JURI625 Quiz Review of Agency Decisions and
Chevron
Score for this quiz: 46 out of 50 *
Question 1
pts
Unless the agency’s particular statute states otherwise, the standard (or
scope) of review of agency action is determined by applying APA:
• §706
Question 2
pts
Chevron applies only to decision made employing “relatively formal
procedures.” When decisions of law are made informally, a lower level of
deference, known as deference, may apply.
• Skimore
Question 3
pts
Based on this doctrine, the federal government remains free to relitigate
issues on which it has lost against a different party.
• Non-mutual collateral estoppel
Question 4
pts
The clarity requirement holds that agencies may act in some
circumstances only under relatively clear rules. It may violate for
an agency to impose punitive measures when the rules under which the
agency is acting are not clear.
• due process
, Question 5
Not yet graded / 2 pts
The author of our textbook provides a Constitutional Standing checklist.
List the five steps.
• Your Answer:
1. Is the plaintiff the regulated party? If so, there is rarely a standing issue.
2. If the plaintiff is not the regulated party, has the plaintiff suffered a concrete and
particularized injury? If so, the plaintiff meets the injury requirement for standing.
3. If the plaintiff has suffered an adequate injury, was the injury caused by (fairly
traceable to) the challenged conduct? If so, the plaintiff meets the causation
element of standing.
4. Will an available judicial remedy redress the injury? If so, the plaintiff meets the
redressability element of standing.
5. Is the plaintiff’s interest in the manner merely abstract, with no personal effects
or involvement? If so, the plaintiff lacks standing.
Question 6
pts
The arbitrary, capricious review is applied to formal adjudication and
formal rule making.
• False
Question 7
pts
This is the equivalent of a cause of action, and involves whether a claim
exists that may be brought in a court.
• Reviewability
Chevron
Score for this quiz: 46 out of 50 *
Question 1
pts
Unless the agency’s particular statute states otherwise, the standard (or
scope) of review of agency action is determined by applying APA:
• §706
Question 2
pts
Chevron applies only to decision made employing “relatively formal
procedures.” When decisions of law are made informally, a lower level of
deference, known as deference, may apply.
• Skimore
Question 3
pts
Based on this doctrine, the federal government remains free to relitigate
issues on which it has lost against a different party.
• Non-mutual collateral estoppel
Question 4
pts
The clarity requirement holds that agencies may act in some
circumstances only under relatively clear rules. It may violate for
an agency to impose punitive measures when the rules under which the
agency is acting are not clear.
• due process
, Question 5
Not yet graded / 2 pts
The author of our textbook provides a Constitutional Standing checklist.
List the five steps.
• Your Answer:
1. Is the plaintiff the regulated party? If so, there is rarely a standing issue.
2. If the plaintiff is not the regulated party, has the plaintiff suffered a concrete and
particularized injury? If so, the plaintiff meets the injury requirement for standing.
3. If the plaintiff has suffered an adequate injury, was the injury caused by (fairly
traceable to) the challenged conduct? If so, the plaintiff meets the causation
element of standing.
4. Will an available judicial remedy redress the injury? If so, the plaintiff meets the
redressability element of standing.
5. Is the plaintiff’s interest in the manner merely abstract, with no personal effects
or involvement? If so, the plaintiff lacks standing.
Question 6
pts
The arbitrary, capricious review is applied to formal adjudication and
formal rule making.
• False
Question 7
pts
This is the equivalent of a cause of action, and involves whether a claim
exists that may be brought in a court.
• Reviewability
