FIU BUL 6810 quiz 6

Question 1

1. ________ has been called the lifeblood of administrative agencies.

   		Rule making
   		Administrative adjudication
   		Informal discretionary action
   		Policy

5 points

Question 2

1. Statutes and agency rules often provide that courts performing judicial review of agency action may not rule on which of the following issues?

   		issues raised with the agency and won.
   		issues raised with the agency and lost.
   		issues raised with the lower courts and lost.
   		issues not raised with the agency.

5 points

Question 3

1. Which of the following is false regarding the Dodd-Frank Wall Street Reform and Consumer Protection Act?

   		Dodd-Frank will bring about a multi-tier system of banks in which the larger banks are highly regulated but the smaller community banks are not.
   		Dodd-Frank created the Financial Stability Oversight Council.
   		Dodd-Frank significantly curtailed certain powers of the Federal Reserve Board.
   		Dodd-Frank consolidated the Securities and Exchange Commission and the Commodity Futures Trading Commission into one agency.

5 points

Question 4

1. Which of the following is true regarding review of agency procedures?

   		Agency procedures are not required to conform to the requirements of the Due Process Clause.
   		Federal courts set agency procedures.
   		A court may require that an agency comply with its own procedural rules.
   		Both that federal courts set agency procedures and that a court may require that an agency comply with its own procedural rules.

5 points

Question 5

1. Officials of the town of Sunnyville were concerned about the number of dogs running loose. They set up a new administrative agency called "Dog Control." The new agency issued a regulation that all dogs must be on leash in public. Tony who had moved to Sunnyville in the previous month did not own a dog and had no plans to get one. He, however, thought the regulation was outrageous and decided to sue on the basis that it was not validly enacted. Mona, another resident, was also concerned about the law. She rents a home with a fence in the backyard that was in public view. She was concerned that the regulation would be applied to her dogs while in the fenced area. She decided to bring a preemptive strike and sue the city for revocation of the regulation before the city could sue her. Both Tony and Mona rush to file suit before the city has a chance to take any action to enforce the new rule. Of the following arguments, which is the best for the city to raise in the lawsuit brought by Mona?

   		That courts have no authority to determine the validity of agency regulations.
   		That the issue is nor ripe for determination.
   		That Mona must be a property owner in the jurisdiction in order to challenge the agency regulation.
   		That Mona is guilty of self incrimination.

5 points

Question 6

1. Which of the following agencies was created following the terrorist attacks of September 11, 2001, to be responsible for civilian aspects of national security?

   		The Stateside Protection Commission
   		The Department of Homeland Security
   		The Department for Protection of Civilians
   		The Critical Civilian Defense and Protection Agency

5 points

Question 7

1. Which of the following is exempt from the Administrative Procedure Act's requirement that the public be given notice and an opportunity to comment before a federal agency can promulgate a rule?

   		Rules of agency procedure
   		General statements of policy
   		Both rules of agency procedure and general statements of policy
   		There are no exemptions from the notice and comment requirements

5 points

Question 8

1. Bruce had a disagreement with a new federal agency set up to give additional funds for college to individuals with an aptitude for math. After a hearing, the agency determined that Bruce had no aptitude for math and that he would not receive any funding. Bruce, however, was not discouraged. He told his friend Laura, who just graduated from law school, that he would simply appeal the decision to federal court, have the judge do a fresh review, and provide additional information to the judge regarding his math aptitude that the agency did not have. He feels certain that he will win at the federal court level. What should Laura tell Bruce regarding his plan to provide additional evidence to the federal court judge?

   		That his plan is a good one and that the judge will consider the additional evidence.
   		That judicial review will likely be confined to the record compiled before the agency.
   		That he will only be allowed to present sworn affidavits for additional judicial review.
   		That he will only be allowed to present additional test scores for additional judicial review. Fact Pattern 6-2 (Questions 33-34 apply) Officials of the town of Sunnyville were concerned about the number of dogs running loose. They set up a new administrative agency called "Dog Control." The new agency issued a regulation that all dogs must be on leash in public. Tony who had moved to Sunnyville in the previous month did not own a dog and had no plans to get one. He, however, thought the regulation was outrageous and decided to sue on the basis that it was not validly enacted. Mona, another resident, was also concerned about the law. She rents a home with a fence in the backyard that was in public view. She was concerned that the regulation would be applied to her dogs while in the fenced area. She decided to bring a preemptive strike and sue the city for revocation of the regulation before the city could sue her. Both Tony and Mona rush to file suit before the city has a chance to take any action to enforce the new rule.

5 points

Question 9

1. Officials of the town of Sunnyville were concerned about the number of dogs running loose. They set up a new administrative agency called "Dog Control." The new agency issued a regulation that all dogs must be on leash in public. Tony who had moved to Sunnyville in the previous month did not own a dog and had no plans to get one. He, however, thought the regulation was outrageous and decided to sue on the basis that it was not validly enacted. Mona, another resident, was also concerned about the law. She rents a home with a fence in the backyard that was in public view. She was concerned that the regulation would be applied to her dogs while in the fenced area. She decided to bring a preemptive strike and sue the city for revocation of the regulation before the city could sue her. Both Tony and Mona rush to file suit before the city has a chance to take any action to enforce the new rule. Which of the following is the best defense the city has against the lawsuit brought by Tony?

   		That Tony lacks standing to sue.
   		That courts have no authority to determine the validity of agency rules.
   		That Tony lacks permission of the agency to sue since authorization of the agency is required prior to a lawsuit challenging the validity of an agency regulation.
   		That Tony has not lived in the jurisdiction for at least a year since residence in the jurisdiction for at least a year is required in order to challenge the validity of a local regulation.

5 points

Question 10

1. Which of the following was the result in Comcast Corp. v. FCC, the case in the text addressing whether the FCC has the authority to regulate in Internet service provider's network management practices?

   		The court struck down the order of the FCC at issue because the FCC had failed to provide the public sufficient time in which to comment.
   		The court struck down the order of the FCC at issue because the FCC failed to allow all parties due process protection in relation to a hearing.
   		The court struck down the order of the FCC at issue because it was not reasonably ancillary to the Commission's statutorily mandated duties.
   		The court upheld the FCC's action and order.

5 points

Question 11

1. ________ by administrative agencies provide a practical decision-making process for repetitive, frequent actions that are inappropriate to litigate in courts.

   		De novo decisions
   		Informal discretionary actions
   		Formal rule making
   		Informal rule making

5 points

Question 12

1. Federal administrative agencies are normally created by

   		Congress
   		the President
   		the Supreme Court
   		the United States Constitution

5 points

Question 13

1. Which of the following is not exempt from a Freedom of Information Act request?

   		records related solely to the internal personnel rules and practice of an agency.
   		reports prepared by Congress regarding the regulation of an agency.
   		trade secrets or confidential commercial and financial information.
   		information compiled for law enforcement purposes.

5 points

Question 14

1. Which of the following was the result in Baur v. Veneman, the case in the text in which the plaintiff sued complaining about the Secretary of Agriculture's policy of certain downed cattle to be used for human consumption on the basis that it increased the risk of contracting mad cow disease?

   		That the plaintiff lacked standing to challenge the practice because he had not sustained direct injury.
   		That the plaintiff lacked standing to challenge the practice because he was not a beef producer.
   		That the plaintiff had standing to sue because he had alleged a credible threat of harm.
   		That the plaintiff had standing to sue because he had presented substantial proof of verifiable emotional distress that he had already sustained.

5 points

Question 15

1. Which of the following would a comment letter to an agency generally not contain?

   		Identification of the person concerned
   		An explanation of why the person making the comment is concerned
   		A suggestion of a specific change to the rule along with factual information to support the position asserted
   		An itemization of expected damages

5 points

Question 16

1. What was the result in Ragsdale v. Wolverine World Wide, involving whether the Department of Labor could validly institute a regulation giving an employee the right to an additional twelve weeks of family or medical leave if the employer failed to notify the employee that the twelve weeks of leave provided by the Family and Medical Leave Actran concurrently with the thirty weeks of paid disability leave provided by the employer?

   		The U.S. Supreme Court invalidated the regulation because it granted entitlements not set forth in the Family and Medical Leave Act and that were inconsistent with the purpose of the Act.
   		The U.S. Supreme court upheld the regulation as a valid exercise of the Department of Labor's power.
   		The U.S. Supreme Court invalidated the regulation because it had not first been approved by a federal judge and also because it granted entitlements not set forth in the Family and Medical Leave Act.
   		The U.S. Supreme Court invalidated the regulation because it had not first been approved by the executive branch.

5 points

Question 17

1. Bruce had a disagreement with a new federal agency set up to give additional funds for college to individuals with an aptitude for math. After a hearing, the agency determined that Bruce had no aptitude for math and that he would not receive any funding. Bruce, however, was not discouraged. He told his friend Laura, who just graduated from law school, that he would simply appeal the decision to federal court, have the judge do a fresh review, and provide additional information to the judge regarding his math aptitude that the agency did not have. He feels certain that he will win at the federal court level. Assuming the decision by the administrative agency was a factual finding, what should Laura tell Bruce regarding the standard of review the administrative agency will likely apply?

   		That the agency will likely apply a de novo, or new, review.
   		That the agency will likely apply an arbitrary and capricious standard in any review.
   		That the agency will likely apply a substantial evidence standard in any review.
   		That the agency will likely apply a preponderance of the evidence standard in any review.

5 points

Question 18

1. A court will require an agency to comply with its own procedural rules and thus conform to the

   		due process clause
   		Seventh Amendment
   		both the due process clause and the Seventh Amendment
   		neither the due process clause nor the Seventh Amendment

5 points

Question 19

1. Which of the following presides over formal agency adjudications at the federal level?

   		An administrative law judge
   		A federal magistrate
   		A federal district judge
   		A judicial commissioner

5 points

Question 20

1. The protection of the ________ Amendment against unreasonable searches and seizures has been largely obliterated by the courts in the area of administrative law.

   		First
   		Fourth
   		Fifth
   		Seventh