Which of the following are types of rule that an agency may enact

| August 31, 2017

Question
Question 1
Which of the following are types of rule that an agency may enact?

Procedural and interpretive

Interpretive and legislative

Legislative and judicial

Procedural, interpretive, and legislative
4 points

Question 2
Congress created federal administrative agencies through passage of what type of legislation?

Administrative

Enabling

Statutory

Agency

Interstate
4 points

Question 3
Adult siblings, John, Sam, and Andy, are in disagreement over how to split the proceeds of a piece of land left to them by a rich uncle who recently died. The uncle was a resident of Georgia, and the land is in Georgia, but neither John, Sam, or Andy live there. Which of the following is true regarding jurisdiction over the dispute?

A court in Georgia would not have jurisdiction. The case would have to be brought in a state in which at least one of the brothers lives.

A court in Georgia would have in rem jurisdiction over the dispute.

A court in Georgia would have in personam jurisdiction over the dispute.

A court in Georgia would have jurisdiction over the dispute only if all brothers signed a consent form agreeing to bring the case in Georgia.
4 points

Question 4
Which of the following is a type of alternative dispute resolution?

Consultation

Mediation

Case argument

Case analysis

Focus grouping
4 points

Question 5
What do the initials ALJ represent in the administrative law arena?

Administrative Legal Journal

Agency Legal Jargon

Administrative Law Judge

Agency Legal Judge

Agency Law Jurisprudence
4 points

Question 6
Which of the following was the result in Alexis Perez v. John Ashcroft, the case in the textbook in which the plaintiff claimed that—without formal rulemaking as required by law—the Immigration and Naturalization Service wrongfully imposed a rule that required visa applicants who work in a professional capacity in a religious vocation to have formal religious training?

The court ruled that no formal rulemaking was required because the agency was merely interpreting previously-approved regulations.

The court ruled that no formal rulemaking was required because the Immigration and Naturalization Service was exempt from the Administrative Procedures Act.

The court upheld the rule on the basis that as a potential immigrant, the plaintiff lacked standing to sue.

The court struck the rule on the basis that the Immigration and Naturalization Service lacked the authority to pass any rules whatsoever when First Amendment freedom of religion rights were at issue.

The court struck the rule on the basis that all substantive rules adopted by an agency creating law must be implemented through formal rulemaking procedures.
4 points

Question 7

The “public disclosure” test is also known as the __________ test.

primary

golden

television

Powell

self-conscious

4 points

Question 8
Which of the following is (are) positive about arbitration?

Arbitrators are assigned so parties do not have to pick them.

Arbitration is generally less expensive than litigation.

Arbitrators are bound by the same rules as judges in applying precedent.

Arbitrators are assigned so parties do not have to pick them, and arbitration is generally less expensive than litigation.

Arbitrators are assigned so parties do not have to pick them, arbitration is generally less expensive than litigation, and arbitrators are bound by the same rules as judges in applying precedent.
4 points

Question 9
What usually happens to decisions of administrative law judges that are appealed to the federal court system?

The decisions are usually upheld.

The decisions are usually denied.

The decisions are upheld approximately 50% of the time.

The decisions are generally upheld as a matter of law unless a jury is requested.

None of these since there is no right of appeal to the federal court system.
4 points

Question 10
Which of the following is accurate regarding the speed and cost of alternative dispute resolution?

It is usually faster and cheaper.

It is usually faster but more expensive.

It is usually slower and more expensive.

It is usually slower but cheaper.

No studies have known, so the answer is unknown.
4 points

Question 11
Which of the following are stakeholders of a business?

Owners and employees

Employees and customers

Customers, owners, and management

Management, owners, and employees

Customers, owners, management, and employees
4 points

Question 12
Which of the following is true regarding administrative agencies?

There are state administrative agencies, but there are no federal administrative agencies.

There are federal administrative agencies, but there are no state administrative agencies.

There are state and federal administrative agencies, but there are no local administrative agencies.

Administrative agencies exist only at the local county level.

Administrative agencies exist at the federal, state, and local levels.
4 points

Question 13
Which of the following involves disputes between private individuals or groups and their government?

Public law

Private law

Governmental law

Public law and private law, but not governmental law

Public law, private law, and governmental law
4 points

Question 14
If a computer store dumps waste behind its building in violation of local, state, or federal environmental regulations, the resulting dispute focuses on __________ law.

public

preferential

consensual

private

black letter
4 points

Question 15
When courts rely on precedent, they are obeying __________.

common analysis

res judicata

stare decisis

in rem process

federal law
4 points

Question 16
What types of powers do administrative agencies have?

Legislative and judicial

Judicial and executive

Executive and legislative

Legislative, judicial, and executive
4 points

Question 17
Which of the following involves disputes between private individuals or groups?

Public law

Private law

Governmental law

Public law and private law, but not governmental law

Public law, private law, and governmental law
4 points

Question 18

Patricia, the president of a company that makes batteries, has a new interest in the environment. She recently went to a seminar on environmental dangers and has decided to take steps to clean things up. She started at home and was also committed to change things at work. Patricia had to face the fact that her company has been cheating and is not in compliance with applicable environmental regulations due to dumping in a nearby river. Her company has never been cited, however, because it employs a very large number of people in the community, including the mayor’s wife and the chief-of-police’s brother. On her mission to clean things up, Patricia has decided to go even further than the law requires and install the very latest environmental protections. When she announced her plan, the chair of the company’s board of directors, Cindy, had a meeting with Patricia. Cindy told Patricia to analyze the situation carefully because the cost of the additional equipment would mean no dividend to shareholders and no raise for employees. Furthermore, Cindy told Patricia that installing all the new equipment would result in higher prices for the company’s batteries and could bankrupt the company because of foreign competition. Cindy hinted that Patricia could be fired if she persisted. Cindy suggested that Patricia just be concerned with a minimal standard of ethics. Which of the following is the minimal standard that a business must meet in a consideration of business ethics?

Decisions must meet the criteria of a follower of the WPH framework for business ethics.

Decisions must meet the requirements of the most important stakeholders.

Decisions must receive a majority vote of acceptance by employees.

Decisions must be legal.

Decisions must be legal, and decisions must receive a majority vote of acceptance by employees.

4 points

Question 19
Which of the following do appellate courts primarily handle?

Questions of law

Questions of fact

Questions of law and fact

Cases when they initially enter the legal system

Questions of law and fact, and also cases when they initially enter the legal system
4 points

Question 20
The term __________ involves the use of past decisions to guide future decisions.

commonality

precedent

restatement

uniformity

modeling
4 points

Question 21
Which of the following is FALSE regarding executive agencies at the federal level?

The president with the advice and consent of the U.S. House of Representatives appoints the administrative head of an executive agency.

The president may discharge executive-agency heads at any time, for any reason.

Executive agencies are usually under one of the cabinet-level departments.

Executive agencies are generally located within the executive branch.

Executive agencies tend to have responsibility for making rules covering a broad spectrum of industries and activities.
4 points

Question 22
Which of the following is true regarding federal jurisdiction?

There is no exclusive federal jurisdiction in civil matters.

If a case falls within federal jurisdiction, it may not also fall within state jurisdiction.

Some cases fall within both federal jurisdiction and state jurisdiction, but there is no exclusive federal court jurisdiction.

Some cases fall within both federal jurisdiction and state jurisdiction, but that only occurs in criminal matters.

Some cases fall within both federal jurisdiction and state jurisdiction, but the federal court system has exclusive jurisdiction over some cases.
4 points

Question 23

An administrative law judge’s decision may be directly appealed to:

a state trial court.

the full commission or head of an agency.

the circuit court of appeals.

the Senate.

administrative law judge’s decisions are final and may not be appealed.

4 points

Question 24
Business ethics:

results in a set of correct decisions made by a company.

refers to a standard of business conduct.

can improve business decisions.

refers to a standard of business conduct and can improve business decisions.

results in a set of correct decisions made by a company and can improve business decisions.
4 points

Question 25
Which of the following are the most common types of rulemaking done by agencies?

Formal and hybrid

Informal and hybrid

Formal and informal

Judicial and informal

Legislative and formal

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