Business Law Today Comprehensive Study Set 1

Business

Quiz 38 :
Administrative Law

Quiz 38 :
Administrative Law

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Like statutory law,administrative law is created by legislatures.
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True False
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False

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Federal executive agencies are outside the federal executive departments.
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True False
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Answer:

False

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Independent regulatory agencies include the cabinet departments of the executive branch.
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True False
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Answer:

False

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State regulation,when not preempted,may cover many of the same activities as federal regulation.
True False
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By delegating some of its authority to make and implement laws,Congress violates the U.S.Constitution.
True False
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Federal administrative agencies can regulate beyond the powers granted by enabling legislation.
True False
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Administrative agencies cannot make legislative rules,or substantive rules,that are as legally binding as laws that the Congress passes.
True False
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Interpretive rules simply declare policy and do not affect legal rights or obligations.
True False
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A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.
True False
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Under the exhaustion doctrine,a party must feel "exhausted" about an administrative action or regulation to challenge it in court.
True False
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There is a precise definition of what makes an administrative rule arbitrary and capricious.
True False
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A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious.
True False
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Rulemaking-the formulation of new administrative regulations-is a major function of Congress,not administrative agencies.
True False
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Unlike those who violate statutes,violators of agency rules are not punished.
True False
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Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.
True False
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Final administrative rules have binding legal effect unless the courts later overturn them.
True False
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The period for persons to comment on a proposed administrative rule must be at least thirty days.
True False
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Informal agency actions are exempt from the Administrative Procedure Act's requirements.
True False
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Only experts can submit comments on a proposed administrative rule.
True False
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An administrative agency can issue a guidance document to advise the public on the agency's legal and policy position.
True False
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