Chapter 5: Administrative Law

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Posted on

May 22nd, 2023

question

Agencies must publish in the Federal Register the text of final regulations, which ordinarily do not become effective until _________ days later.

answer

question

Which statement is NOT true about federal rulemaking?

answer

Agencies are legally required to debate over proposed rules, though they often do not do so.

question

In _______________, the Court held that no less than private individuals, businesses are entitled to refuse police demands to search the premises unless a court has issued a search warrant.

answer

Marshall v. Barlow's, Inc.

question

The _____ governs all agency procedures in both hearings and rulemaking.

answer

Administrative Procedure Act

question

In order to appeal an administrative agency's decision, the case must be "ripe for review." What does this mean?

answer

All administrative remedies, such as further appeal within the agency, must have been exhausted.

question

In 1966, Congress enacted the ___________________, opening up to the citizenry many of the files of the government.

answer

Freedom of Information Act

question

Federal agencies must submit budget requests to the __________________.

answer

Office of Management and Budget

question

Which statement is true in case of inspections?

answer

OSHA does not specify whether inspectors are required to obtain search warrants, which are required under the Fourth Amendment in criminal cases.

question

Which statement is true with regard to the control of administrative agencies?

answer

Agencies are not permitted to go directly to Congress for increases in budget.

question

The _____ establishes an agency's authority in a particular area of the economy.

answer

enabling act passed into law by Congress and the President

question

_____ states that anyone wishing to appeal an agency action must wait until the agency has taken final action.

answer

The exhaustion of administrative remedies doctrine

question

Final agency rules published in the _____ has the same legal effect as a bill passed by Congress and signed into law by the president.

answer

Code of Federal Regulations

question

What is the fundamental statute which details for all federal administrative agencies how they must function when they are deciding cases or issuing regulations?

answer

Administrative Procedure Act

question

Usually, the agency will have all three kinds of power: ________________________. They are, in effect, rule maker, prosecutor, and judge.

answer

executive, legislative, and judicial

question

The US constitutional guarantees of ___________ can prevent local, state, and federal governments from imposing discriminatory rules for commerce that would keep minorities, women, and gay people from full participation in business.

answer

equal protection

question

Under what circumstance might the court grant relief?

answer

if the agency did not abide by its own procedures or those imposed upon it by the Administrative Procedure Act.

question

Which statement is an ideal condition for a free market?

answer

There are no parties, institutions, or governmental units regulating the quantity of the goods being bought or sold in the market.
There are no parties, institutions, or governmental units regulating the quantity of the goods being bought or sold in the market.

question

In Marshall v. Barlow's, Inc., which of the following led the court reach its final decision?

answer

No search warrant is expressly required under the OSHA.

question

According to the Freedom of Information Act, _____.

answer

a federal agency is required to respond to a document request within 10 days

question

In 1980, responding to cries that businesses, individuals, and state and local governments were being swamped by federal demands for paperwork, Congress enacted the _____________________.

answer

Paperwork Reduction Act

question

Which of the following was the first federal agency created?

answer

The Interstate Commerce Commission

question

The concept that Congress can delegate power to an agency is known as the _____________ doctrine.

answer

delegation

question

Which statement is a fair criticism of the legitimacy of administrative lawmaking?

answer

The industries regulated often capture the agencies that are supposed to regulate them.

question

Which case dealt with the problem of "byssinosis"?

answer

American Textile Manufacturers v. Donovan

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question

Agencies must publish in the Federal Register the text of final regulations, which ordinarily do not become effective until _________ days later.

answer

question

Which statement is NOT true about federal rulemaking?

answer

Agencies are legally required to debate over proposed rules, though they often do not do so.

question

In _______________, the Court held that no less than private individuals, businesses are entitled to refuse police demands to search the premises unless a court has issued a search warrant.

answer

Marshall v. Barlow's, Inc.

question

The _____ governs all agency procedures in both hearings and rulemaking.

answer

Administrative Procedure Act

question

In order to appeal an administrative agency's decision, the case must be "ripe for review." What does this mean?

answer

All administrative remedies, such as further appeal within the agency, must have been exhausted.

question

In 1966, Congress enacted the ___________________, opening up to the citizenry many of the files of the government.

answer

Freedom of Information Act

question

Federal agencies must submit budget requests to the __________________.

answer

Office of Management and Budget

question

Which statement is true in case of inspections?

answer

OSHA does not specify whether inspectors are required to obtain search warrants, which are required under the Fourth Amendment in criminal cases.

question

Which statement is true with regard to the control of administrative agencies?

answer

Agencies are not permitted to go directly to Congress for increases in budget.

question

The _____ establishes an agency's authority in a particular area of the economy.

answer

enabling act passed into law by Congress and the President

question

_____ states that anyone wishing to appeal an agency action must wait until the agency has taken final action.

answer

The exhaustion of administrative remedies doctrine

question

Final agency rules published in the _____ has the same legal effect as a bill passed by Congress and signed into law by the president.

answer

Code of Federal Regulations

question

What is the fundamental statute which details for all federal administrative agencies how they must function when they are deciding cases or issuing regulations?

answer

Administrative Procedure Act

question

Usually, the agency will have all three kinds of power: ________________________. They are, in effect, rule maker, prosecutor, and judge.

answer

executive, legislative, and judicial

question

answer

equal protection

question

Under what circumstance might the court grant relief?

answer

if the agency did not abide by its own procedures or those imposed upon it by the Administrative Procedure Act.

question

Which statement is an ideal condition for a free market?

answer

question

In Marshall v. Barlow's, Inc., which of the following led the court reach its final decision?

answer

No search warrant is expressly required under the OSHA.

question

According to the Freedom of Information Act, _____.

answer

a federal agency is required to respond to a document request within 10 days

question

In 1980, responding to cries that businesses, individuals, and state and local governments were being swamped by federal demands for paperwork, Congress enacted the _____________________.

answer

Paperwork Reduction Act

question

Which of the following was the first federal agency created?

answer

The Interstate Commerce Commission

question

The concept that Congress can delegate power to an agency is known as the _____________ doctrine.

answer

delegation

question

Which statement is a fair criticism of the legitimacy of administrative lawmaking?

answer

The industries regulated often capture the agencies that are supposed to regulate them.

question

Which case dealt with the problem of "byssinosis"?

answer

American Textile Manufacturers v. Donovan

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