Question 1

A consent order is .

Accepted Answer

A)   an agreement on the part of a company to accept a particular administrative action or remedy imposed by an agency, after having admitted guilt
B)   a court order issued by a federal district court requiring that a business cease to engage in a particular behavior
C)   an agreement by a business to stop an activity an administrative agency alleges to be unlawful and to accept the remedy the agency imposes, without having to accept guilt
D)   a court order issued by a federal appellate court ordering a federal district court to supervise an administrative agency's behavior

Question 2

Which of the following statements is true of the Financial Services Authority (FSA)  of the United Kingdom?

Accepted Answer

A)   It is a governmental body whose board of directors is appointed by the president.
B)   It oversees transactions and demands ethical and legal conduct from firms.
C)   It utilizes government funding that must be approved by the British Parliament.
D)   It has to coordinate with other governmental bodies to regulate trading exchanges.

Question 3

Which of the following refers to the power delegated by the U.S. Congress to an administrative agency to investigate whether the rules enacted by the agency have been properly followed by businesses and individuals?

Accepted Answer

A)   executive power
B)   fiduciary power
C)   legislative power
D)   judicial power

Question 4

Preponderance of the evidence is a legal standard whereby a bare majority of the evidence is sufficient to justify a ruling.

Accepted Answer

A) True 
 B)False

Question 5

The authority of administrative agencies is limited by the legislative branch through the power of the .

Accepted Answer

A)   U.S. Congress to terminate an agency
B)   U.S. Congress to appoint administrative law judges
C)   U.S. president to remove the heads of the agencies
D)   Office of Management and Budget to recommend a fiscal-year budget for each agency

Question 6

A formal rulemaking by an administrative agency is appropriate when an agency's enabling legislation .

Accepted Answer

A)   or other congressional directives do not require another form
B)   states that all rules must be enacted by the agency as part of a formal hearing process that includes a complete transcript
C)   or other congressional directives state that the agency must promulgate regulations
D)   provides an opportunity for all interested parties to submit written comments B

Question 7

Which of the following refers to the power delegated by the U.S. Congress to an administrative agency to adjudicate cases through an administrative proceeding?

Accepted Answer

A)   executive power
B)   fiduciary power
C)   legislative power
D)   judicial power

Question 8

Which of the following statements is true about administrative law judges?

Accepted Answer

A)   They can serve for a period of up to 10 years.
B)   They usually come from within the federal administrative bureaucracy.
C)   They are appointed by the U.S. Supreme Court.
D)   They are appointed by governors in the respective states and confirmed by the Senate.

Question 9

The National Labor Relations Board (NLRB) is informed that Verdure Industries, a candle manufacturer, is violating a few labor laws of the United States. What steps should the NLRB take in this case?

Accepted Answer

In carrying out its adjudicative functio...

Question 10

Explain the reasons for the rapid growth of administrative agencies in the United States.

Accepted Answer

Administrative agencies have proliferate...

Question 11

Explain how the power of administrative agencies is limited by the executive branch of the government.

Accepted Answer

The power of administrative agencies is ...

Question 12

A rule that governs the internal processes of an administrative agency is called a(n)  .

Accepted Answer

A)   substantive rule
B)   internal law
C)   procedural rule
D)   executive law

Question 13

Agency heads and commissions are required to defer to an administrative law judge's factual findings.

Accepted Answer

A) True 
 B)False

Question 14

Explain the legislative, executive, and judicial powers delegated to administrative agencies through enabling legislation.

Accepted Answer

The U.S. Congress creates federal administrative agencies through statutes called enabling legislation. In general, an enabling statute delegates to the agency congressional legislative power for the purpose of serving the "public interest, convenience, and necessity." Armed with this mandate, the administrative agency can issue rules that control individual and business behavior. In many instances, such rules carry criminal as well as civil penalties. The enabling statute also delegates executive power to the agency to investigate potential violations of rules or statutes. Finally, the enabling statutes delegate judicial power to the agency to settle or adjudicate any disputes it may have with businesses or individuals. For example, the Securities and Exchange Commission (SEC), using its congressional mandate under the 1933 and 1934 Securities Acts, has prescribed rules governing the issuance of, and trading in, securities by businesses as well as by brokers and underwriters. Administrative law judges assigned to the SEC adjudicate cases in which individuals or corporations may have violated the rules.

Question 15

Which of the following best defines a preponderance of the evidence?

Accepted Answer

A)   It is a legal standard which transfers the right to adjudicate to a Supreme Court judge.
B)   It is a legal standard that places the burden of proving the facts of the case on one party.
C)   It is a legal standard whereby the evidence is in favor of one party.
D)   It is a legal standard whereby a bare majority of the evidence is sufficient to justify a ruling.

Question 16

The wide-ranging investigative powers of Securities and Exchange Commission (SEC)  staff is an example of the SEC's power.

Accepted Answer

A)   judicial
B)   legislative
C)   executive
D)   fiat

Question 17

Agencies are exempted from holding open hearings when proceedings concern military matters or foreign affairs.

Accepted Answer

A) True 
 B)False

Question 18

In what decade did the Administrative Procedure Act become law?

Accepted Answer

A)   1920s
B)   1930s
C)   1940s
D)   1960s

Question 19

Functions of administrative agencies include all but which of the following?

Accepted Answer

A)   rulemaking
B)   mediation of private disputes
C)   informal advising of individual businesses and consumers
D)   issuance of guidelines for the business community and others as to what activities are legal in the eyes of agency staff

Question 20

In the United States, banks are regulated by the Financial Services Authority (FSA).

Accepted Answer

A) True 
 B)False  False

Exam 18: The Law of Administrative Agencies

A consent order is .

Correct Answer
verified

Which of the following statements is true of the Financial Services Authority (FSA) of the United Kingdom?

Correct Answer
verified

Which of the following refers to the power delegated by the U.S. Congress to an administrative agency to investigate whether the rules enacted by the agency have been properly followed by businesses and individuals?

Correct Answer
verified

Preponderance of the evidence is a legal standard whereby a bare majority of the evidence is sufficient to justify a ruling.

Correct Answer
verified

The authority of administrative agencies is limited by the legislative branch through the power of the .

Correct Answer
verified

A formal rulemaking by an administrative agency is appropriate when an agency's enabling legislation .

Correct Answer
verified
B

Which of the following refers to the power delegated by the U.S. Congress to an administrative agency to adjudicate cases through an administrative proceeding?

Correct Answer
verified

Which of the following statements is true about administrative law judges?

Correct Answer
verified

The National Labor Relations Board (NLRB) is informed that Verdure Industries, a candle manufacturer, is violating a few labor laws of the United States. What steps should the NLRB take in this case?

Correct Answer
verified
In carrying out its adjudicative functio...
View Answer

Explain the reasons for the rapid growth of administrative agencies in the United States.

Correct Answer
verified
Administrative agencies have proliferate...
View Answer

Explain how the power of administrative agencies is limited by the executive branch of the government.

Correct Answer
verified
The power of administrative agencies is ...
View Answer

A rule that governs the internal processes of an administrative agency is called a(n) .

Correct Answer
verified

Agency heads and commissions are required to defer to an administrative law judge's factual findings.

Correct Answer
verified

Explain the legislative, executive, and judicial powers delegated to administrative agencies through enabling legislation.

Which of the following best defines a preponderance of the evidence?

Correct Answer
verified

The wide-ranging investigative powers of Securities and Exchange Commission (SEC) staff is an example of the SEC's power.

Correct Answer
verified

Agencies are exempted from holding open hearings when proceedings concern military matters or foreign affairs.

Correct Answer
verified

In what decade did the Administrative Procedure Act become law?

Correct Answer
verified

Functions of administrative agencies include all but which of the following?

Correct Answer
verified

In the United States, banks are regulated by the Financial Services Authority (FSA).

Correct Answer
verified
False

Exam 18: The Law of Administrative Agencies

A consent order is .

Correct AnswerverifiedShow Answer

Which of the following statements is true of the Financial Services Authority (FSA) of the United Kingdom?

Correct AnswerverifiedShow Answer

Which of the following refers to the power delegated by the U.S. Congress to an administrative agency to investigate whether the rules enacted by the agency have been properly followed by businesses and individuals?

Correct AnswerverifiedShow Answer

Preponderance of the evidence is a legal standard whereby a bare majority of the evidence is sufficient to justify a ruling.

Correct AnswerverifiedShow Answer

The authority of administrative agencies is limited by the legislative branch through the power of the .

Correct AnswerverifiedShow Answer

A formal rulemaking by an administrative agency is appropriate when an agency's enabling legislation .

Correct AnswerverifiedB

Which of the following refers to the power delegated by the U.S. Congress to an administrative agency to adjudicate cases through an administrative proceeding?

Correct AnswerverifiedShow Answer

Which of the following statements is true about administrative law judges?

Correct AnswerverifiedShow Answer

The National Labor Relations Board (NLRB) is informed that Verdure Industries, a candle manufacturer, is violating a few labor laws of the United States. What steps should the NLRB take in this case?

Correct AnswerverifiedIn carrying out its adjudicative functio...View AnswerShow Answer

Explain the reasons for the rapid growth of administrative agencies in the United States.

Correct AnswerverifiedAdministrative agencies have proliferate...View AnswerShow Answer

Explain how the power of administrative agencies is limited by the executive branch of the government.

Correct AnswerverifiedThe power of administrative agencies is ...View AnswerShow Answer

A rule that governs the internal processes of an administrative agency is called a(n) .

Correct AnswerverifiedShow Answer

Agency heads and commissions are required to defer to an administrative law judge's factual findings.

Correct AnswerverifiedShow Answer

Explain the legislative, executive, and judicial powers delegated to administrative agencies through enabling legislation.

Which of the following best defines a preponderance of the evidence?

Correct AnswerverifiedShow Answer

The wide-ranging investigative powers of Securities and Exchange Commission (SEC) staff is an example of the SEC's power.

Correct AnswerverifiedShow Answer

Agencies are exempted from holding open hearings when proceedings concern military matters or foreign affairs.

Correct AnswerverifiedShow Answer

In what decade did the Administrative Procedure Act become law?

Correct AnswerverifiedShow Answer

Functions of administrative agencies include all but which of the following?

Correct AnswerverifiedShow Answer

In the United States, banks are regulated by the Financial Services Authority (FSA).

Correct AnswerverifiedFalse

Correct Answer
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B

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In carrying out its adjudicative functio...
View Answer

Correct Answer
verified
Administrative agencies have proliferate...
View Answer

Correct Answer
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The power of administrative agencies is ...
View Answer

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False