BUSI 2371- Chapter 6, BUSI 2371 Exam #2 Review Questions

When making rules, __________ and the _________ governs an agency's rulemaking, enforcement and adjudication processes.

The major function of today's federal agencies is adjudication.

The Federal Register is a daily publication of the executive branch that prints (and offers online) government orders, rules, comments, and regulations.

If an agency failed to follow proper rulemaking procedures when it issued the final rule, the rule may not be binding.

Courts historically have granted deference to an administrative agency's _____

Such deference seems appropriate when applied to an agency's analysis of ______ questions.

In the Chevron case, the United States Supreme Court created a standard of broadened deference to agencies on questions of legal ______

The Court's decision in the Chevron case created a new standard for courts to use when __________ agency interpretations of law.

Did Congress ______ address the issue in dispute in the statute? If so, the statutory language _________.

If the statute is __________ or ambiguous, is the agency's interpretation "reasonable"? If it is, a court should uphold the agency's interpretation even if the court would have __________ the law differently.

After the Chevron case, all of those involved in rulemaking by administrative agencies accepted the decision without discussion.

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

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

Congress passed the Securities Exchange Act of 1934, which created the Securities Exchange Commission. This legislation, which created an independent regulator agency, is known as

The EPA wants to ensure that Delmar Oil Company is in compliance with federal environmental rules regarding cleanup of oil and gasoline spills. In order to do so, it:

The FDA is investigating Shari's Cosmetics for possible violation of purity regulations. The FDA wants Yasmin, their lead chemist for the company, to testify at an administrative hearing. Yasmin refuses, so the FDA

Before any on-site investigation by a federal administrative agency, most businesses resist those inspections by going to an appeals court

One important difference between formal litigation in a court and an administrative hearing before an administrative law judge (ALJ) is that

When a negotiated settlement cannot be reached, the agency may issue a formal complaint against the suspected violator

FCC v. Fox

Administrative Agencies Exist at All Levels of Government (t or f)

At&T wants to obtain additional rights to operate within the 700 MHz spectrum in the U.S. The Federal Communication Commission (FCC) has rules and regulations that govern wireless spectrum auction. The FCC is:

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:

Federal administrative agencies are created:

When regulated groups oppose a rule adopted by an agency, they can bring a lawsuit that the rule was not authorized by the enabling statute.

The 2 basic types of administrative agencies are:

All cabinet departments of the executive branch are included in independent regulatory agencies.

An independent regulatory agency is usually run by:

The main difference between independent regulatory agencies and executive agencies is that:

Another way to describe the legislative rules that agencies create is that they are ___ rules.

Courts generally hold that Article I of the U.S. Constitution is the ___ for all administrative law.

The delegation doctrine holds that Article I grants Congress the authority to delegate some of its ___ by establishing administrative agencies.

All administrative agencies taken together are considered the ___ of the federal government.

The president has the power to ___ federal officers and also the power to veto enabling legislation.

Congress can ___ an agency all together if it wishes.

Congress can limit the power of federal agencies through its ___ authority.

Congress has the power to "freeze" the enforcement of most federal ___ before they take effect.

The judicial branch exercises ___ over agency powers through the courts' review of agency actions.

The Food and Drug Administration (FDA) regulates the distribution of Gensol. The FDA is a federal executive agency. Its power to regulate Gensol:

The Food and Drug Administration (FDA) regulates the distribution of Gensol. The FDA is a federal executive agency. The legislation that set up the FDA and gave it its power is known as:

The Food and Drug Administration (FDA) regulates the distribution of Gensol. The FDA is an executive agency. It has rules about off-label marketing of drugs. If Pharzime wants to challenge an FDA rule about off-label marketing, it would have to show that the rule is:

The Food and Drug Administration (FDA) regulates the distribution of Gensol. The FDA is an executive agency. It has rules about off-label marketing of drugs. If Pharzime was to be accused of violating one of the FDA rules, Pharzime's first formal hearing would be:

The Food and Drug Administration (FDA) regulates the distribution of Gensol. The FDA is an executive agency. It has rules about off-label marketing of drugs. If Pharzime was to be accused of violating one of the FDA rules, which of the following is true?

AT&T wants to obtain additional rights to operate within the 700 MHz spectrum in the U.S. The Federal Communications Commission (FCC) has rules and regulations that govern wireless spectrum auction. The FCC is

Congress passed the Securities Exchange Act of 1934, which created the Securities Exchange Commission. This legislation, which created an independent regulator agency, is known as

The EPA passes a proposed a 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:

William wants to obtain information from the Securities and Exchange Commission regarding the number of active cases related to insider trading. To request this information, he would need to fill which of the following with the SEC:

Starla was killed when her car struck one of a group of horses that were roaming on the highway. The Sea Horse Ranch owned the horses, which were property of the corporation that owned the ranch. The horses frequently escaped through poorly maintained fences surrounding the ranch. Shipley, the ranch's owner and president of the corporation, had been cited by the police and the humane society for allowing his horses to run free on the highway. The state sought to prosecute both the Sea Horse Ranch and Shipley for involuntary manslaughter. Can the Sea Horse Ranch corporation be held liable for the crime?

Gavin runs an illegal gambling operation out of the back of a store that he owns. The store shows increasing profits because Gavin reports the profits of his gambling operation as legitimate store income on his tax returns. Gavin is engaged in

Justin is the accountant for a trucking company. A driver, Andrew, holds a gun to Justin's head and forces him to steal from the company. Justin falsifies records, obtains cash, and gives it to Andrew. If criminal charges are brought against Justin, he can assert the defense of

The Department of Justice wants access to the telephone records of a major newspaper. The requirement for a search warrant, an order from a judge authorizing the search of the records, would be required under the

Vince relies on his computer skills to have enough money to attend college. He breaks into computer systems to transfer funds to his own accounts. He occasionally gets paid by other students for breaking into the university's computers to alter their grades. Vince is what is commonly referred to as a

the three standards that the court may use to determine whether the law violates the Equal Protection Clause.

what act greatly expanded the authority of government to monitor e-mails and web site visits

Kandis offers to pay Tim's way through college if he will give her one of his kidneys in return. He is a perfect donor match and accepts Kandis's offer, signing a contract. Their contract is

Ryan sends Michael a letter of intent for the purchase of a tract of land. The letter of intent outlines the purchase price, the legal description, and the financing terms. A paragraph is included that states this is a non-binding agreement, and is an offer to enter into negotiations.

The doctrine that prevents an offeror from revoking an offer once the offeree has justifiably relied to his detriment or has begun performance is known as

KJ Games, in Colorado, designs computer games that it markets and sells to customers via the Internet. A click-on agreement accompanies every download; no game can be installed on a buyer's computer if the buyer does not click on the words "I agree" when prompted. The click-on agreement clearly states in capital letters that all disputes will be settled in Colorado's state courts. Buyers of KJ's games are most likely

Paul goes to a bar, has seven shots of whiskey, and then goes to an electronics store and buys a $2,500 stereo system. If he later wants to avoid the contract based on his intoxication when he bought it, he will need to prove that

Brian wants to buy a mare that he can breed to help develop a horse operation. Larson offers to sell Brian a horse that Larson believes is healthy and should make a good broodmare when a little older. After two years, the horse still has not foaled. The veterinarian tells Brian that the horse is incapable of breeding. If Brian sues to rescind the contract with Larson, it is

AJ agrees to buy Harry's pickup truck so he can pull his trailer. Both AJ and Harry believe that the truck is big enough to do the job. After they complete the deal, AJ finds that the truck is not strong enough to handle the trailer. The contract between AJ and Harry can be rescinded because of

Nico and Oscar form a contract under which Oscar is to perform gardening services for Nico for one year. For six months, Oscar performs the services, and Nico pays him. Nico's mother, Madison, becomes ill and is unable to care for her garden. The three agree that Oscar will no longer care for Nico's garden but instead will care for Madison's garden for the remainder of the year. The new contract

David has a contact with Leland to build his house at a fixed price, but an unexpected hurricane causes a lumber shortage throughout the U.S. and Leland is unable to build the house. A court may excuse Leland from performing the contract based on the doctrine of

Velma contracts with Gordon, who agrees to build a stone retaining wall and French drain on her property. The wall and drain are necessary to prevent erosion of her land, which is falling into the creek on her property at a rapid rate. If Gordon breaches the contract by failing to get to work, Velma is under a legal obligation to