ADMINISTRATIVE LAW FINAL EXAM
QUESTIONS & EXACT ANSWERS
RATED 100% CORRECT
Non Delegation Doctrine Rule - CORRECT ANSWER 1) character of assistance is
fixed 2) and intelligible principle
Non Delegation Doctrine Test - CORRECT ANSWER 1) identified general policy 2)
identified agency 3) described boundaries of authority
Appointment Power - CORRECT ANSWER Morrison v. Olson - appointments by the
President, the Courts, or the Heads of Departments are valid if they are inferior officers.
Appointment Power Rule - CORRECT ANSWER Principal Officer - officers directly
appointed by the president must be approved by the senate
Lower Level Officers - can be removed by higher officer, limited duties, limited
jurisdiction, limited tenure
Judges Appointment Case - CORRECT ANSWER Northern Pipeline v. Marathon -
Judges should be politically independent, the legislature should not have the ability to
remove or decrease their salaries.
APA 702 - CORRECT ANSWER Standing - a person suffering legal wrong because of
agency action is entitled to judicial review
Basis for Judicial Review - CORRECT ANSWER 1) Agency action withheld or delayed
2) Decision was arbitrary or capricious
3) Agency abused discretion
4) Decision not in accordance with the law
5) Decision contrary to constitution
6) In excess of statutory authority
APA 704 - CORRECT ANSWER Judicial Review Available, by statute or where there is
no other adequate remedy in a court.
APA 701 - CORRECT ANSWER Judicial Review is Unavailable, when statute
precludes review or when agency action is committee to agency discretion by law.
APA 706 - CORRECT ANSWER Invalid Agency Action, should be held unlawful and
set aside if:
, 1) contrary to constitution
2) In excess of statutory authority
3) Is taken without observance of procedural requirements
Court must review whole record but not beyond the record or with information not
presented the time the decision was made.
Agency Action Review Tests - CORRECT ANSWER 1) Arbitrary and Capricious Test
2) Substantial Evidence Test
3) De Novo Review
Arbitrary and Capricious Test - CORRECT ANSWER Decisions that are arbitrary,
capricious, and not in accordance with the law
Substantial Evidence Test - CORRECT ANSWER Decisions unsupported by the
substantial evidence test, the review is made on the record of the agency hearing (what
a reasonable person would accept as adequate)
De Novo Review - CORRECT ANSWER The court can only consider reasoning stated
in the record for its actions, post hoc rationalizations are not permitted (unless the
agency relied on witness credibility)
Adjudicative facts - CORRECT ANSWER Facts presented at a hearing by a party
based on a particular situation.
Legislative facts - CORRECT ANSWER Scientific facts a policy is based on a factual
condition.
Procedural Due Process - CORRECT ANSWER Intentional individualized deprivation
of a remedy
Procedural Due Process Test - CORRECT ANSWER Goldberg Factors
1) Adequate notice
2) Opportunity to be heard
3) Impartial decision maker
4) Decision with statement of reason
Policy-making Procedures - CORRECT ANSWER Adjudication
Rule Making
Adjudication - CORRECT ANSWER Licensing Proceedings and Orders on or against
regulated parties
APA 556 - CORRECT ANSWER Hearings (Adjudication) - procedure governing
hearings for formal rulemaking, licensing, and orders
QUESTIONS & EXACT ANSWERS
RATED 100% CORRECT
Non Delegation Doctrine Rule - CORRECT ANSWER 1) character of assistance is
fixed 2) and intelligible principle
Non Delegation Doctrine Test - CORRECT ANSWER 1) identified general policy 2)
identified agency 3) described boundaries of authority
Appointment Power - CORRECT ANSWER Morrison v. Olson - appointments by the
President, the Courts, or the Heads of Departments are valid if they are inferior officers.
Appointment Power Rule - CORRECT ANSWER Principal Officer - officers directly
appointed by the president must be approved by the senate
Lower Level Officers - can be removed by higher officer, limited duties, limited
jurisdiction, limited tenure
Judges Appointment Case - CORRECT ANSWER Northern Pipeline v. Marathon -
Judges should be politically independent, the legislature should not have the ability to
remove or decrease their salaries.
APA 702 - CORRECT ANSWER Standing - a person suffering legal wrong because of
agency action is entitled to judicial review
Basis for Judicial Review - CORRECT ANSWER 1) Agency action withheld or delayed
2) Decision was arbitrary or capricious
3) Agency abused discretion
4) Decision not in accordance with the law
5) Decision contrary to constitution
6) In excess of statutory authority
APA 704 - CORRECT ANSWER Judicial Review Available, by statute or where there is
no other adequate remedy in a court.
APA 701 - CORRECT ANSWER Judicial Review is Unavailable, when statute
precludes review or when agency action is committee to agency discretion by law.
APA 706 - CORRECT ANSWER Invalid Agency Action, should be held unlawful and
set aside if:
, 1) contrary to constitution
2) In excess of statutory authority
3) Is taken without observance of procedural requirements
Court must review whole record but not beyond the record or with information not
presented the time the decision was made.
Agency Action Review Tests - CORRECT ANSWER 1) Arbitrary and Capricious Test
2) Substantial Evidence Test
3) De Novo Review
Arbitrary and Capricious Test - CORRECT ANSWER Decisions that are arbitrary,
capricious, and not in accordance with the law
Substantial Evidence Test - CORRECT ANSWER Decisions unsupported by the
substantial evidence test, the review is made on the record of the agency hearing (what
a reasonable person would accept as adequate)
De Novo Review - CORRECT ANSWER The court can only consider reasoning stated
in the record for its actions, post hoc rationalizations are not permitted (unless the
agency relied on witness credibility)
Adjudicative facts - CORRECT ANSWER Facts presented at a hearing by a party
based on a particular situation.
Legislative facts - CORRECT ANSWER Scientific facts a policy is based on a factual
condition.
Procedural Due Process - CORRECT ANSWER Intentional individualized deprivation
of a remedy
Procedural Due Process Test - CORRECT ANSWER Goldberg Factors
1) Adequate notice
2) Opportunity to be heard
3) Impartial decision maker
4) Decision with statement of reason
Policy-making Procedures - CORRECT ANSWER Adjudication
Rule Making
Adjudication - CORRECT ANSWER Licensing Proceedings and Orders on or against
regulated parties
APA 556 - CORRECT ANSWER Hearings (Adjudication) - procedure governing
hearings for formal rulemaking, licensing, and orders
