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Midterm

True/False
Indicate whether the sentence or statement is true or false.
 

1. 

An administrative agency is a governmental body charged with administering and implementing legislation.
 

2. 

Administrative agencies may make the rules, police the community to see the rules are obeyed, and sit in judgment to determine violations of their rules.
 

3. 

The Federal Trade Commission's judicial function is assigned to administrative law judges.
 

4. 

The modern administrative agency typically possesses legislative, executive, and judicial powers.
 

5. 

The Sunshine Act requires that most meetings of federal agencies are open to the public.
 

6. 

Administrative agencies must be rigidly controlled and cannot be granted discretionary authority.
 

7. 

Until proven valid, a rule adopted by an administrative agency is invalid.
 

8. 

In an emergency, an administrative agency can act beyond the scope of the statute that created it.
 

9. 

The Freedom of Information Act provides access to any information upon proper request.
 

10. 

The Administrative Procedure Act (APA) requires each federal agency to publish a statement of the rules, principles, and procedures followed by that agency.
 

11. 

The APA requires that each federal agency publish a statement of the rules, principles, and procedures followed by the agency.
 

12. 

Modern administrators cannot make laws, but they can argue persuasively before Congress for the passage of needed legislation.
 

13. 

Administrative agencies never allow members of the industry that is to be regulated to participate in rule-making deliberations.
 

14. 

A federal agency planning to adopt a new regulation must give public notice of such intent and then hold a hearing at which members of the public may express their views and make suggestions.
 

15. 

Regulations properly adopted by agencies are important but do not have the full force of law as do statutes.
 

Multiple Choice
Identify the letter of the choice that best completes the statement or answers the question.
 

16. 

The most recent addition to the American governmental structure is the:
a.
executive branch.
b.
administrative agency.
c.
judicial branch.
d.
legislative branch.
 

17. 

An administrative agency can be created to perform:
a.
only one of the three functions of government (executive, legislative, judicial).
b.
any two of the three functions.
c.
all three of the functions.
d.
none of the three functions of government.
 

18. 

To meet the objection that the exercise of executive, legislative, and judicial powers by the same agency is a potential threat to impartiality:
a.
administrative agencies have been disbanded.
b.
administrative agencies no longer can enforce their own regulations.
c.
courts regularly review and overturn administrative regulations and policies.
d.
administrative functions sometimes have been decentralized.
 

19. 

Generally, which power(s) does (do) an administrative agency possess?
a.
all powers necessary to effectively perform the duties entrusted to it
b.
legislative only
c.
judicial only
d.
executive only
 

20. 

The Freedom of Information Act:
a.
is to be strictly construed to prevent unauthorized disclosures.
b.
has too many exemptions to be of any use.
c.
is intended to subject agency action to public scrutiny.
d.
puts the burden of proof upon the person requesting the information.
 

21. 

Meetings are to be open to the public under the guidelines of the Sunshine Act of 1976. Meetings include:
a.
those of federal administrative agencies.
b.
those of state administrative agencies.
c.
those actions that are deemed "meetings" by the agency.
d.
both a and b.
 

22. 

In reviewing agency action, courts generally apply the:
a.
beyond a reasonable doubt standard.
b.
preponderance of the evidence standard.
c.
arbitrary or capricious standard.
d.
rational relationship standard.
 

23. 

An administrative regulation:
a.
is a guideline that may be voluntarily followed.
b.
has the force of law.
c.
is a suggestion of what will protect the environment.
d.
is a standard used to govern industry.
 

24. 

The term "exhaust administrative remedies" means that:
a.
parties to an agency action must be diligent in pursuing their case.
b.
parties to an administrative action must take their appeal to a court of law.
c.
parties to an administrative action can appeal only after the agency has made a final decision.
d.
administrative agencies tend to work very hard.
 

25. 

Concerning rules of fair practice agreed to at a trade conference and approved by the FTC:
a.
only those "accepted as expressions of the trade" will be enforced.
b.
those "accepted as expressions of the trade" and those "affirmatively approved" will be enforced.
c.
only those "affirmatively approved" will be enforced.
d.
those "affirmatively approved" then must be confirmed by Congress to be enforced.
 

26. 

A regulation adopted by a federal administrative agency is binding only if:
a.
it has been printed in the Federal Register.
b.
the persons affected have received copies of it.
c.
the persons affected have notified the agency of their approval of the regulation.
d.
publicity has been given to it by the news media.
 

27. 

A civil investigative demand can be issued:
a.
to any person considered to have relevant knowledge.
b.
to obtain documents.
c.
to demand an appearance to answer questions.
d.
to all of the above.
 

28. 

Concerning administrative investigations:
a.
agencies are severely limited by the Constitution.
b.
a search warrant always is required to search premises.
c.
papers and records generally may be subpoenaed by the agency.
d.
a person does not have protection against unreasonable searches and seizures.
 

Case
 

29. 

The Federal Trade Commission suspects Billy Williams of unlawful trade activities and has obtained evidence, claimed to be proof of unlawful activity, by way of aerial photography. The FTC is also currently seeking the submission of various documents, within Williams' place of business, for additional evidence. Williams refuses to submit to the demands to produce the documents and claims that this demand and the aerial photos are direct violations of his constitutional rights. Williams also demands a jury trial to clear him of charges levied. Comment on Williams' claims.
 



 
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