Sources of Administrative Law: Quiz and Study Guide

Question 1

The authority delegated to administrative agencies to make and enforce rules is known as:

Accepted Answer

Rulemaking power

Answer

Regulatory power

Answer

Prosecution power

Answer

Adjudication power

Question 2

Which of the following is NOT a purpose of judicial review of administrative action?

Accepted Answer

Expanding agency discretion

Answer

Ensuring agency compliance with statutory limits

Answer

Protecting individual rights

Answer

Correcting agency errors

Question 3

The process by which an agency interprets and applies its own regulations is known as:

Accepted Answer

Adjudication

Answer

Rulemaking

Answer

Delegation

Answer

Enforcement

Question 4

Which of the following doctrines limits the scope of judicial review of agency actions and defers to the agency's interpretation of its own regulations?

Accepted Answer

Chevron deference

Answer

Substantial evidence rule

Answer

Ripeness doctrine

Answer

Harmless error rule

Question 5

The concept of agency discretion refers to:

Accepted Answer

The freedom of agencies to make policy choices within the bounds of the law

Answer

The authority of agencies to enforce the law

Answer

The obligation of agencies to follow established procedures

Answer

The power of agencies to review their own decisions

Question 6

Which of the following is NOT a recognized source of administrative law in the United States?

Accepted Answer

Treaties

Answer

Statutes

Answer

Case law

Answer

Regulations

Question 7

Which of the following principles guides the interpretation of administrative regulations?

Accepted Answer

Chevron deference

Answer

Strict construction

Answer

Judicial estoppel

Answer

Estoppel by laches

Question 8

The Administrative Procedure Act (APA) applies to:

Accepted Answer

All federal agencies

Answer

State and local agencies

Answer

Only executive branch agencies

Answer

Only agencies with regulatory authority

Question 9

The process by which an agency establishes new regulations is known as:

Accepted Answer

Rulemaking

Answer

Adjudication

Answer

Interpretation

Answer

Mediation

Question 10

The term 'agency capture' refers to:

Accepted Answer

Excessive influence of special interests on an agency

Answer

Legislative oversight of administrative agencies

Answer

Judicial review of agency actions

Answer

Separation of powers in administrative law

Question 11

Which of the following is **NOT** a primary source of administrative law?

Accepted Answer

Common Law

Answer

Constitution

Answer

Statutes

Answer

Regulations

Question 12

Which type of regulation is legally binding both on agencies and the public?

Accepted Answer

Legislative rules

Answer

Interpretive rules

Answer

Policy statements

Answer

Organizational rules

Question 13

The process by which an agency interprets its own regulations is known as:

Accepted Answer

Interpretation

Answer

Adjudication

Answer

Rulemaking

Answer

Enforcement

Question 14

Which constitutional principle provides the primary justification for delegating authority to administrative agencies?

Accepted Answer

Separation of powers

Answer

Due process of law

Answer

Equal protection of the laws

Answer

Commerce Clause

Question 15

What is the primary function of administrative regulations?

Accepted Answer

To implement and interpret statutes

Answer

To establish new substantive law

Answer

To create legal precedent

Answer

To provide general guidance to the public

Question 16

Which of the following is a defining characteristic of administrative case law?

Accepted Answer

It is binding on lower-level agencies within the same administrative hierarchy.

Answer

It is created solely by courts.

Answer

It is immune from judicial review.

Answer

It is applicable to all cases involving similar legal issues.

Question 17

What is the central significance of the Administrative Procedure Act (APA) in administrative law?

Accepted Answer

It established minimum procedural requirements for agency actions, enhancing transparency and accountability.

Answer

It created numerous new administrative agencies, expanding the scope of government regulation.

Answer

It significantly curtailed judicial review of administrative actions, reducing oversight.

Answer

It abolished the concept of deference to agency expertise, undermining agency autonomy.

Question 18

Which of the following is NOT a recognized source of administrative law in the United States?

Accepted Answer

Executive orders issued by the President

Answer

The Constitution

Answer

Statutes enacted by Congress

Answer

Regulations promulgated by executive agencies

Question 19

Within the hierarchy of administrative law sources, which one is considered the supreme authority?

Accepted Answer

The Constitution

Answer

Statutes

Answer

Regulations

Answer

Case law

Question 20

Which of the following principles is fundamental to the field of administrative law?

Accepted Answer

Due process of law

Answer

Equal protection under the law

Answer

Separation of powers

Answer

First Amendment rights

Question 21

What is the primary significance of the Administrative Procedure Act (APA)?

Accepted Answer

It established standardized procedures for agency rulemaking and adjudication.

Answer

It created the Office of Management and Budget.

Answer

It granted Congress exclusive oversight authority over administrative agencies.

Answer

It abolished independent regulatory commissions.

Question 22

Which of the following is an example of an informal action taken by an administrative agency?

Accepted Answer

Issuing a guidance letter

Answer

Adopting a final rule

Answer

Conducting an adjudicatory hearing

Answer

Publishing a notice of proposed rulemaking

Question 23

In most cases, what is the standard of review applied by courts when examining an agency's factual findings?

Accepted Answer

Substantial evidence review

Answer

De novo review

Answer

Arbitrary and capricious review

Answer

Clear and convincing evidence review

Question 24

Which document establishes the fundamental legal framework for all administrative agencies in the United States?

Accepted Answer

U.S. Constitution

Answer

Statutes

Answer

Regulations

Answer

Case Law

Question 25

What type of legislative act delegates authority to administrative agencies?

Accepted Answer

Statutes

Answer

Executive Orders

Answer

Regulations

Answer

Judicial Precedents

Question 26

What type of legal guidelines issued by administrative agencies have the force and effect of law?

Accepted Answer

Regulations

Answer

Constitutional Provisions

Answer

Statutory Requirements

Answer

Case Precedents

Question 27

Which principle ensures that individuals affected by administrative decisions have an opportunity to be heard?

Accepted Answer

Due Process

Answer

Equal Protection

Answer

Judicial Review

Answer

Habeas Corpus

Question 28

Which principle limits the authority of administrative agencies to make arbitrary or capricious decisions?

Accepted Answer

Substantive Due Process

Answer

Judicial Deference

Answer

Administrative Discretion

Answer

Chevron Deference

Question 29

Which federal agency is responsible for regulating trade in the United States?

Accepted Answer

Federal Trade Commission

Answer

Environmental Protection Agency

Answer

Food and Drug Administration

Answer

Securities and Exchange Commission

Question 30

Which characteristic distinguishes administrative law from criminal law?

Accepted Answer

Emphasis on technical expertise

Answer

Focus on individual culpability

Answer

Requirement of a jury trial

Answer

Punitive nature of sanctions

Question 31

What historical and contextual factor has contributed to the delegation of greater authority to administrative agencies?

Accepted Answer

Increased complexity of modern society

Answer

Decline in trust in the government

Answer

Desire for political accountability

Answer

Lack of expertise in the courts

Question 32

Identify the option that is NOT a primary source of administrative law:

Accepted Answer

Presidential directives

Answer

The Constitution

Answer

Statutes

Answer

Case law

Question 33

Which of the following is NOT a source of administrative law?

Accepted Answer

Common Law

Answer

Constitution

Answer

Regulations

Answer

Case Law

Question 34

Which of the following is the highest level of authority in the administrative law hierarchy?

Accepted Answer

Constitution

Answer

Regulations

Answer

Statutes

Answer

Case Law

Question 35

Which of the following is a characteristic of regulations?

Accepted Answer

They have the force of law.

Answer

They are always issued by agencies.

Answer

They are created only by courts.

Answer

They only apply to individuals.

Question 36

What is the primary role of case law in administrative law?

Accepted Answer

It interprets and applies statutes and regulations to specific cases.

Answer

It establishes new legal principles not found in statutes or regulations.

Answer

It is only binding on the parties to the case in which it was decided.

Question 37

What is the key difference between a substantive rule and a procedural rule?

Accepted Answer

Substantive rules define rights and obligations, while procedural rules govern the conduct of administrative proceedings.

Answer

Substantive rules are always more important than procedural rules.

Question 38

What is the primary purpose of judicial review of administrative actions?

Accepted Answer

To ensure that administrative agencies are acting within their legal authority and in accordance with the law.

Answer

To punish agencies for misconduct.

Answer

To create new laws.

Question 39

What is the fundamental difference between rulemaking and adjudication?

Accepted Answer

Rulemaking involves the creation of general rules, while adjudication involves the application of existing rules to specific cases.

Answer

Rulemaking is only done by agencies, while adjudication is only done by courts.

Question 40

What is the main purpose of the Administrative Procedure Act (APA)?

Accepted Answer

To establish basic procedures for the operation of federal agencies.

Answer

To define the scope of judicial review of administrative actions.

Answer

To create new administrative agencies.

Question 41

Which of the following is considered the foundational source of administrative law in the United States?

Accepted Answer

The Constitution

Answer

Administrative Policies

Answer

Common Law

Answer

Treaties

Question 42

Statutes grant administrative agencies the power to enact rules and regulations. What is the term for these rules and regulations?

Accepted Answer

Subordinate Legislation

Answer

Common Law

Answer

Executive Orders

Answer

Case Law

Question 43

Which of the following is a judicial source of administrative law?

Accepted Answer

Case Law (Precedents established by courts)

Answer

Statutes

Answer

Executive Decisions

Answer

Regulations

Question 44

The principle of stare decisis requires lower courts to follow precedents established by:

Accepted Answer

Higher Courts

Answer

The Executive Branch

Answer

Legislative Bodies

Answer

Administrative Agencies

Question 45

Which of the following is a defining characteristic of administrative law?

Accepted Answer

Specialization and Expertise in specific areas

Answer

Limited Scope

Answer

Adversarial Nature

Answer

Formal Procedures

Question 46

The authority of administrative agencies to make binding decisions is known as:

Accepted Answer

Adjudication

Answer

Rulemaking

Answer

Investigation

Answer

Enforcement

Question 47

The Administrative Procedure Act (APA) establishes procedural requirements for federal administrative agencies. Which provision of the APA is particularly important?

Accepted Answer

Notice-and-Comment Rulemaking

Answer

Judicial Review

Answer

Separation of Powers

Answer

Due Process

Question 48

The concept of 'Chevron Deference' refers to:

Accepted Answer

Judicial Deference to Agency Interpretations of Statutes

Answer

Presumption of Agency Illegality

Answer

Strict Scrutiny of Administrative Actions

Question 49

Which of the following is a primary source of administrative law in the United States?

Accepted Answer

The Constitution

Answer

Executive Orders

Answer

Case Law

Answer

Regulations

Question 50

The primary focus of the Administrative Procedure Act (APA) is to:

Accepted Answer

Establish procedures for agency rulemaking and adjudication

Answer

Define the scope of agency power

Answer

Outline the process for judicial review of agency actions

Question 51

A statute that authorizes an administrative agency to create regulations is known as:

Accepted Answer

Enabling Legislation

Answer

Case Law

Answer

Regulation

Answer

Executive Order

Question 52

Which of the following best describes the role of the Constitution in administrative law?

Accepted Answer

Establishes the constitutional limits on the power of administrative agencies

Answer

Dictates specific agency regulations

Answer

Provides detailed instructions on agency organization and function

Question 53

In the event of a conflict between a federal agency's regulation and a previously established statute, the:

Accepted Answer

Regulation is likely to be struck down by a court

Answer

Regulation will prevail because it is the most recent legal interpretation

Answer

Statute will be amended to accommodate the regulation

Question 54

A judicial decision upholding the validity of an agency action is an example of:

Accepted Answer

Case Law

Answer

Administrative Regulation

Answer

Statutory Law

Answer

Executive Order

Question 55

Which of the following is a key characteristic of a well-drafted regulation?

Accepted Answer

Precise and unambiguous language

Answer

Narrow scope of application

Answer

Lack of public notice prior to implementation

Answer

Open-ended and subject to interpretation

Question 56

The principle of 'Chevron deference' refers to:

Accepted Answer

Courts giving due consideration to agency interpretations of the statutes they administer

Answer

The requirement for agencies to adhere to previous judicial decisions

Answer

The process of agencies collaborating with other agencies before issuing regulations

Question 57

Which of the following is NOT a typical ground for judicial review of agency actions?

Accepted Answer

The agency's decision was based on personal opinions rather than evidence

Answer

The agency failed to follow proper procedures

Answer

The agency acted beyond its delegated authority

Question 58

The main purpose of the "Notice and Comment" rulemaking process is to:

Accepted Answer

Encourage public participation and transparency in agency rulemaking

Answer

Permit agencies to create regulations without public input

Answer

Shield agencies from legal challenges to their regulations