NSC)  was required to respond under the Freedom of Information Act (FOIA)  to a request made by the plaintiff and referred to the NSC by the National Security Administration (NSA) ?

Accepted Answer

A)   That the NSC was subject to the FOIA but that it only had to respond to requests made directly to it, not to requests referred to it by another agency such as the National Security Administration (NS
A)  .
B)   That the NSC was subject to the FOIA and that it was required to produce the information requested by the plaintiff.
C)   That the NSC was subject to the FOIA but that the proper procedure was for the NSC to provide the documents to the NSA for review prior to production to the plaintiff.
D)   That the NSC was not subject to the FOIA and that it was not required to respond to the request.
E)   That the NSC was not subject to the FOIA but that it was required to respond to the plaintiff's request because the request was directly provided to the NSC by the NSA, an agency subject to the FOIA.

Question 2

Why do some people believe informal decision making is unfair?

Accepted Answer

A)   Parties interested in the proposed rule have no notice that a rule was proposed.
B)   Parties interested in the proposed rule cannot comment.
C)   Parties interested in the proposed rule have no idea what types of evidence the agency has received from other sources.
D)   Parties interested in the proposed rule cannot comment until the rule is already published.
E)   Most people believe informal decision making is fair.

Question 3

[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 most likely type of rulemaking that Ruth will propose?

Accepted Answer

A)   Informal
B)   Formal
C)   Legislative
D)   Regulatory
E)   Procedural

Question 4

Exemption rule making allows an agency to decide whether public participation will be allowed. Exemptions include rule-making proceedings with regard to all but which of the following?

Accepted Answer

A)   Military affairs
B)   Agency management or personnel
C)   Public property, loans, grants, benefits, or contracts of an agency
D)   Foreign affairs
E)   Executive orders

Question 5

Which of the following is not an exemption to the Freedom of Information Act?

Accepted Answer

A)   National security
B)   Internal agency matters
C)   Criminal investigations
D)   FBI records
E)   Financial institutions

Question 6

[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 would be the appropriate location for publication of the proposed rules assuming they are accepted by the agency?

Accepted Answer

A)   The Congressional Review
B)   The Congressional Record
C)   The Agency Periodical
D)   The Comment and Review Forum
E)   The Federal Register

Question 7

Which agency was the first administrative agency in the US and why was it created?

Accepted Answer

The first federal administrative agency,...

Question 8

Regarding executive agencies at the federal level, which of the following is false?

Accepted Answer

A)   The administrative head of an executive agency is appointed by the president with the advice and consent of the U.S. House of Representatives.
B)   Executive-agency heads may be discharged by the president at any time, for any reason.
C)   When a new president is elected, he or she will typically place his or her appointees in charge of executive agencies.
D)   Executive agencies are generally located within the executive branch under one of the cabinet-level departments.
E)   Executive agencies tend to have responsibility for making rules covering a broad spectrum of industries and activities.

Question 9

Which of the following does administrative law not cover?

Accepted Answer

A)   substantive rules made by administrative agencies
B)   procedural laws made by administrative agencies
C)   constitutional law
D)   hearings on administrative rulings
E)   Licensing and permits

Question 10

________ are the most common types of rule making done by agencies.

Accepted Answer

A)   Formal and hybrid
B)   Informal and hybrid
C)   Formal and informal
D)   Informational and informal
E)   Informational and formal

Question 11

Which of the following is not a right guaranteed by the Privacy Act of 1974?

Accepted Answer

A)   The right to see records about oneself, without exception.
B)   The right to see records about oneself, subject to exemptions.
C)   The right to amend a nonexempt record if it is inaccurate.
D)   The right to amend a nonexempt record if it is irrelevant.
E)   The right to amend a nonexempt record if it is incomplete.

Question 12

________ is an order issued by an agency to appear at a particular time and place and provide testimony.

Accepted Answer

A)   A subpoena
B)   A subpoena duces tecum
C)   A summons
D)   A summons duces tecum
E)   A required documented appearance

Question 13

[Disputed Dominion] Congress set up a new agency to more closely regulate testing of personal and cosmetic products on animals. Legislation was passed naming the agency the "Animal Protection Commission," and setting forth the function of the agency and its specific powers. Congress provided the agency with the power to make rules, investigate violations, and adjudicate charges of wrongdoing. The agency proceeded to properly give notice and issue rules. The rules provided for civil as well as for criminal penalties. Agency personnel issued an order for ABC Co. to attend a hearing regarding its animal testing and to bring to the hearing all company documents pertaining to animal testing. ABC Co. resisted on the basis that the agency had no power to compel its attendance at a hearing or to require it to provide any documents. ABC Co. also claimed that agencies do not have the power to impose criminal penalties. The agency proceeded to issue a ruling that ABC Co. cease all activity based upon its refusal to cooperate.
-Which of the following is the correct term for legislation passed by Congress specifying the name, functions, and specific powers of the Animal Protection Commission?

Accepted Answer

A)   Enabling legislation
B)   Enacting legislation
C)   Approving legislation
D)   Administrative regulation
E)   Agency regulation

Question 14

How often is the Federal Register published?

Accepted Answer

A)   daily
B)   weekly
C)   monthly
D)   every six months
E)   once a year

Question 15

Exemptions to the Freedom of Information Act, include all but which of the following?

Accepted Answer

A)   national security
B)   internal agency matters
C)   criminal investigations
D)   information on policy statements
E)   financial institutions.

Question 16

Which of the following was the result on appeal in Murphy v. New Milford Zoning Commission, the case in the text involving a challenge to a zoning commission's ruling that prayer meetings were not a customary accessory use in a single-family residential area?

Accepted Answer

A)   That the decision of the zoning commission was correct and would be upheld.
B)   That the court lacked jurisdiction because the plaintiffs had not exhausted their appeal rights through the zoning authorities.
C)   That no appeal rights existed from a decision regarding zoning issues, a completely localized issue.
D)   That the zoning commission was incorrect but that more information was needed in order to fashion a remedy.
E)   That the zoning commission was incorrect and that the plaintiffs would be allowed to continue the prayer meetings.

Question 17

Agencies typically act more swiftly than ________ in creating and enacting laws.

Accepted Answer

A)   Congress
B)   courts
C)   the executive branch
D)   the U.S. Senate
E)   the U.S. House of Representatives

Question 18

Set forth the stages of informal rule making.

Accepted Answer

The steps of informal rule making are as...

Question 19

When can the administrative head of an executive agency be discharged?

Accepted Answer

A)   The administrative head of an executive agency can only be discharged for cause by Congress.
B)   The administrative head of an executive agency can be discharged for any reason at anytime by Congress.
C)   The administrative head of an executive agency can only be discharged for cause by the president.
D)   The administrative head of an executive agency can be discharged for any reason at anytime by the president.
E)   An administrative head of an executive agency can be impeached by Congress for cause.

Question 20

What is the name of the government publication in which an agency publishes each proposed rule, along with an explanation of the legal authority for issuing the rule and a description of how the public can participate in the rule-making process, and later publishes the final rule?

Accepted Answer

A)   Federal Reporter
B)   Federal Register
C)   Federal Reports
D)   Federal Rules Reporter
E)   Federal Rules Register

Exam 44: Administrative Law

Agencies typically act more swiftly than ________ in creating and enacting laws.

Correct Answer
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Which of the following does administrative law not cover?

Correct Answer
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Correct Answer
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Which of the following was the result on appeal in Murphy v. New Milford Zoning Commission, the case in the text involving a challenge to a zoning commission's ruling that prayer meetings were not a customary accessory use in a single-family residential area?

Correct Answer
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Correct Answer
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How often is the Federal Register published?

Correct Answer
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Which agency was the first administrative agency in the US and why was it created?

Correct Answer
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The first federal administrative agency,...
View Answer

When can the administrative head of an executive agency be discharged?

Correct Answer
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Which of the following is not an exemption to the Freedom of Information Act?

Correct Answer
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Regarding executive agencies at the federal level, which of the following is false?

Correct Answer
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Set forth the stages of informal rule making.

Correct Answer
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The steps of informal rule making are as...
View Answer

Exemption rule making allows an agency to decide whether public participation will be allowed. Exemptions include rule-making proceedings with regard to all but which of the following?

Correct Answer
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Correct Answer
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Which of the following is not a right guaranteed by the Privacy Act of 1974?

Correct Answer
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Exemptions to the Freedom of Information Act, include all but which of the following?

Correct Answer
verified

Why do some people believe informal decision making is unfair?

Correct Answer
verified

________ are the most common types of rule making done by agencies.

Correct Answer
verified

What is the name of the government publication in which an agency publishes each proposed rule, along with an explanation of the legal authority for issuing the rule and a description of how the public can participate in the rule-making process, and later publishes the final rule?

Correct Answer
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Correct Answer
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________ is an order issued by an agency to appear at a particular time and place and provide testimony.

Correct Answer
verified

Exam 44: Administrative Law

Agencies typically act more swiftly than ________ in creating and enacting laws.

Correct AnswerverifiedShow Answer

Which of the following does administrative law not cover?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following was the result on appeal in Murphy v. New Milford Zoning Commission, the case in the text involving a challenge to a zoning commission's ruling that prayer meetings were not a customary accessory use in a single-family residential area?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

How often is the Federal Register published?

Correct AnswerverifiedShow Answer

Which agency was the first administrative agency in the US and why was it created?

Correct AnswerverifiedThe first federal administrative agency,...View AnswerShow Answer

When can the administrative head of an executive agency be discharged?

Correct AnswerverifiedShow Answer

Which of the following is not an exemption to the Freedom of Information Act?

Correct AnswerverifiedShow Answer

Regarding executive agencies at the federal level, which of the following is false?

Correct AnswerverifiedShow Answer

Set forth the stages of informal rule making.

Correct AnswerverifiedThe steps of informal rule making are as...View AnswerShow Answer

Exemption rule making allows an agency to decide whether public participation will be allowed. Exemptions include rule-making proceedings with regard to all but which of the following?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is not a right guaranteed by the Privacy Act of 1974?

Correct AnswerverifiedShow Answer

Exemptions to the Freedom of Information Act, include all but which of the following?

Correct AnswerverifiedShow Answer

Why do some people believe informal decision making is unfair?

Correct AnswerverifiedShow Answer

________ are the most common types of rule making done by agencies.

Correct AnswerverifiedShow Answer

What is the name of the government publication in which an agency publishes each proposed rule, along with an explanation of the legal authority for issuing the rule and a description of how the public can participate in the rule-making process, and later publishes the final rule?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

________ is an order issued by an agency to appear at a particular time and place and provide testimony.

Correct AnswerverifiedShow Answer

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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The first federal administrative agency,...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
verified
The steps of informal rule making are as...
View Answer

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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