question
AT&T wants to obtain additional rights to operate within the 700 MHz spectrum in the United States. The Federal Communications Commission (FCC) has rules and regulations that govern wireless spectrum auctions. The FCC is:
a. a legislative agency.
b. a judicial agency.
c. an administrative agency.
d. an executive agency.
a. a legislative agency.
b. a judicial agency.
c. an administrative agency.
d. an executive agency.
answer
an administrative agency.
question
Congress passed the Securities Exchange Act of 1934, which created the Securities Exchange Commission. This legislation, which created an independent regulatory agency, is known as:
a. a Congressional act.
b. common law.
c. administrative law.
d. enabling legislation.
a. a Congressional act.
b. common law.
c. administrative law.
d. enabling legislation.
answer
Enabling legislation specifies the name, purposes, functions, and powers of the agency being created.
question
Theo is injured at work and files a workers' compensation claim, which is administered by the workers' compensation agency in his state. His employer disputes the extent of Theo's injuries. The case is heard by an administrative law judge ("ALJ"), who decides the case in the employer's favor. Theo's attorney tells him that the ALJ's decision cannot be appealed to a court because:
a. the decision of the ALJ is final in all administrative challenges.
b. there is not an actual controversy that qualifies for judicial proceedings.
c. he does not have standing to appeal an administrative decision; only the employer could do that.
d. he must first appeal the case to the workers' compensation board that heads the state agency.
a. the decision of the ALJ is final in all administrative challenges.
b. there is not an actual controversy that qualifies for judicial proceedings.
c. he does not have standing to appeal an administrative decision; only the employer could do that.
d. he must first appeal the case to the workers' compensation board that heads the state agency.
answer
he must first appeal the case to the workers' compensation board that heads the state agency.
question
The Environmental Protection Agency (EPA) passes a proposed rule change to the Clean Air Act related to the discharge of emissions by factories. The EPA's action would be considered arbitrary and capricious for all of the following reasons except:
a. it failed to provide a rational explanation for its decision.
b. it failed to provide the required time for public comment.
c. it considered legally inappropriate factors.
d. it changed a prior policy without justification.
a. it failed to provide a rational explanation for its decision.
b. it failed to provide the required time for public comment.
c. it considered legally inappropriate factors.
d. it changed a prior policy without justification.
answer
it failed to provide the required time for public comment.
question
BP violated the Clean Air Act by discharging pollutants from one of its refineries and was unable to reach a settlement with the EPA regarding a violation of the law. The EPA plans to go forward with a trial on this matter, which will be heard by:
a. an administrative law judge (ALJ).
b. the United States Supreme Court.
c. a county court judge.
d. an appellate court judge.
a. an administrative law judge (ALJ).
b. the United States Supreme Court.
c. a county court judge.
d. an appellate court judge.
answer
an administrative law judge (ALJ).
question
The Food and Drug Administration (FDA) is investigating a report that Cherise Cosmetics Co. is in violation of purity and testing regulations. The FDA wants Yasmin, the lead chemist for the company, to testify at an administrative hearing. Yasmin refuses, so the FDA:
a. issues a subpoena duces tecum.
b. conducts an on-site investigation to discover the information.
c. appeals her decision to a federal court.
d. issues an ordinary subpoena.
a. issues a subpoena duces tecum.
b. conducts an on-site investigation to discover the information.
c. appeals her decision to a federal court.
d. issues an ordinary subpoena.
answer
The FDA has subpoena power and can compel Yasmin to testify at its hearings by issuing an ordinary subpoena.
question
The Securities and Exchange Commission (SEC) charges the Able Baker Co. (ABC) with violating an administrative rule regarding the sale of securities. ABC did not realize that in its search for capital it became subject to securities regulations. ABC may attempt to settle the case rather than proceed to litigation because:
a. a settlement can be more complex than litigation.
b. a settlement is less costly than litigation.
c. a settlement will be more costly for the agency.
d. it does not want to cooperate with the SEC.
a. a settlement can be more complex than litigation.
b. a settlement is less costly than litigation.
c. a settlement will be more costly for the agency.
d. it does not want to cooperate with the SEC.
answer
a settlement is less costly than litigation.
question
UsAgainstThem, a nonprofit environmental group, is contesting the EPA's interpretation of a rule that has allowed a refinery to offset an increase in emissions relating to one part of the refinery by reducing emissions in another part of the refinery. In challenging the EPA's interpretation, a court will likely:
a. defer to the agency's interpretation.
b. seek advice from Congress.
c. refer the matter to an agency subcommittee.
d. dismiss the suit for lack of standing.
a. defer to the agency's interpretation.
b. seek advice from Congress.
c. refer the matter to an agency subcommittee.
d. dismiss the suit for lack of standing.
answer
defer to the agency's interpretation.
question
William wants to obtain information from the Securities and Exchange Commission (SEC) regarding the number of active cases related to insider trading. To request this information, he would need to file which of the following with the SEC:
a. a Sunshine Act request.
b. a Freedom of Information Act request.
c. a Regulatory Flexibility Act request.
d. an SEC disclosure request.
a. a Sunshine Act request.
b. a Freedom of Information Act request.
c. a Regulatory Flexibility Act request.
d. an SEC disclosure request.
answer
a Freedom of Information Act request.
question
The Environmental Protection Agency conducts meetings to discuss the possibility of creating additional regulations within the next five years. Under the Government in the Sunshine Act, the meetings:
a. must be conducted in the open.
b. may be closed to the public, but the minutes of the meetings must be posted on the agency's Web site.
c. must be advertised so that the public is aware that the meetings are taking place but may be conducted privately.
d. may be closed to the public.
a. must be conducted in the open.
b. may be closed to the public, but the minutes of the meetings must be posted on the agency's Web site.
c. must be advertised so that the public is aware that the meetings are taking place but may be conducted privately.
d. may be closed to the public.
answer
may be closed to the public.
question
Assume that Congress passes a law establishing a new administrative agency to oversee cyberlaw issues. The agency writes rules to enable it to carry out its duties. The rules written by the agency will be known as a part of:
a. constitutional law.
b. a Restatement of the Law.
c. administrative law.
d. statutory law.
a. constitutional law.
b. a Restatement of the Law.
c. administrative law.
d. statutory law.
answer
administrative law
question
Joseph is appointed to serve as an officer for a federal agency. He is appointed by the president of the United States and confirmed by the U.S. Senate. He is to serve for a six-year, fixed term and cannot be removed without cause, even if there is a change in the president. Joseph is most likely serving in:
a. a cabinet post.
b. an executive agency.
c. an independent agency.
d. a Congressional committee.
a. a cabinet post.
b. an executive agency.
c. an independent agency.
d. a Congressional committee.
answer
an independent agency.
question
The Food and Drug Administration (FDA) is an example of an executive agency. If Fred Smith is an officer in the FDA and he fails to perform his duties properly, the power to remove him lies with:
a. the speaker of the U.S. House of Representatives.
b. the president of the United States.
c. the vice president of the United States.
d. the Congressional representative from his home district.
a. the speaker of the U.S. House of Representatives.
b. the president of the United States.
c. the vice president of the United States.
d. the Congressional representative from his home district.
answer
the president of the United States.
question
The Equal Employment Opportunity Commission (EEOC) issues a statement describing how it will apply a section of the Americans with Disability Act. This statement is an example of a(n):
a. illegal rule.
b. agency rule.
c. legislative rule.
d. interpretive rule.
a. illegal rule.
b. agency rule.
c. legislative rule.
d. interpretive rule.
answer
interpretive rule.
question
Carla works for the EPA. Her department determines that a new rule is necessary to help protect seabirds along the California coast. Carla is in charge of the notice of the proposed rulemaking. This means she must draft a notice of the proposed rulemaking proceedings to be published in:
a. the Federal Register.
b. the EPA newsletter.
c. the local newspaper.
d. The Wall Street Journal.
a. the Federal Register.
b. the EPA newsletter.
c. the local newspaper.
d. The Wall Street Journal.
answer
the Federal Register.
question
The Equal Employment Opportunity Commission (EEOC) issues a statement describing how it will apply a section of the Americans with Disability Act. After exhausting the administrative remedies, Jill files a lawsuit in federal court alleging that the EEOC incorrectly interpreted the statute. The court likely will:
a. give deference to the EEOC's interpretation regardless of its reasonableness because agencies have the power to interpret statutes under their authority.
b. ignore the agency's interpretation and send the question to Congress to clarify the meaning of the statute.
c. interpret the statute without reference to the EEOC interpretation under its powers of judicial review.
d. give deference to the EEOC's interpretation so long as it is reasonable.
a. give deference to the EEOC's interpretation regardless of its reasonableness because agencies have the power to interpret statutes under their authority.
b. ignore the agency's interpretation and send the question to Congress to clarify the meaning of the statute.
c. interpret the statute without reference to the EEOC interpretation under its powers of judicial review.
d. give deference to the EEOC's interpretation so long as it is reasonable.
answer
give deference to the EEOC's interpretation so long as it is reasonable.
Order an Essay Now & Get These Features For Free:
Turnitin Report
Formatting
Title Page
Citation
Outline
