multiple choice questions
1. Persons who favor the creation of a National Biotech Agency to regulate the production of genetically altered agricultural products should concentrate their lobbying efforts on
b. federal administrative agencies that oversee agricultural products.
c. the United States Supreme Court.
d. the president of the United States.
2. The Securities and Exchange Commission, like other federal administrative agencies, is part of the government’s
a. administrative branch.
b. executive branch.
c. judicial branch.
d. legislative branch.
3. Congress leaves it to the Bureau of Land Management (BLM) to oversee the promulgation of detailed regulations in areas under the BLM’s jurisdiction. This is
a. divine right.
b. the delegation doctrine.
c. gap-filling power.
d. unconstitutional conduct.
4. The National Highway Traffic Safety Administration utilizes notice-and-comment rulemaking. This process begins with
a. a request to Congress to enact enabling legislation.
b. the filing of a complaint against a charged party.
c. the publication of a notice of proposed rulemaking.
d. the solicitation of public comments.
5. The Consumer Product Safety Commission issues a rule. Like the rules of other federal administrative agencies, this rule is compiled in
a. the Administrative Register of the Federal Government.
b. the Code of Federal Regulations.
c. the Federal Rules of Civil Procedure.
d. the United States Code.
6. Alpha Corporation challenges a demand by the U.S. Bureau of Immigration Services (BIS) for some of Alpha’s business records on the basis that it is too burdensome to make copies of the documents. Alpha will probably be
a. allowed to ignore the demand.
b. ordered to comply with the demand.
c. penalized by the BIS for impeding the investigation.
d. required to double the number of copies to review the challenge.
7. The Internal Revenue Service (IRS) wants to review the financial reports of Jewel Corporation. The IRS can gain access to the reports through
a. a subpoena only.
b. Jewel’s consent only.
c. Jewel’s consent or a subpoena.
d. neither Jewel’s consent nor a subpoena.
8. Dina isa witness in a controversy involving the Environmental Protection Agency. Dina can be compelled to appear before an administrative law judge if she is served with
a. an order for specific performance.
b. a rule for parol evidence.
c. a subpoena ad testificandum.
d. a subpoena duces tecum.
9. The U.S. Bureau of Alcohol, Tobacco and Firearms conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in
a. all industries.
b. highly regulated industries.
c. no industries.
d. newly regulated industries only.
10. The National Credit Union Administration (NCUA) discovers that Out-State Credit Union is violating an NCUA regulation. If this situation is resolved like most such disputes, the outcome will be
a. a negotiated settlement.
b. a trial and a fine.
c. a trial and an appeal to a higher authority.
d. a trial and the dissolution of the business.
11. The functions of the Environmental Protection Agency, like those of most administrative agencies, include
12. Regional Distributors, Inc., has been ordered to appear at a hearing before an administrative law judge of the National Labor Relations Board. A significant difference between a trial and an administrative hearing is that
a. attorneys are not allowed to attend administrative hearings.
b. clients are not allowed to communicate with their attorneys during administrative hearings.
c. hearsay can be introduced as evidence in an administrative hearing.
d. all of the above.
13. Digital Corporation wants to have a U.S. Department of Commerce regulation reviewed. Before a court will hear Digital’s request for review, the company must
a. appeal simultaneously to the agency and the court.
b. bypass all administrative remedies and appeal directly to the court.
c. exhaust all administrative remedies.
d. ignore the regulation and wait for an agency to try to enforce it.
14. In reviewing the actions of the Environmental Protection Agency and other agencies, the courts
a. are usually reluctant to review questions of fact.
b. rarely defer to the technical expertise of administrative agencies.
c. often rule on the merits of policy determinations.
d. all of the above.
15. Jay seeks information about Kim and other well-known businesspersons under the Freedom of Information Act. To obtain the information, Jay must
a. agree not to reveal any trade secrets.
b. describe the information.
c. get a court order.
d. have Kim’s and the others’ permission.
16. A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA) may be challenged in
a. a federal district court.
b. a hearing before the U.S. Freedom of Information Agency.
c. a meeting with Congress’s FOIA subcommittee.
d. a special conference with the president of the United States.
17. Closed meetings of the Federal Communications Commission and other federal administrative agencies are permitted when
a. the subject of the meeting concerns accusing a person of a crime.
b. open meetings would frustrate the implementation of future agency actions.
c. the subject of the meeting involves matters relating to future litigation or rulemaking.
d. all of the above.
18. The U.S. Social Security Administration is a federal agency. The Iowa Department of Social Services is a parallel state agency.If these agencies’ actions conflict
a. the federal agency’s actions will prevail.
b. the state agency’s actions will prevail.
c. the two agencies’ actions will be given equal weight.
d. the two agencies’ actions will cancel each other