Deck 6: Administrative Law

Question 1

After administrators are appointed and approved,it is generally difficult to remove them.

Answer 1

True

Question 2

An administrative agency is a governmental body responsible for the control and supervision of a particular activity or area of public interest.

Answer 2

True

Question 3

The insurance industry is a very simple industry.

Answer 3

False

Question 4

_______ lack(s)the time and expertise to make the necessary rules to govern the operations of complex areas of social and economic life,such as energy,taxation,transportation,environmental pollution,employee safety,and communication.

A) Legislatures
B) The judicial branch
C) Administrative agencies
D) The executive branch

Question 5

Administrative agencies rarely regulate economic matters.

Question 6

When the agency is established,the legislature usually specifies the purpose and the powers of the agency,and the actions the agency may take in carrying out the intentions of the law.

Question 7

The hearings conducted by an administrative agency provide for a jury.

Question 8

Administrative agencies customarily embody all three functions of government.

Question 9

An agency regulates economic matters such as price,entry into a particular geographical area,or entry into a particular kind of business.

Question 10

A number of critics allege that certain administrative agencies have been "captured" by the enterprises they were created to regulate.

Question 11

The executive function of the consumer protection agency includes the daily operations of the agency and the establishment of general policies and objectives.

Question 12

The legislative branch at all levels of government consists of elected representatives who have the responsibility for passing laws that do not consider the will of the people.

Question 13

In many cases,the need for specialized expertise in a given area can usually come only from the industry being regulated.

Question 14

The courts at the federal level are district courts,appeals courts,and the U.S.Supreme Court.

Question 15

The rules and regulations established by the consumer protection agency resemble the decisions reached in a court of law.

Question 16

To determine whether an administrative agency has abused its authority,the courts are guided by the statutes that established the agency and by the constitutions of the United States and the individual states.

Question 17

An administrative hearing conducted by an administrative agency is in some respects like an informal court trial.

Question 18

When the administrative agency is established,the legislature:

A) specifies the purpose and the powers of the agency.
B) does not specify the purpose and the powers of the agency.
C) determines only the powers of the agency.
D) specifies only the purpose of establishing the agency.

Question 19

Courts frequently reverse the decisions of an administrative agency.

Question 20

Each state has several levels of courts: trial courts,appeals courts,and a supreme court.

Question 21

The executive function of the Consumer Protection Agency is performed by the agency:

A) clerk.
B) supervisor.
C) superintendent.
D) director.

Question 22

The agencies outside the executive branch that are headed by groups or individuals are created by the:

A) Congress.
B) Senate.
C) President.
D) judicial branch.

Question 23

Interpretation and determination of violations of the law is the function of:

A) the legislative branch of a government.
B) the judicial branch of a government.
C) the executive branch of a government.
D) none of the three branches of government.

Question 24

If a merchant refuses to appear before an administrative agency hearing:

A) his or her ?license cannot be granted.
B) his or her ?license can be revoked.
C) his or her ?license cannot be revoked.
D) criminal punishment can be given to him or her.

Question 25

In many respects,administrative agencies are like governments within a government because they combine:

A) legislative, executive, and judicial functions.
B) legislative, appellate, and judicial functions.
C) executive, electoral, and judicial functions.
D) legislative, executive, and appellate functions.

Question 26

The legislative branch of government is made up of:

A) appointed officials.
B) elected representatives.
C) equal numbers of all political parties.
D) community leaders.

Question 27

To determine whether an administrative agency has abused its authority,the courts are guided by the statutes that established the agency and by the Constitution of the United States and the:

A) constitutions of the individual states.
B) United Nations.
C) International Court of Justice.
D) executive orders issued by the senators of each state.

Question 28

The hearings conducted by an administrative agency do not provide for:.

A) a judge.
B) media.
C) a jury
D) litigators.

Question 29

The judicial branch of government determines if:

A) there is a need for amendment in the legislation.
B) there have been violations of the law.
C) the law is being enforced.
D) the legislatures' intention is wrong.

Question 30

The voter has the opportunity to vote the executive into and out of office at:

A) regulatory agencies.
B) administrative agencies.
C) only one level of the government.
D) all three levels of the government.

Question 31

There are ___________general patterns in the executive organization of an administrative agency.

A) one
B) two
C) three
D) four

Question 32

Administrative agencies:

A) exist only at the federal level of government.
B) do not exist at the federal level of government.
C) exist at all levels of government.
D) exist only at the state level of government.

Question 33

The designation not elected by the voters in the Consumer Protection Agency is the:

A) president.
B) governor.
C) mayor.
D) secretary.

Question 34

The branch of the government that frequently delegates to administrative agencies some of their lawmaking authority is the:

A) legislative.
B) executive.
C) state judiciary.
D) federal judiciary.

Question 35

The question of whether a legislature could delegate to an administrative agency the authority to function as judge in certain matters was settled in the case of:

A) Bertha v. Crowell.
B) Crowell v. Countrywide Home Loans, Inc.
C) Crowell v. Benson.
D) Crowell v. Administrator of Veterans Affairs.

Question 36

The executive head at the state level is the:

A) mayor.
B) president.
C) senator.
D) governor.

Question 37

The determinations reached at a hearing conducted by an administrative agency:

A) cannot be appealed through the regular court system.
B) can be appealed through the alternative dispute resolution system.
C) can be appealed through the regular court system.
D) can be appealed only through in-house dispute resolution system.

Question 38

The House of Representatives and the Senate are:

A) the houses of Congress.
B) not the houses of Congress.
C) the houses of state legislature.
D) the houses of city councils.

Question 39

CPA is a governmental body that stands for:

A) Consumer Protection Agency.
B) Consumer Proliferation and Administration.
C) Cost Protection Agency.
D) Customers and Purchasers Administration.

Question 40

The executive branch of government sees that all legislation is:

A) approved.
B) enacted.
C) enforced.
D) dismissed.

Question 41

As a practical matter,the courts seldom reverse the decisions of the agency unless it can be shown that the agency has:

A) not abused its authority.
B) abused its authority.
C) not acted ultra vires.
D) acted within its judicial power.

Question 42

Differentiate the judicial function of an administrative agency from the formal judicial system.

Question 43

Describe the two executive organizational patterns of administrative agencies.

Question 44

Give a brief explanation of the role of administrative agencies as instruments of the government,and provide at least one example of an administrative agency.

Question 45

What services do administrative agencies typically provide?

Question 46

Why is there a need for delegated legislation?