ADMINISTRATIVE LAW FINAL EXAM
QUESTIONS & DETAILED COMPLETE
SOLUTIONS PASSED ALREADY
GRADED A+
quasi-judicial (adjudicatory) - CORRECT ANSWER the whole or a part of an agency
statement of general or particular applicability and future effect designed to implement,
interpret, or prescribe law or policy or describing the organization. procedure, or practice
requirements of an agency.
quasi-legislative (rulemaking) - CORRECT ANSWER it investigates, declares and
enforces liabilities as they stand on past and present or past facts and under laws
supposed already to exist. It involves individual claims, whereas rules are directed at
large groups. Adjudication can result in an immediate sanction against an individual; a
rule cannot.
There is one significant difference between rulemaking and adjudication.. - CORRECT
ANSWER due process
Code of Federal Regulations - CORRECT ANSWER rulemaking
Rulemaking - CORRECT ANSWER is directed at large group or policy issues.
Rulemaking - CORRECT ANSWER concerns future conduct. Goal is establishing a
rule to deal with future conduct. Decisions based on facts and policy.
Rulemaking - CORRECT ANSWER Sets standards by which a person may be
adjudged and sanctioned.
Adjudication - CORRECT ANSWER Is directed at specific individuals (or businesses)
or disputes.
Adjudication - CORRECT ANSWER Concerns past conduct. Goal is the resolution of
disputes. Decisions based on adjudicative facts particular to disputes. Determines
compliance or guilt and sanctions violaters.
legislative rules - CORRECT ANSWER are procedural and substantive.
,a legislative delegation of authority - CORRECT ANSWER carries with it an implicit
authority to establish procedures necessary to enforce and implement the agency's
delegate mandate.
substantive rule - CORRECT ANSWER These rules affect the rights of individuals and
are the functional equivalent of statutes. There is no inherent authority to promulgate
substantive rules. Congress must delegate this authority.
Interpretative rules - CORRECT ANSWER do not declare something new; they do not
fill in the gaps of legislation. Rather, they represent an agency's interpretation of a
statute's meaning.
Interpretative rules - CORRECT ANSWER are used to inform the public of how the
agency intends to implement and enforce a statute, based upon its understanding of the
statute's meaning and purpose.
Formal rulemaking - CORRECT ANSWER APA RECOGNIZES FORMAL, INFORMAL
AND EXEMPTED
notice of proposed rulemaking - CORRECT ANSWER The APA requires that the notice
include "either the terms or substance of the proposed rule or
Section 551(4) of the APA defines a rule - CORRECT ANSWER as the whole or part of
an agency
LEGISLATIVE RULES - CORRECT ANSWER PROCEDURAL AND SUBSTANTIVE
Formal rulemaking - CORRECT ANSWER very time consuming, expensive, and
procedurally involved method of rulemaking for agencies. (for scientific and expert
testimony)
Formal rulemaking - CORRECT ANSWER The agency must follow the adjudicatory
procedures that is a trial type hearing and must give notice to the public.
United States v. Florida East Coast Railroad - CORRECT ANSWER
informal - CORRECT ANSWER agency must publish a notice of proposed rulemaking
normally in the Federal Register and it has to give persons the opportunity to participate
in the process. No trial-type hearing is required of the agency. the agency issues its final
rules with a concise statement of its basis and purpose.
concise statement - CORRECT ANSWER the agency must articulate the basic
rationale underlying its decision. (rational relationship test) the agency must identify
Formal & Informal Chart - CORRECT ANSWER
, hybrid - CORRECT ANSWER the addition of a procedural step beyond that required for
informal rulemaking
exempted rulemaking - CORRECT ANSWER military, foreign affairs
negotiated rulemaking - CORRECT ANSWER it is congressionally created hybrid.
Vermont Yankee Nuclear Power Corp - CORRECT ANSWER
Ripeness - CORRECT ANSWER is concerned with maturity--whether a case is
sufficiently mature to be heard by a court.
Scope of review - CORRECT ANSWER Review of agency action is necessary to
prevent abuses. There is a need to defer to an agency's experience and expertise.
Exhaustion of - CORRECT ANSWER remedies is not applicable in criminal cases.
De Novo - CORRECT ANSWER Anew, No defense to agency action decision or
rationale.
Substantial Evidence - CORRECT ANSWER Examine the facts found and conclusions
reached by (sliding scale) an agency. Reviewing court finds substantial evidence.
Arbitrary, Capricious, Abuse of Discretion - CORRECT ANSWER significant deference.
Agency action is presumed valid and affirmed if founded on a rational basis.
Presumption of valid action (A clear error has to occur on the agency's part in order for
this to be affirmed).
De Novo - CORRECT ANSWER most common
Informal agency action - CORRECT ANSWER Abuse of discretion based on the
statute.
Issue of fact - CORRECT ANSWER goes to a jury
Issues of law - CORRECT ANSWER reviewed by the Supreme Court. Motion
Summary Judgement and Motion of Dismiss
Issues of fact - CORRECT ANSWER De Novo (by statute), Substantive (formal
rulemaking and adjudication) and Abuse of discretion (informal adjudication)
Issues of discretion - CORRECT ANSWER We have to ascertain its reviewability
Res Judicata - CORRECT ANSWER A matter adjudged there is a decision, It has 4
elements: previous precedence
QUESTIONS & DETAILED COMPLETE
SOLUTIONS PASSED ALREADY
GRADED A+
quasi-judicial (adjudicatory) - CORRECT ANSWER the whole or a part of an agency
statement of general or particular applicability and future effect designed to implement,
interpret, or prescribe law or policy or describing the organization. procedure, or practice
requirements of an agency.
quasi-legislative (rulemaking) - CORRECT ANSWER it investigates, declares and
enforces liabilities as they stand on past and present or past facts and under laws
supposed already to exist. It involves individual claims, whereas rules are directed at
large groups. Adjudication can result in an immediate sanction against an individual; a
rule cannot.
There is one significant difference between rulemaking and adjudication.. - CORRECT
ANSWER due process
Code of Federal Regulations - CORRECT ANSWER rulemaking
Rulemaking - CORRECT ANSWER is directed at large group or policy issues.
Rulemaking - CORRECT ANSWER concerns future conduct. Goal is establishing a
rule to deal with future conduct. Decisions based on facts and policy.
Rulemaking - CORRECT ANSWER Sets standards by which a person may be
adjudged and sanctioned.
Adjudication - CORRECT ANSWER Is directed at specific individuals (or businesses)
or disputes.
Adjudication - CORRECT ANSWER Concerns past conduct. Goal is the resolution of
disputes. Decisions based on adjudicative facts particular to disputes. Determines
compliance or guilt and sanctions violaters.
legislative rules - CORRECT ANSWER are procedural and substantive.
,a legislative delegation of authority - CORRECT ANSWER carries with it an implicit
authority to establish procedures necessary to enforce and implement the agency's
delegate mandate.
substantive rule - CORRECT ANSWER These rules affect the rights of individuals and
are the functional equivalent of statutes. There is no inherent authority to promulgate
substantive rules. Congress must delegate this authority.
Interpretative rules - CORRECT ANSWER do not declare something new; they do not
fill in the gaps of legislation. Rather, they represent an agency's interpretation of a
statute's meaning.
Interpretative rules - CORRECT ANSWER are used to inform the public of how the
agency intends to implement and enforce a statute, based upon its understanding of the
statute's meaning and purpose.
Formal rulemaking - CORRECT ANSWER APA RECOGNIZES FORMAL, INFORMAL
AND EXEMPTED
notice of proposed rulemaking - CORRECT ANSWER The APA requires that the notice
include "either the terms or substance of the proposed rule or
Section 551(4) of the APA defines a rule - CORRECT ANSWER as the whole or part of
an agency
LEGISLATIVE RULES - CORRECT ANSWER PROCEDURAL AND SUBSTANTIVE
Formal rulemaking - CORRECT ANSWER very time consuming, expensive, and
procedurally involved method of rulemaking for agencies. (for scientific and expert
testimony)
Formal rulemaking - CORRECT ANSWER The agency must follow the adjudicatory
procedures that is a trial type hearing and must give notice to the public.
United States v. Florida East Coast Railroad - CORRECT ANSWER
informal - CORRECT ANSWER agency must publish a notice of proposed rulemaking
normally in the Federal Register and it has to give persons the opportunity to participate
in the process. No trial-type hearing is required of the agency. the agency issues its final
rules with a concise statement of its basis and purpose.
concise statement - CORRECT ANSWER the agency must articulate the basic
rationale underlying its decision. (rational relationship test) the agency must identify
Formal & Informal Chart - CORRECT ANSWER
, hybrid - CORRECT ANSWER the addition of a procedural step beyond that required for
informal rulemaking
exempted rulemaking - CORRECT ANSWER military, foreign affairs
negotiated rulemaking - CORRECT ANSWER it is congressionally created hybrid.
Vermont Yankee Nuclear Power Corp - CORRECT ANSWER
Ripeness - CORRECT ANSWER is concerned with maturity--whether a case is
sufficiently mature to be heard by a court.
Scope of review - CORRECT ANSWER Review of agency action is necessary to
prevent abuses. There is a need to defer to an agency's experience and expertise.
Exhaustion of - CORRECT ANSWER remedies is not applicable in criminal cases.
De Novo - CORRECT ANSWER Anew, No defense to agency action decision or
rationale.
Substantial Evidence - CORRECT ANSWER Examine the facts found and conclusions
reached by (sliding scale) an agency. Reviewing court finds substantial evidence.
Arbitrary, Capricious, Abuse of Discretion - CORRECT ANSWER significant deference.
Agency action is presumed valid and affirmed if founded on a rational basis.
Presumption of valid action (A clear error has to occur on the agency's part in order for
this to be affirmed).
De Novo - CORRECT ANSWER most common
Informal agency action - CORRECT ANSWER Abuse of discretion based on the
statute.
Issue of fact - CORRECT ANSWER goes to a jury
Issues of law - CORRECT ANSWER reviewed by the Supreme Court. Motion
Summary Judgement and Motion of Dismiss
Issues of fact - CORRECT ANSWER De Novo (by statute), Substantive (formal
rulemaking and adjudication) and Abuse of discretion (informal adjudication)
Issues of discretion - CORRECT ANSWER We have to ascertain its reviewability
Res Judicata - CORRECT ANSWER A matter adjudged there is a decision, It has 4
elements: previous precedence
