ADMINISTRATIVE LAW EXAM
QUESTIONS & VALID COMPLETE
SOLUTIONS DETAILED
administrative law - CORRECT ANSWER body of law that governs the activities of
administrative agencies of government. Government agency action can include
rulemaking, adjudication, or the enforcement of a specific regulatory agenda.
Administrative law is considered a branch of public law
system theory - CORRECT ANSWER provides simple and revealing framework of the
relation between participants; accepts one basic truth- first instinct is to survive; does
not measure influence of any single input
Independent Regulatory Commissions - CORRECT ANSWER entities such as the
FCC(Federal Communications Commission) and FAA(Federal Avaition Administration).
Within the authority granted them by Congress, they have the power to form and
enforce their own regulations. Supposedly unbiased
executive departments - CORRECT ANSWER a federal department in the executive
branch of the government of the United States (ag, commerce, labor, defense, energy,
H&HS, justice, treasury, state, interior, housing and urban development, transportation,
education, homeland security, veterans affairs)
due process - CORRECT ANSWER legal requirement that the state must respect all of
the legal rights that are owed to a person. Due process balances the power of law of the
land and protects the individual person from it. When a government harms a person
without following the exact course of the law, this constitutes a due-process violation,
which offends against the rule of law
common law - CORRECT ANSWER also known as case law or precedent, is law
developed by judges through decisions of courts and similar tribunals, as opposed to
statutes adopted through the legislative process or regulations issued by the executive
branch
precedent - CORRECT ANSWER a principle or rule established in a previous legal
case that is either binding on or persuasive for a court or other tribunal when deciding
subsequent cases with similar issues or facts; Stare decisis is a legal principle by which
judges are obliged to respect the precedent established by prior decisions
Administrative Procedure Act (1946) - CORRECT ANSWER United States federal law
that governs the way in which administrative agencies of the federal government of the
, United States may propose and establish regulations. The APA also sets up a process
for the United States federal courts to directly review agency decisions. It is one of the
most important pieces of United States administrative law
Munn v. Illinois (1876) - CORRECT ANSWER United States Supreme Court case
dealing with corporate rates and agriculture. The Munn case allowed states to regulate
certain businesses within their borders, including railroads, and is commonly regarded
as a milestone in the growth of federal government regulation. Munn was one of six
cases, the so-called Granger cases; At issue was whether the act of the Illinois
Legislature, 25 April 1871, to regulate public warehouses and the inspection and
handling of grain, was constitutional; BAPI Doctrine
BAPI Doctrine - CORRECT ANSWER Economic activity that has an impact on the
community at large. As discussed in Munn v. Illinois (1877), when private economic
activity has such a public consequence, it may be regulated by the government
Heart of Atlanta Motel v. U.S. (1964) - CORRECT ANSWER was a landmark United
States Supreme Court case holding that the U.S. Congress could use the Constitution's
Commerce Clause power to force private businesses to abide by the Civil Rights Act of
1964
Chevron, USA v. Natural Resources Defense Council (1984) - CORRECT ANSWER a
case in which the United States Supreme Court set forth the legal test for determining
whether to grant deference to a government agency's interpretation of a statute which it
administers. Chevron is the Court's clearest articulation of the doctrine of "administrative
deference," to the point that the Court itself has used the phrase "Chevron deference" in
more recent cases
nondelegation doctrine - CORRECT ANSWER theory that one branch of government
must not authorize another entity to exercise the power or function which it is
constitutionally authorized to exercise itself
Hampton & Co. v. U.S. (1928) - CORRECT ANSWER the Court held that Congress,
within "defined limits," could vest discretion in Executive officers to make public
regulations and direct the details of statutory execution. The Court argued that the same
principle that allowed Congress to fix rates in interstate commerce also enabled it to
remit to a rate-making body under the control of the Executive branch
Schechter Poultry Corp. v. U.S. (1935) - CORRECT ANSWER invalidated regulations
of the poultry industry according to the nondelegation doctrine and as an invalid use of
Congress's power under the commerce clause. This was a unanimous decision that
rendered the National Industrial Recovery Act, a main component of President
Roosevelt's New Deal, unconstitutional.
Whitman v. American Trucking Association (2001) - CORRECT ANSWER In an opinion
delivered by Justice Antonin Scalia, the Court held that the CAA properly delegated
QUESTIONS & VALID COMPLETE
SOLUTIONS DETAILED
administrative law - CORRECT ANSWER body of law that governs the activities of
administrative agencies of government. Government agency action can include
rulemaking, adjudication, or the enforcement of a specific regulatory agenda.
Administrative law is considered a branch of public law
system theory - CORRECT ANSWER provides simple and revealing framework of the
relation between participants; accepts one basic truth- first instinct is to survive; does
not measure influence of any single input
Independent Regulatory Commissions - CORRECT ANSWER entities such as the
FCC(Federal Communications Commission) and FAA(Federal Avaition Administration).
Within the authority granted them by Congress, they have the power to form and
enforce their own regulations. Supposedly unbiased
executive departments - CORRECT ANSWER a federal department in the executive
branch of the government of the United States (ag, commerce, labor, defense, energy,
H&HS, justice, treasury, state, interior, housing and urban development, transportation,
education, homeland security, veterans affairs)
due process - CORRECT ANSWER legal requirement that the state must respect all of
the legal rights that are owed to a person. Due process balances the power of law of the
land and protects the individual person from it. When a government harms a person
without following the exact course of the law, this constitutes a due-process violation,
which offends against the rule of law
common law - CORRECT ANSWER also known as case law or precedent, is law
developed by judges through decisions of courts and similar tribunals, as opposed to
statutes adopted through the legislative process or regulations issued by the executive
branch
precedent - CORRECT ANSWER a principle or rule established in a previous legal
case that is either binding on or persuasive for a court or other tribunal when deciding
subsequent cases with similar issues or facts; Stare decisis is a legal principle by which
judges are obliged to respect the precedent established by prior decisions
Administrative Procedure Act (1946) - CORRECT ANSWER United States federal law
that governs the way in which administrative agencies of the federal government of the
, United States may propose and establish regulations. The APA also sets up a process
for the United States federal courts to directly review agency decisions. It is one of the
most important pieces of United States administrative law
Munn v. Illinois (1876) - CORRECT ANSWER United States Supreme Court case
dealing with corporate rates and agriculture. The Munn case allowed states to regulate
certain businesses within their borders, including railroads, and is commonly regarded
as a milestone in the growth of federal government regulation. Munn was one of six
cases, the so-called Granger cases; At issue was whether the act of the Illinois
Legislature, 25 April 1871, to regulate public warehouses and the inspection and
handling of grain, was constitutional; BAPI Doctrine
BAPI Doctrine - CORRECT ANSWER Economic activity that has an impact on the
community at large. As discussed in Munn v. Illinois (1877), when private economic
activity has such a public consequence, it may be regulated by the government
Heart of Atlanta Motel v. U.S. (1964) - CORRECT ANSWER was a landmark United
States Supreme Court case holding that the U.S. Congress could use the Constitution's
Commerce Clause power to force private businesses to abide by the Civil Rights Act of
1964
Chevron, USA v. Natural Resources Defense Council (1984) - CORRECT ANSWER a
case in which the United States Supreme Court set forth the legal test for determining
whether to grant deference to a government agency's interpretation of a statute which it
administers. Chevron is the Court's clearest articulation of the doctrine of "administrative
deference," to the point that the Court itself has used the phrase "Chevron deference" in
more recent cases
nondelegation doctrine - CORRECT ANSWER theory that one branch of government
must not authorize another entity to exercise the power or function which it is
constitutionally authorized to exercise itself
Hampton & Co. v. U.S. (1928) - CORRECT ANSWER the Court held that Congress,
within "defined limits," could vest discretion in Executive officers to make public
regulations and direct the details of statutory execution. The Court argued that the same
principle that allowed Congress to fix rates in interstate commerce also enabled it to
remit to a rate-making body under the control of the Executive branch
Schechter Poultry Corp. v. U.S. (1935) - CORRECT ANSWER invalidated regulations
of the poultry industry according to the nondelegation doctrine and as an invalid use of
Congress's power under the commerce clause. This was a unanimous decision that
rendered the National Industrial Recovery Act, a main component of President
Roosevelt's New Deal, unconstitutional.
Whitman v. American Trucking Association (2001) - CORRECT ANSWER In an opinion
delivered by Justice Antonin Scalia, the Court held that the CAA properly delegated
