BUL 5810 FSU Woodyard Midterm
Multiple Choice
In reviewing an agency action, which of the following is included in the questions of law
a court will consider?
(A) Whether the agency violated any constitutional provision.
(B) Whether the agency acted contrary to the procedural requirements of the law.
(C) Whether the agency exceeded its authority.
(D) All of these would be considered. - answer(D) All of these would be considered.
What standard does a court use in reviewing the factual determinations of an
administrative agency?
(A) Whether the adjudication was arbitrary and capricious.
(B) Whether the conclusions reached are supported by substantial evidence.
(C) Whether the agency has conducted an adjudication with inadequate fact-finding
procedures or whether issues that were not properly before the agency were decided.
(D) Any one of these, depending on the particular situation. - answer(D) Any one of
these, depending on the particular situation.
Federal administrative agencies are charged with all but which of the following?
(A) National security
(B) Labor relations
(C) Securities markets
(D) All of these are regulated by federal administrative agencies. - answer(D) All of
these are regulated by federal administrative agencies.
The Privacy Act:
(A) prohibits any disclosures of records covered by the Act to the individuals about
whom information has been collected.
(B) is another name for the Freedom of Information Act.
(C) requires agencies to collect information to the greatest extent practicable directly
from the individual affected.
(D) requires agencies, after six years, to delete the information gathered about an
individual. - answer(C) requires agencies to collect information to the greatest extent
practicable directly from the
individual affected.
The 1990 Congressional enactment encouraging the involvement of affected parties in
the initial stages of the policy-making process prior to the publication of notice of a
proposed agency rule is the:
(A) Negotiated Rulemaking Act.
(B) Administrative Procedure Act.
,(C) Administrative Dispute Resolution Act.
(D) Government in the Sunshine Act. - answer(A) Negotiated Rulemaking Act.
The APA's requirements that the agency provide prior notice of a proposed rule, an
opportunity for interested parties to participate in the rulemaking, and publication of a
final draft containing a concise general statement of the rule's basis and purpose are the
requirements for issuance of rules in accordance with:
(A) formal rulemaking.
(B) hybrid rulemaking.
(C) informal rulemaking.
(D) negotiated rulemaking. - answer(C) informal rulemaking.
Sophia would like to become an administrative law judge. How should she go about
exploring this employment option?
(A) She should fill out an application for federal employment pursuant to the federal civil
service merit selection rules.
(B) She should talk to her congressional representative and ask for a recommendation.
(C) She should contribute a substantial sum of money to the President's political party
so that the President will consider appointing her to such a job.
(D) She should file for election to the job during the next election year. - answer(A) She
should fill out an application for federal employment pursuant to the federal civil service
merit selection rules.
The ____ is the federal public records statute requiring most records in agency files to
be open to
the public.
(A) FOIA
(B) APA
(C) ALJ
(D) Government in the Sunshine Act - answer(A) FOIA
Agencies may deny access to which of the following types of records?
(A) Those related to national defense and specifically authorized to be kept secret
(B) Those relating to internal personnel rules
(C) Trade secrets
(D) All of these. - answer(D) All of these.
After a FOIA request has been made, an agency has ____ to indicate whether it intends
to comply.
(A) three business days
(B) ten working days
(C) three weeks
(D) one month - answer(B) ten working days
, Congress has concluded that ____________ is the most prevalent method used for
distributing pornography and perpetrating fraudulent schemes, and it enacted the
____________ to deal with the problem.
(A) spam; CAN-SPAM Act
(B) mala prohibita crime; Model Penal Code
(C) mala in se crime; RICO Act
(D) white-collar crime; Sarbanes-Oxley Act - answer(A) spam; CAN-SPAM Act
Another name for an indictment is a(n):
(A) true bill.
(B) arraignment.
(C) information.
(D) preliminary hearing. - answer(A) true bill.
Payum, Inc. has been convicted of bribing public officials. It is now time for sentencing.
Possible
sentences include:
(A) putting the corporation's president, who was not involved in the bribery, in jail.
(B) putting the corporate shareholders in jail.
(C) fining the corporation.
(D) None of these. A corporation cannot commit a crime. - answer(C) fining the
corporation.
Bailey tells Jaxon that unless Jaxon pays her $5,000, she will tell his customers that he
was once arrested for shoplifting as a teenager. If the statement that Jaxon shoplifted
as a teenager is true:
(A) in most jurisdictions Bailey has committed the crime of extortion.
(B) Bailey has committed no crime since Jaxon actually did shoplift as a teenager.
(C) Bailey has committed the crime of bribery.
(D) in all jurisdictions in the United States, Bailey would have to have received the
money from Jaxon to be charged with a crime. - answer(A) in most jurisdictions Bailey
has committed the crime of extortion.
Which of the following is found in the Fifth Amendment to the U.S. Constitution?
(A) A privilege against self-incrimination
(B) A right to a speedy, public trial by jury
(C) A prohibition against cruel or unusual punishment
(D) The right to an attorney - answer(A) A privilege against self-incrimination
An employer directs his vice-president of marketing to fix prices with their company's
competitors. The employee does so. Under these facts:
(A) only the employee is liable.
(B) both the employee and the employer are liable.
(C) only the employer is liable.
(D) neither the employee nor the employer is liable. - answer(B) both the employee and
the employer are liable.
Multiple Choice
In reviewing an agency action, which of the following is included in the questions of law
a court will consider?
(A) Whether the agency violated any constitutional provision.
(B) Whether the agency acted contrary to the procedural requirements of the law.
(C) Whether the agency exceeded its authority.
(D) All of these would be considered. - answer(D) All of these would be considered.
What standard does a court use in reviewing the factual determinations of an
administrative agency?
(A) Whether the adjudication was arbitrary and capricious.
(B) Whether the conclusions reached are supported by substantial evidence.
(C) Whether the agency has conducted an adjudication with inadequate fact-finding
procedures or whether issues that were not properly before the agency were decided.
(D) Any one of these, depending on the particular situation. - answer(D) Any one of
these, depending on the particular situation.
Federal administrative agencies are charged with all but which of the following?
(A) National security
(B) Labor relations
(C) Securities markets
(D) All of these are regulated by federal administrative agencies. - answer(D) All of
these are regulated by federal administrative agencies.
The Privacy Act:
(A) prohibits any disclosures of records covered by the Act to the individuals about
whom information has been collected.
(B) is another name for the Freedom of Information Act.
(C) requires agencies to collect information to the greatest extent practicable directly
from the individual affected.
(D) requires agencies, after six years, to delete the information gathered about an
individual. - answer(C) requires agencies to collect information to the greatest extent
practicable directly from the
individual affected.
The 1990 Congressional enactment encouraging the involvement of affected parties in
the initial stages of the policy-making process prior to the publication of notice of a
proposed agency rule is the:
(A) Negotiated Rulemaking Act.
(B) Administrative Procedure Act.
,(C) Administrative Dispute Resolution Act.
(D) Government in the Sunshine Act. - answer(A) Negotiated Rulemaking Act.
The APA's requirements that the agency provide prior notice of a proposed rule, an
opportunity for interested parties to participate in the rulemaking, and publication of a
final draft containing a concise general statement of the rule's basis and purpose are the
requirements for issuance of rules in accordance with:
(A) formal rulemaking.
(B) hybrid rulemaking.
(C) informal rulemaking.
(D) negotiated rulemaking. - answer(C) informal rulemaking.
Sophia would like to become an administrative law judge. How should she go about
exploring this employment option?
(A) She should fill out an application for federal employment pursuant to the federal civil
service merit selection rules.
(B) She should talk to her congressional representative and ask for a recommendation.
(C) She should contribute a substantial sum of money to the President's political party
so that the President will consider appointing her to such a job.
(D) She should file for election to the job during the next election year. - answer(A) She
should fill out an application for federal employment pursuant to the federal civil service
merit selection rules.
The ____ is the federal public records statute requiring most records in agency files to
be open to
the public.
(A) FOIA
(B) APA
(C) ALJ
(D) Government in the Sunshine Act - answer(A) FOIA
Agencies may deny access to which of the following types of records?
(A) Those related to national defense and specifically authorized to be kept secret
(B) Those relating to internal personnel rules
(C) Trade secrets
(D) All of these. - answer(D) All of these.
After a FOIA request has been made, an agency has ____ to indicate whether it intends
to comply.
(A) three business days
(B) ten working days
(C) three weeks
(D) one month - answer(B) ten working days
, Congress has concluded that ____________ is the most prevalent method used for
distributing pornography and perpetrating fraudulent schemes, and it enacted the
____________ to deal with the problem.
(A) spam; CAN-SPAM Act
(B) mala prohibita crime; Model Penal Code
(C) mala in se crime; RICO Act
(D) white-collar crime; Sarbanes-Oxley Act - answer(A) spam; CAN-SPAM Act
Another name for an indictment is a(n):
(A) true bill.
(B) arraignment.
(C) information.
(D) preliminary hearing. - answer(A) true bill.
Payum, Inc. has been convicted of bribing public officials. It is now time for sentencing.
Possible
sentences include:
(A) putting the corporation's president, who was not involved in the bribery, in jail.
(B) putting the corporate shareholders in jail.
(C) fining the corporation.
(D) None of these. A corporation cannot commit a crime. - answer(C) fining the
corporation.
Bailey tells Jaxon that unless Jaxon pays her $5,000, she will tell his customers that he
was once arrested for shoplifting as a teenager. If the statement that Jaxon shoplifted
as a teenager is true:
(A) in most jurisdictions Bailey has committed the crime of extortion.
(B) Bailey has committed no crime since Jaxon actually did shoplift as a teenager.
(C) Bailey has committed the crime of bribery.
(D) in all jurisdictions in the United States, Bailey would have to have received the
money from Jaxon to be charged with a crime. - answer(A) in most jurisdictions Bailey
has committed the crime of extortion.
Which of the following is found in the Fifth Amendment to the U.S. Constitution?
(A) A privilege against self-incrimination
(B) A right to a speedy, public trial by jury
(C) A prohibition against cruel or unusual punishment
(D) The right to an attorney - answer(A) A privilege against self-incrimination
An employer directs his vice-president of marketing to fix prices with their company's
competitors. The employee does so. Under these facts:
(A) only the employee is liable.
(B) both the employee and the employer are liable.
(C) only the employer is liable.
(D) neither the employee nor the employer is liable. - answer(B) both the employee and
the employer are liable.
