BAR ADMINISTRATIVE LAW FINAL PAPER
PRACTICE QUESTIONS WITH VERIFIED
ANSWERS PACKAGE
●● What types of powers do agencies combine?
Answer: Legislative-type power (rulemaking), Executive-type power
(enforcement), and Judicial-type power (adjudication).
●● What are the key questions to ask when analyzing an agency
problem?
Answer: 1. What kind of agency action is this? 2. Is review available? 3.
What procedure was required? 4. Did agency have authority? 5. What is
the standard of review?
●● What is the purpose of the Administrative Procedure Act (APA)?
Answer: The APA governs most federal agencies and outlines the
procedures they must follow.
●● What is required for informal rulemaking under §553 of the APA?
Answer: 1. Publish notice of proposed rule 2. Allow comments 3.
Consider comments 4. Publish final rule with statement of basis/purpose.
●● What is the standard for judicial review of agency actions?
,Answer: Courts can set aside actions that are arbitrary/capricious,
contrary to law, unconstitutional, beyond statutory authority, or
unsupported by substantial evidence.
●● What distinguishes rulemaking from adjudication?
Answer: Rulemaking creates prospective policy for many people, while
adjudication involves individualized determinations based on specific
facts.
●● What is required for procedural due process?
Answer: 1. Protected liberty/property interest 2. What process is due?
●● What is the significance of Goldberg v. Kelly?
Answer: It established that a pre-termination hearing is required when
welfare benefits are terminated.
●● What does the case Mathews v. Eldridge establish?
Answer: It provides a balancing test for determining the necessity of a
hearing based on private interest, risk of error, and government burden.
●● What is the holding in Board of Regents v. Roth?
Answer: The court held that a non-tenured professor had no property
interest requiring a hearing upon contract non-renewal.
, ●● What is the rule established in A.L.A. Schechter Poultry Corp. v.
United States?
Answer: Congress must provide an intelligible principle when
delegating legislative power.
●● What is the holding in Abbott Laboratories v. Gardner?
Answer: Regulated parties can seek judicial review before agency
enforcement begins if issues are fit for review and withholding review
causes hardship.
●● What is the significance of the case Bennett v. Spear?
Answer: It established the requirements for final agency action, which
includes consummation of agency process and legal consequences.
●● What does the term 'standing' refer to in administrative law?
Answer: The legal right to initiate a lawsuit, requiring injury in fact,
causation, and redressability.
●● What is the rule from Bi-Metallic Investment Co. v. State Board of
Equalization?
Answer: No individualized hearing is required for general policy
decisions affecting many people.
●● What is the holding in Londoner v. City & County of Denver?
PRACTICE QUESTIONS WITH VERIFIED
ANSWERS PACKAGE
●● What types of powers do agencies combine?
Answer: Legislative-type power (rulemaking), Executive-type power
(enforcement), and Judicial-type power (adjudication).
●● What are the key questions to ask when analyzing an agency
problem?
Answer: 1. What kind of agency action is this? 2. Is review available? 3.
What procedure was required? 4. Did agency have authority? 5. What is
the standard of review?
●● What is the purpose of the Administrative Procedure Act (APA)?
Answer: The APA governs most federal agencies and outlines the
procedures they must follow.
●● What is required for informal rulemaking under §553 of the APA?
Answer: 1. Publish notice of proposed rule 2. Allow comments 3.
Consider comments 4. Publish final rule with statement of basis/purpose.
●● What is the standard for judicial review of agency actions?
,Answer: Courts can set aside actions that are arbitrary/capricious,
contrary to law, unconstitutional, beyond statutory authority, or
unsupported by substantial evidence.
●● What distinguishes rulemaking from adjudication?
Answer: Rulemaking creates prospective policy for many people, while
adjudication involves individualized determinations based on specific
facts.
●● What is required for procedural due process?
Answer: 1. Protected liberty/property interest 2. What process is due?
●● What is the significance of Goldberg v. Kelly?
Answer: It established that a pre-termination hearing is required when
welfare benefits are terminated.
●● What does the case Mathews v. Eldridge establish?
Answer: It provides a balancing test for determining the necessity of a
hearing based on private interest, risk of error, and government burden.
●● What is the holding in Board of Regents v. Roth?
Answer: The court held that a non-tenured professor had no property
interest requiring a hearing upon contract non-renewal.
, ●● What is the rule established in A.L.A. Schechter Poultry Corp. v.
United States?
Answer: Congress must provide an intelligible principle when
delegating legislative power.
●● What is the holding in Abbott Laboratories v. Gardner?
Answer: Regulated parties can seek judicial review before agency
enforcement begins if issues are fit for review and withholding review
causes hardship.
●● What is the significance of the case Bennett v. Spear?
Answer: It established the requirements for final agency action, which
includes consummation of agency process and legal consequences.
●● What does the term 'standing' refer to in administrative law?
Answer: The legal right to initiate a lawsuit, requiring injury in fact,
causation, and redressability.
●● What is the rule from Bi-Metallic Investment Co. v. State Board of
Equalization?
Answer: No individualized hearing is required for general policy
decisions affecting many people.
●● What is the holding in Londoner v. City & County of Denver?
