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Exam 6: Administrative Law

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Question 21

Multiple Choice

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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

A) an actual controversy at issue.
B) standing to sue.
C) the exhaustion doctrine.
D) the ripeness doctrine.

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Question 22

Multiple Choice

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With some exceptions, every portion of every meeting of the Federal Reserve System Board of Governors and other federal administrative agencies must be open to public observation under

A) no federal or state law.
B) the Freedom of Information Act.
C) the Government in the Sunshine Act.
D) the Public Accountability Act.

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Question 23

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Often, an administrative agency itself enforces its rules.

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

Interpretive rules simply declare policy and do not affect legal rights or obligations.

Administrative agencies generally exercise substantial discretion over the type of hearing procedures that they use.

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

The Federal Aviation Administration uses notice-and-comment rulemaking.The final rule in such a proceeding is sometimes referred to as

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

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

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

By delegating some of its authority to make and implement laws, Congress violates the U.S.Constitution.

The Federal Emergency Management Agency (FEMA) discovers that Goodnuff Trailers, Inc., is violating a FEMA regulation.If this situation is resolved like most such disputes, the outcome will be

The Consumer Product Safety Commission (CPSC) wants Monster Toy Company to produce certain records for review.To obtain the records, the CPSC will issue

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

The Regulatory Flexibility Act has helped reduce record-keeping burdens for Hometown Gas Company and other small business firms in the area of

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

Independent regulatory agencies such as the Federal Trade Commission are

The Food and Drug Administration (FDA) is investigating reports that Caplets Pharmaceutical Corporation is putting potentially harmful additives in Doze, a new pain-relief medication.The FDA's demands for particular documents from Caplets

Nursing Home Care Company is charged with violating a rule of the Social Security Administration.Most likely, Nursing Home Care will be required to appear at a hearing presided over by