Question 1

The U.S.Patent and Trademark Office (USPTO)  wants to review certain records of Verity Corporation.The USPTO can legitimately gain access to the records through

Accepted Answer

A)  agency coercion.
B)  infiltrating Verity's computers without the firm's knowledge.
C)  public comment.
D)  Verity's consent.E) All of the above
F) A) and B)

Question 2

If the meaning of a statute's language is unclear and an agency interprets it, a court must overturn the interpretation.

Accepted Answer

A) True 
 B)False

Question 3

Unlike those who violate statutes, violators of agency rules are not punished.

Accepted Answer

A) True 
 B)False

Question 4

Nemo's Seafood Restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS) .Like other federal administrative agencies, the IRS was created by

Accepted Answer

A)  Congress, through enabling legislation.
B)  the courts, through the adjudicatory process.
C)  the U.S.Constitution, through the tax and spend clause.
D)  the U.S.Department of the Treasury, through a legislative rule.E) B) and D)
F) A) and B)

Question 5

Only experts can submit comments on a proposed administrative rule.

Accepted Answer

A) True 
 B)False

Question 6

The Merit Systems Protection Board issues a rule.Like other adminis-tra-tive agencies' "legislative rules," this rule is as

Accepted Answer

A)  binding as a law passed by Congress.
B)  persuasive as an expert's opinion.
C)  suggestive as a newspaper's editorial.
D)  unenforceable as a salesperson's puffery.E) B) and D)
F) A) and B)

Question 7

Final administrative rules have binding legal effect unless the courts later overturn them.

Accepted Answer

A) True 
 B)False

Question 8

Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission.Opposed to the decision, Plastix Produx wants a court to review it.First, however, the firm must use all of the potential administrative remedies.This is

Accepted Answer

A)  an actual controversy at issue.
B)  standing to sue.
C)  the exhaustion doctrine.
D)  the ripeness doctrine.E) C) and D)
F) All of the above

Question 9

A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

Accepted Answer

A) True 
 B)False

Question 10

Caleb is a witness in a contro-versy involving the U.S.Drug Enforcement Administration.Caleb can be compelled to appear before an adminis-trative law judge if he is served with

Accepted Answer

A)  an order for specific performance.
B)  a rule for parol evidence.
C)  a subpoena.
D)  a politely worded request.E) All of the above
F) B) and C)

Question 11

Freight Transport Company is subject to a decision by the National Labor Relations Board.Freight Transport appeals the decision, arguing that it is arbitrary and capricious.This could mean that the decision

Accepted Answer

A)  followed a consideration of legally appropriate factors.
B)  justifiably changed the agency's prior policy.
C)  was accompanied by a rational explanation.
D)  was plainly contrary to the evidence.E) A) and C)
F) A) and B)

Question 12

Beck seeks information about Donatello and other well-known businesspersons under the Freedom of Information Act.To obtain the informa-tion, Beck must

Accepted Answer

A)  agree not to reveal any trade secrets.
B)  reasonably describe the information.
C)  get a court order.
D)  have the businesspersons' permission.E) B) and D)
F) A) and B)

Exam 19: Powers and Functions of Administrative Agencies

The Merit Systems Protection Board issues a rule.Like other adminis-tra-tive agencies' "legislative rules," this rule is as

Correct Answer
verified

Only experts can submit comments on a proposed administrative rule.

Correct Answer
verified

Unlike those who violate statutes, violators of agency rules are not punished.

Correct Answer
verified

Beck seeks information about Donatello and other well-known businesspersons under the Freedom of Information Act.To obtain the informa-tion, Beck must

Correct Answer
verified

A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

Correct Answer
verified

Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission.Opposed to the decision, Plastix Produx wants a court to review it.First, however, the firm must use all of the potential administrative remedies.This is

Correct Answer
verified

Nemo's Seafood Restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS) .Like other federal administrative agencies, the IRS was created by

Correct Answer
verified

The U.S.Patent and Trademark Office (USPTO) wants to review certain records of Verity Corporation.The USPTO can legitimately gain access to the records through

Correct Answer
verified

If the meaning of a statute's language is unclear and an agency interprets it, a court must overturn the interpretation.

Correct Answer
verified

Final administrative rules have binding legal effect unless the courts later overturn them.

Correct Answer
verified

Caleb is a witness in a contro-versy involving the U.S.Drug Enforcement Administration.Caleb can be compelled to appear before an adminis-trative law judge if he is served with

Correct Answer
verified

Freight Transport Company is subject to a decision by the National Labor Relations Board.Freight Transport appeals the decision, arguing that it is arbitrary and capricious.This could mean that the decision

Correct Answer
verified

Exam 19: Powers and Functions of Administrative Agencies

The Merit Systems Protection Board issues a rule.Like other adminis-tra-tive agencies' "legislative rules," this rule is as

Correct AnswerverifiedShow Answer

Only experts can submit comments on a proposed administrative rule.

Correct AnswerverifiedShow Answer

Unlike those who violate statutes, violators of agency rules are not punished.

Correct AnswerverifiedShow Answer

Beck seeks information about Donatello and other well-known businesspersons under the Freedom of Information Act.To obtain the informa-tion, Beck must

Correct AnswerverifiedShow Answer

A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

Correct AnswerverifiedShow Answer

Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission.Opposed to the decision, Plastix Produx wants a court to review it.First, however, the firm must use all of the potential administrative remedies.This is

Correct AnswerverifiedShow Answer

Nemo's Seafood Restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS) .Like other federal administrative agencies, the IRS was created by

Correct AnswerverifiedShow Answer

The U.S.Patent and Trademark Office (USPTO) wants to review certain records of Verity Corporation.The USPTO can legitimately gain access to the records through

Correct AnswerverifiedShow Answer

If the meaning of a statute's language is unclear and an agency interprets it, a court must overturn the interpretation.

Correct AnswerverifiedShow Answer

Final administrative rules have binding legal effect unless the courts later overturn them.

Correct AnswerverifiedShow Answer

Caleb is a witness in a contro-versy involving the U.S.Drug Enforcement Administration.Caleb can be compelled to appear before an adminis-trative law judge if he is served with

Correct AnswerverifiedShow Answer

Freight Transport Company is subject to a decision by the National Labor Relations Board.Freight Transport appeals the decision, arguing that it is arbitrary and capricious.This could mean that the decision

Correct AnswerverifiedShow Answer

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