law 300 chapter 17

The primary tool for local, state, and federal governments use to perform regulatory functions
is the:

According to the Supreme Court, what is one of the most significant legal trends of the last
century:

Congress created the first regulatory agency in 1887. It was called the:

The Interstate Commerce Commission was the:

The first modern federal regulatory agency was created in 1887 to regulate:

The Federal Trade Commission handles:

A major notable expansion in administrative agencies came during which period:

Among the significant agency(s) created during the 1930s were:

An agency created during the late 1960s or early 1970s is:

A(n) ____ is an authority of the government, other than a legislature or a court, created to
administer a particular law.

Administrative agencies are generally created by:

An administrative agency is usually:

About how many federal agencies share the responsibility for regulating various aspects of
business activity?

Congress gives an agency power and authority through a(n):

A legislative delegation:

A federal law passed by Congress granting powers to an agency is called:

An enabling statute is a(n):

Congress grants to an agency the power to perform regulatory functions. A statute delegating
power to an agency is called:

A(n) ____ is a statute delegating to an agency the powers to formulate, implement, and enforce
policy relevant to its area of authority.

Enabling statutes are also sometimes called:

Organic statue is another term for:

Administrative agencies are often created by Congress because:

Administrative agencies are created when:

If Congress is not satisfied with the way an administrative agency is performing it:

The branch of law that consists of legal rules that define the authority and structure of
hundreds of administrative agencies is known as:

The primary source(s) of administrative law include(s):

Which of the following is a primary source of administrative law:

The primary structure of administrative law is determined by the:

The primary purpose of the Administrative Procedures Act is:

Enacted by Congress in 1946, the ____ defines the procedural rules and formalities for federal
agencies.

Regulatory agencies engage in rulemaking. This authority comes primarily from:

Congress has authority to create regulatory agencies and give them powers to enact rules
under which clause(s) of the Constitution:

Administrative agencies engage in rulemaking to:

An agency develops materials that help those regulated understand what they are required to
do to comply with the law through the process of:

Which of the following is a form of rulemaking for an agency:

Substantive (legislative) rules issued by agencies are:

Administrative laws with the same force of law as statutes enacted by Congress are:

Which classification of administrative laws have the same force of law as statues enacted by
Congress:

Which classification of administrative laws results in a rule being a federal law:

When an agency issues a substantive rule, it is generally required by the APA to:

Interpretative rules issued by administrative agencies are:

____are statements issued by an agency to provide its staff and the public with guidance
regarding the interpretation of a substantive rule or a congressional statute.

In contrast to legislative rules, interpretative rules are:

Congress authorizes the EPA to regulate air quality by reducing emissions from gasoline
engines. The EPA immediately bans gas engines issues such a regulation. The new regulation is
probably:

Procedural rules issued by administrative agencies are:

The details of an agency's structure and how it operates internally are covered in:

____ detail an agency's structure and describe its method of operation and its internal
practices.

Which classification of administrative rules are usually the most important:

When an agency proposes a legislative (substantive) rule it must publish it for public inspection
in the:

When an administrative agency engages in rulemaking, it must first publish the proposed
legislative rule, then it must:

The usual public comment period for substantive rules is:

During a formal rulemaking process, an agency may:

If a statute requires that administrative rule making must be "on the record" then the agency:

Who ensures that an agency has not exceeded its authority or violated proper procedure in
issuing a final rule:

In Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., where the EPA's "bubble
rule" for measuring pollution from an industrial facility was challenged, the Supreme Court held
that:

The Environmental Protection Agency has rules about the amount of chemicals that may be
emitted into the air. If a factory emits a chemical and the EPA wants to know if the emissions are
within legal limits, the EPA may:

The Environmental Protection Agency could require a company subject to its regulations
concerning pollution emissions to do all of the following except:

Agencies with statutory authority to require businesses to provide information may do which of
the following:

Administrative agencies enforce regulations by doing which of the following:

Businesses have contested fines resulting from regulations that require mandatory self-
reporting of data. They contended that self-reporting of violations violated the Fifth Amendment
prohibition against self-incrimination. The Supreme Court has ruled that:

Suppose EPA requires polluters to report compliance with air pollution emission regulations.
Which of the following statements could be true, given the power EPA is likely to have:

Testing by the EPA for excessive air pollution emissions is an example of acquiring information
by:

Conducting an on-the-spot worksite safety inspection by OSHA inspectors is an example of
acquiring information by:

If evidence of regulatory violations can be obtained from observations made in areas the public
has access to:

Observations of regulatory violations made from areas open to the public are known as:

In Dow Chemical Co. v. U.S., where the EPA took aerial photographs of a Dow plant to see if
the plant produced too much pollution, the Supreme Court held that:

A legal instrument that directs the person receiving it to appear at a specified time and place to
testify or to produce documents is a(n):

Administrative agencies may issue subpoenas to obtain business documents that agencies need
for law enforcement. Subpoenas may:

When federal agencies sue to enforce regulations, depending on the authority the agency has
been granted by Congress, the agency:

Which department usually handles the prosecution of criminal cases that are heard in federal
court when an agency brings criminal charges against a party:

As agency regulatory activities have expanded, agencies have relied more heavily on:

Suppose an agency inspector, such as an OSHA safety inspector, discovers an apparent
violation of a regulation at a business being inspected:

Informal agency procedures may include:

In Black Beauty Coal Co. v. Federal Mine Safety and Health Review Commission, where
a coal mine inspector believed a situation created a fire hazard for which he issued a "high
negligence" citation that the company contested. The appeals court held that:

In Invention Submission v. Rogan, the Patent and Trademark Office (PTO) used a testimonial
from a client of Invention Submission (IS) as an example of someone who felt abused by a patent-
marketing scheme. IS had not been convicted of wrongdoing so it sued the PTO for violating the
Administrative Procedure Act (APA) by using that example in its advertising campaign about patent-
marketing scams. The appeals court held that the PTO's campaign:

If a business is unhappy with an agency sanction resulting from informal procedures it:

If a business is still unhappy with an agency's final decision after it has been reviewed by the
agency head it:

In reviewing informal agency procedures, the courts are generally most concerned about:

The administrative agency equivalent to a court trial is:

Among the formal procedures used by most regulatory agencies are quasi-judicial powers,
especially:

A(n) ____ is a formal agency process under APA rules, which are similar to those followed in a
trial.

Adjudicatory hearings are initiated by:

Some administrative agency investigations lead to a formal complaint being filed against a
business. This may result in a trial heard by an administrative law judge (ALJ). ALJs are:

An adjudicatory hearing at a regulatory agency will be presided over by an Administrative Law
Judge or ALJ. An ALJ is a:

In an adjudicatory hearing a(n) ____ presides over the hearing.

During a hearing at an administrative agency to determine if the law has been violated the
agency is represented by its:

In a hearing at an administrative agency to determine if the law has been violated, the agency's
____ presents the agency's evidence in support of the complaint.

In a hearing at an administrative agency, to determine if the law has been violated:

In a hearing at an administrative agency, to determine if the law has been violated:

There is no right to trial by jury in a hearing at an administrative agency to determine if the
law has been violated because:

Unlike with cases heard in a federal courtroom, the administrative law judge presiding over a
hearing at an administrative agency:

The appeal process that serves as an external check on agency power is known as:

____ ensures that agencies follow required procedures, do not go beyond the authority granted
them by Congress, can justify their actions, and respect constitutional rights.

Five procedural requirements for judicial review of a challenge to an agency decision are:

Which of these is not a procedural requirement for judicial review of an agency decision:

Which of these is not a procedural requirement for judicial review of an agency decision:

The procedural requirement of ____ requires that the complaining party may seek judicial
review only in courts that have power to hear the case.

In Japan, as compared to the U.S., administrative agencies exert:

Which of the following is a way that Japanese agencies may use to exert regulatory authority
over businesses:

Which of the following is a way that Japanese agencies may use to exert regulatory authority
over businesses:

The procedural requirement of ____ requires that an appellate court has the ability to
reconsider an agency decision to determine whether correction or modification is needed.

The procedural requirement of ____ requires that a party seeking judicial review must
demonstrate that it incurred an injury recognized by law as a result of the agency's action.

In Lujan v. Defenders of Wildlife, where foreign aid decisions of the U.S. government were
challenged as a violation of the Endangered Species Act, because the Nile crocodile in Egypt could
be harmed, the Supreme Court held:

In Summers v. Earth Island Institute, where the decision of the Forest Service to sell burned
timber on 238 acres without preparing an environmental impact statement or formal notice of the
sale was challenged as a violation of the Forest Service Decisionmaking and Appeals Reform Act, the
Supreme Court held that since the:

The procedural requirement of ____ requires that there can be no judicial review until the
agency's decision is final so that the court will have the final issues in the case before it and not
hypothetical questions or unresolved disputes.

The procedural requirement of ____ requires that a party seeking judicial review must have
sought relief through all possible agency appeal processes before seeking review by the courts.

Loraine wants to sue the Federal Aviation Administration because she thinks the local airport is
too noisy and improperly operated. She has completed all administrative channels and reviews.
Loraine should file her suit:

When Congress grants courts the ability to review administrative actions, it may:

Courts may not review agency actions if:

Congress can prohibit certain judicial review as long as the exception:

If a federal agency issues a new regulation, it may:

A person who wishes to bring a complaint against another person or business for violation of a
statute administered by a federal agency must first:

The ____ prevents unnecessary lawsuits by giving the agency the full chance to get the decision
right.

In a case involving judicial review of an administrative agency's decision, the court's ____
determines how far it can go in examining the action.

The courts generally will not find that an agency's decisions are arbitrary, capricious, or an
abuse of discretion if:

The courts generally will not find that an agency's decisions are arbitrary, capricious, or an
abuse of discretion if:

The courts generally will not find that an agency's decisions are arbitrary, capricious, or an
abuse of discretion if the following conditions are met except:

The court's review of an agency's statutory interpretation is generally afforded:

The aspects of agency actions given the most intense scope of review by the courts are:

When a court reviews the way an agency interprets a statute, it will use which scope of judicial
review:

In addition to being checked by judicial review, administrative agencies are also checked by:

The most immediate control mechanism enjoyed by Congress for regulating administrative
agencies is the ability to control agency activity through:

An administrative agency's final budget must be agreed on by:

Presidents use ____ to instruct administrative agencies to undertake certain tasks.

Under the ____ if scientific, technical, and economic information standards are not met in
analyses done to support administrative agency regulations, affected parties may challenge a
regulation for not being supported by adequate analysis.

The ____ makes most documents held by federal agencies available to the public.

A federal agency collects documents in its law enforcement activities. Except for trade secrets,
these documents are:

The ____ requires that unless an exception applies, notice and prior consent are required before
an agency can disclose information that concerns and identifies an individual.

The purpose of the Government in the Sunshine Act is to:

Which of the following is a provision of the Government in the Sunshine Act?