BUS 404 Final (Updated/ Verified solutions/
A+ Graded already)
Which of the following federal regulatory agencies was not created by the United
States Congress in the 1970s?
- The Occupational Safety and Health Administration (OSHA)
- The Environmental Protection Agency (EPA)
- The National Labor Relations Board (NLRB)
- The Consumer Product Safety Commission (CPSC) - ANSWER-The National
Labor Relations Board (NLRB)
Procedural rules - ANSWER-Procedural rules delineate the agency's internal
operating structure and methods.
Interpretive rules - ANSWER-Interpretive rules offer the agency's view of the law
for which the agency has administrative responsibility.
Legislative rules - ANSWER-Legislative rules are policy expressions that have
force-of-law status
What are the 3 broad categories of the regulatory authority of federal authority of
federal administrative agencies? - ANSWER-- Control of supply
- Control of conduct
- Control of Rates
Which of the following is an example of federal regulatory agency control of
information?
- Preventing the entry of a particular product into the market
- Directing that warning labels be attached to certain products
- Banning an existing product from the market
- Uniform pricing of cable television services - ANSWER-Directing that warning
labels be attached to certain products
,CartMed, incorporated, a non-prescription drug manufacturer, is directed by the
Office of National Control Policy (ONDCP) to refrain from manufacturing
children's cough syrup that exceeds 20% of alcohol content. The ONDCP's
regulatory authority falls under which of the following categories?
- Control of standards
- Control of information
- Control of cost
- Control of rates - ANSWER-Control of standards
Which of the following rules offer an administrative agency's view of the law for
which the agency has administrative responsibility.
- Legislative rules
- Procedural rules
- Interpretive rules
- Substantive rules - ANSWER-Interpretive rules
Which of the following is not an executive function of federal agencies?
- ensuring compliance with laws and regulations
- administering government benefits to the citizenry
- conducting inspections and investigations
- expanding their own jurisdictional authority by legislative fiat -
ANSWER-Expanding their own jurisdictional authority by legislative fiat
Which of the following is an example of an example of an executive function
performed by a federal administrative agency?
- Enacting enabling legislation
- Regulating the banking industry
- Creating rules that are, in effect, laws - ANSWER-Regulating the banking
industry
Which of the following is correct regarding legislative rules?
- Interpretive rules delineate the agency's internal operating structure and
methods
- Legislative rules are policy expressions having the effect of law
- Internal Revenue Service (IRS) regulations are an example of procedural rules.
- ANSWER-Legislative rules are policy expressions having the effect of law
,The National Highway Traffic Safety Administration (NHTSA) issued a rule
requiring all new vehicles all new vehicles under 10,000 pounds to have near
visibility technology by 2018. This rule is an example of an administrative
agency's application of its (BLANK) rules.
- procedural
- interpretive
- judicial
- legislative - ANSWER-Legislative
IRS regulations are an example of (BLANK) rules
- procedural
- legislative
- judicial
- interpretive - ANSWER-interpretive
The Administrative Procedure Act (APA) provides for both (BLANK) and (BLANK)
rule-making processes for legislative rules
- actual; virtual
- conditional; unconditional
- formal; informal
- primary; secondary - ANSWER-formal; informal
Which of the following is correct regarding judicial review of administrative
agency rules and orders?
- Frequently open judicial calendars act as a natural accelerant to activist judicial
review of agency rules and orders
- agency rules and orders are rarely challenged in court
- historically, courts have taken a broad, interventionist approach to judicial
review of agency rules and orders
- courts can address only specific agency actions raised in cases presented to
them - ANSWER-courts can address only specific agency actions raised in cases
presented to them
In the event of an irreconcilable conflict btwn federal and state law, the
Supremacy Clause of the US Constitution provides that federal law will preempt
state law, thereby rendering it unconstitutional
- T/F - ANSWER-True
, The federal government is primarily responsible for regulating the insurance
industry
- T/F - ANSWER-False
The Federal Energy Regulatory Commission (FERC) has exclusive jurisdiction
over regulating utilities in the public interest
- T/F - ANSWER-False
What does judge look at in shareholder derivative suits? - ANSWER-Fraud, self
dealing, illegality
Federal law defines an agency as any government unit including the legislature
and the courts
- T/F - ANSWER-False
Agency commissioners are appointed in staggered terms, typically of seven
years' duration
- T/F - ANSWER-True
Administrative agency action is guided generally by the Uniform Commercial
Code (UCC)
- T/F - ANSWER-False
Administrative agencies enact 3 types of rules: (1) procedural rules; (2)
substantive rules; and (3) equitable rules
- T/F - ANSWER-False (procedural, legislative, interpretive)
Administrative agency rules and orders cannot be challenged in court
- T/F - ANSWER-False
Judicial review of administrative agency action is broad in scope, and courts can
address agency actions sua sponte (on their own accord)
- T/F - ANSWER-False
Regarding the digital divide in the US as of 2016, which of the following is
correct? - ANSWER-84% of white households were connected to the internet
A+ Graded already)
Which of the following federal regulatory agencies was not created by the United
States Congress in the 1970s?
- The Occupational Safety and Health Administration (OSHA)
- The Environmental Protection Agency (EPA)
- The National Labor Relations Board (NLRB)
- The Consumer Product Safety Commission (CPSC) - ANSWER-The National
Labor Relations Board (NLRB)
Procedural rules - ANSWER-Procedural rules delineate the agency's internal
operating structure and methods.
Interpretive rules - ANSWER-Interpretive rules offer the agency's view of the law
for which the agency has administrative responsibility.
Legislative rules - ANSWER-Legislative rules are policy expressions that have
force-of-law status
What are the 3 broad categories of the regulatory authority of federal authority of
federal administrative agencies? - ANSWER-- Control of supply
- Control of conduct
- Control of Rates
Which of the following is an example of federal regulatory agency control of
information?
- Preventing the entry of a particular product into the market
- Directing that warning labels be attached to certain products
- Banning an existing product from the market
- Uniform pricing of cable television services - ANSWER-Directing that warning
labels be attached to certain products
,CartMed, incorporated, a non-prescription drug manufacturer, is directed by the
Office of National Control Policy (ONDCP) to refrain from manufacturing
children's cough syrup that exceeds 20% of alcohol content. The ONDCP's
regulatory authority falls under which of the following categories?
- Control of standards
- Control of information
- Control of cost
- Control of rates - ANSWER-Control of standards
Which of the following rules offer an administrative agency's view of the law for
which the agency has administrative responsibility.
- Legislative rules
- Procedural rules
- Interpretive rules
- Substantive rules - ANSWER-Interpretive rules
Which of the following is not an executive function of federal agencies?
- ensuring compliance with laws and regulations
- administering government benefits to the citizenry
- conducting inspections and investigations
- expanding their own jurisdictional authority by legislative fiat -
ANSWER-Expanding their own jurisdictional authority by legislative fiat
Which of the following is an example of an example of an executive function
performed by a federal administrative agency?
- Enacting enabling legislation
- Regulating the banking industry
- Creating rules that are, in effect, laws - ANSWER-Regulating the banking
industry
Which of the following is correct regarding legislative rules?
- Interpretive rules delineate the agency's internal operating structure and
methods
- Legislative rules are policy expressions having the effect of law
- Internal Revenue Service (IRS) regulations are an example of procedural rules.
- ANSWER-Legislative rules are policy expressions having the effect of law
,The National Highway Traffic Safety Administration (NHTSA) issued a rule
requiring all new vehicles all new vehicles under 10,000 pounds to have near
visibility technology by 2018. This rule is an example of an administrative
agency's application of its (BLANK) rules.
- procedural
- interpretive
- judicial
- legislative - ANSWER-Legislative
IRS regulations are an example of (BLANK) rules
- procedural
- legislative
- judicial
- interpretive - ANSWER-interpretive
The Administrative Procedure Act (APA) provides for both (BLANK) and (BLANK)
rule-making processes for legislative rules
- actual; virtual
- conditional; unconditional
- formal; informal
- primary; secondary - ANSWER-formal; informal
Which of the following is correct regarding judicial review of administrative
agency rules and orders?
- Frequently open judicial calendars act as a natural accelerant to activist judicial
review of agency rules and orders
- agency rules and orders are rarely challenged in court
- historically, courts have taken a broad, interventionist approach to judicial
review of agency rules and orders
- courts can address only specific agency actions raised in cases presented to
them - ANSWER-courts can address only specific agency actions raised in cases
presented to them
In the event of an irreconcilable conflict btwn federal and state law, the
Supremacy Clause of the US Constitution provides that federal law will preempt
state law, thereby rendering it unconstitutional
- T/F - ANSWER-True
, The federal government is primarily responsible for regulating the insurance
industry
- T/F - ANSWER-False
The Federal Energy Regulatory Commission (FERC) has exclusive jurisdiction
over regulating utilities in the public interest
- T/F - ANSWER-False
What does judge look at in shareholder derivative suits? - ANSWER-Fraud, self
dealing, illegality
Federal law defines an agency as any government unit including the legislature
and the courts
- T/F - ANSWER-False
Agency commissioners are appointed in staggered terms, typically of seven
years' duration
- T/F - ANSWER-True
Administrative agency action is guided generally by the Uniform Commercial
Code (UCC)
- T/F - ANSWER-False
Administrative agencies enact 3 types of rules: (1) procedural rules; (2)
substantive rules; and (3) equitable rules
- T/F - ANSWER-False (procedural, legislative, interpretive)
Administrative agency rules and orders cannot be challenged in court
- T/F - ANSWER-False
Judicial review of administrative agency action is broad in scope, and courts can
address agency actions sua sponte (on their own accord)
- T/F - ANSWER-False
Regarding the digital divide in the US as of 2016, which of the following is
correct? - ANSWER-84% of white households were connected to the internet
