Worksheet 23.1: The Practical Significance of Administrative Law & Agency Creation and Powers

question

1. When Congress wants to regulate an issue, it most often passes very detailed regulations so that there are no questions about its intent.

answer

False

question

2A Independent regulatory agencies

answer

agencies that work under the direction of congress and whose officers serve for fixed terms

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2B Executive agencies

answer

agencies that exist within the cabinet department and report to the president

question

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

answer

c. executive agencies are subject to the authority of the president to a greater degree than independent regulatory agencies

question

4. Federal administrative agencies are created:

answer

b. by enabling legislation

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5A Delegation Doctrine

answer

a constitutional rule that allows congress to give some of its agencies

question

5B Legislative Rules

answer

agency rules that affect substantive legal rights and carry the same weight as congressionally enacted statutes

question

5C Interpretive Rules

answer

agency rules that declare polices or explain agency positions but do not establish any legal rights or obligations

question

5D Bureaucracy

answer

the large, hierarchical, organizational structure that allows for specialization and is supposed to increase efficiency

question

6. Administrative agencies sometimes are referred to as the ___ branch of government.

answer

fourth

question

The ___ is the law that specifies the procedural requirements that all federal agencies must follow in their rulemaking, adjudication, and other functions.

answer

Administrative Procedures Act

question

According to the APA, courts should ___ agency actions that are found to be ___ , ___ or an abuse of ___ .

answer

set aside, arbitrary, capricious, discretion

question

9. When assessing whether an agency action was arbitrary or capricious, courts generally look at several factors, including whether the agency failed to provide a ____ explanation for its decision; changed its prior policy without ___ ; considered legally ___ factors; failed to consider a ___ fact; or made a decision ___ to the evidence.

answer

rational, jurisdiction, inappropriate, relevant, contrary

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10. In addition to making decisions that are not arbitrary and capricious, agencies must give fair ___ to those affected by its regulations.

answer

notice

1 of 14

question

1. When Congress wants to regulate an issue, it most often passes very detailed regulations so that there are no questions about its intent.

answer

False

question

2A Independent regulatory agencies

answer

agencies that work under the direction of congress and whose officers serve for fixed terms

question

2B Executive agencies

answer

agencies that exist within the cabinet department and report to the president

question

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

answer

c. executive agencies are subject to the authority of the president to a greater degree than independent regulatory agencies

question

4. Federal administrative agencies are created:

answer

b. by enabling legislation

question

5A Delegation Doctrine

answer

a constitutional rule that allows congress to give some of its agencies

question

5B Legislative Rules

answer

agency rules that affect substantive legal rights and carry the same weight as congressionally enacted statutes

question

5C Interpretive Rules

answer

agency rules that declare polices or explain agency positions but do not establish any legal rights or obligations

question

5D Bureaucracy

answer

the large, hierarchical, organizational structure that allows for specialization and is supposed to increase efficiency

question

6. Administrative agencies sometimes are referred to as the ___ branch of government.

answer

fourth

question

The ___ is the law that specifies the procedural requirements that all federal agencies must follow in their rulemaking, adjudication, and other functions.

answer

Administrative Procedures Act

question

According to the APA, courts should ___ agency actions that are found to be ___ , ___ or an abuse of ___ .

answer

set aside, arbitrary, capricious, discretion

question

answer

rational, jurisdiction, inappropriate, relevant, contrary

question

10. In addition to making decisions that are not arbitrary and capricious, agencies must give fair ___ to those affected by its regulations.

answer

notice

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