question
What are the three types of power that administrative agencies use to do the work assigned to them?
answer
make rules, investigate, adjucate
question
Agencies promulgate two types of rules _________
answer
legislative and interpretive
question
Congress passes a statute making it illegal for amusement parts to capture young wild sea mammals for display. An administrative agency promulgates a rule forbidding amusement parks from separating sea mammals born at the park from their mothers for more than an hour until the baby is at least three years old. The agency rule is an example of _________
answer
legislative rule
question
legislative rule
answer
Requires businesses or private citizens to act a certain way - much like statutes
question
Subpoena duces tecum
answer
requires a person to produce certain documents or things
question
Interpretive rule
answer
An explanation or clarification of what the law already requires
question
Subpoena
answer
An order to appear at a particular time and place to provide evidence
question
Promulgate
answer
To make a new rule or law
question
What part of the U.S. government is so influential that it has been referred to as its forth branch?
answer
administrative agencies
question
Administrative agencies were created to respond to the need for ______
answer
regulation
question
What are three limits on the information any agency may seek during its investigation?
answer
burden, relevance, privilege
question
Most adjudications begin with a hearing before an administrative law judge and no jury. (true/false)
answer
true
question
Why are courts unable to take on the reponsibilites of administrative agencies?
answer
Because the role of the courts is to decide individual cases, not regulate industries
question
Administrative agencies provide expertise and flexibility, but their power and influence is controversial because ______
answer
agency members are not elected by the people
question
Administrative agencies exist at both the federal, state and local level. (true/false)
answer
true
question
What are three tasks typically carried out by enabling legislation?
answer
establishing an agency, defining an agency's powers, describing the problems that Congress believes need to be addressed by regulations
question
_____ is a process in which an agency holds a ______ hearing before it promulgates rules. Opponents of rule may _____ against the rule. When the agency makes a final decision about the rule, it must prepare a _______, _____ response to everything that occurred at the hearing.
answer
formal rule making, public, cross-examine, testify, formal, written
question
Agencies require broad factual knowledge of the field they govern. To force _______, agencies sometimes use _____ and searches _____ during their ________
answer
disclosure, subpoenas, searches, investigations
question
Agencies must always obtain a warrant before seizing evidence from a company. (true/false)
answer
false
question
What are three reasons given by the Court in United States v. Biswell for permitting the agency's actions?
answer
limited threats to the dealer's privacy, unannounced inspections are essential, an urgent federal interest
question
What are three ways in which Congress influences administrative agencies?
answer
ability to amend an agency's enabling legislation, approval power over presidential nominees to head agencies, controlling the purse
question
Courts often overturn an agency's interpretation of the law. (true/false)
answer
false
question
Erica owns a waterfront home in South Carolina, and is interested to know what information South Carolina has about her property and her tax obligations. May Erica use the Freedom of Information Act (FOIA) to obtain this information?
answer
No. FOIA may not be used to obtain information from state governments
Order an Essay Now & Get These Features For Free:
Turnitin Report
Formatting
Title Page
Citation
Outline
