Chapter 3 administrative law review

question

Mediation is known as conciliation

answer

TRUE

question

Mediation results in a final decision

answer

TRUE

question

The department of justice is responsible for enforcing criminal and civil statutes

answer

TRUE

question

A great majority of agency actions are informal

answer

TRUE

question

All agency actions, formal and informal, are strictly governed by the agency's enabling statute

answer

FALSE

question

The processing of claims and applications by individual agencies is required to be strictly uniformed from agency to agency to reduce public's confusion and to promote due process and equal protection

answer

FALSE

question

A declaratory order has the same effect as an order resulting from adjudication

answer

TRUE

question

The decision of a mediation can be binding by both parties

answer

FALSE

question

One study cited in the text has shown that only about 50% of the rules promulgated by OSHA are enforced

answer

FALSE

question

If it appears that a crime has been committed, the prosecutor is required to conduct an investigation and may not selectively investigate or prosecute suspected criminals

answer

FALSE

question

A citizen's constitutional rights protected by the Fourth Amendment are not at issue regarding

answer

Environmental testing

question

If Congress has left a gap in an agency enabling statute regarding the making of rules necessary for formulation of agency policy

answer

Agencies given express delegation of authority to create any necessary provisions to fulfill the agencies function

question

An agency interpretation of the law or statement of its policy practice or procedure given voluntarily is called

answer

Advisory opinion

question

Which of the following limits the exercise of agency discretion?

answer

Due process AND Equal protection

question

The disagreement with an agency's policy decision that is not the proper basis for a lawsuit is called

answer

Chevron doctrine

question

The ABA limits the issuance of declaratory orders

answer

To situations in which a formal adjudication is required

question

Lawsuits involving the exercise of agency discretion may be negotiated and settled

answer

All of the above

question

Which of the following are not a limitation on agency discretion

answer

All the above

question

The agency has the power to choose between two or more alternatives, the agency is said to have

answer

Discretion

question

When agencies act informally

answer

There are often few or no procedures to protect individuals

1 of 20

question

Mediation is known as conciliation

answer

TRUE

question

Mediation results in a final decision

answer

TRUE

question

The department of justice is responsible for enforcing criminal and civil statutes

answer

TRUE

question

A great majority of agency actions are informal

answer

TRUE

question

All agency actions, formal and informal, are strictly governed by the agency's enabling statute

answer

FALSE

question

answer

FALSE

question

A declaratory order has the same effect as an order resulting from adjudication

answer

TRUE

question

The decision of a mediation can be binding by both parties

answer

FALSE

question

One study cited in the text has shown that only about 50% of the rules promulgated by OSHA are enforced

answer

FALSE

question

If it appears that a crime has been committed, the prosecutor is required to conduct an investigation and may not selectively investigate or prosecute suspected criminals

answer

FALSE

question

A citizen's constitutional rights protected by the Fourth Amendment are not at issue regarding

answer

Environmental testing

question

If Congress has left a gap in an agency enabling statute regarding the making of rules necessary for formulation of agency policy

answer

Agencies given express delegation of authority to create any necessary provisions to fulfill the agencies function

question

An agency interpretation of the law or statement of its policy practice or procedure given voluntarily is called

answer

Advisory opinion

question

Which of the following limits the exercise of agency discretion?

answer

Due process AND Equal protection

question

The disagreement with an agency's policy decision that is not the proper basis for a lawsuit is called

answer

Chevron doctrine

question

The ABA limits the issuance of declaratory orders

answer

To situations in which a formal adjudication is required

question

Lawsuits involving the exercise of agency discretion may be negotiated and settled

answer

All of the above

question

Which of the following are not a limitation on agency discretion

answer

All the above

question

The agency has the power to choose between two or more alternatives, the agency is said to have

answer

Discretion

question

When agencies act informally

answer

There are often few or no procedures to protect individuals

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