MIE 305 Exam 2 - NCSU Kuzenski Questions and Answers
Question 1
Informal Adjudication
Correct Answer
Means either: 1) Congress has not created any procedural requirements or 2) Congress requires a few procedures. Even
when not specified, constitutional due process must be provided. Agencies are free to create their own process as long
as basic due process rules are followed.
Question 2
independent agencies
Correct Answer
government organizations independent of the departments but with a narrower policy focus
- I.e. USPS
Question 3
Freedom of Information Act (1966)
Correct Answer
Gives all citizens the right to inspect all records of federal agencies except those containing military, intelligence, or trade
secrets; increases accountability of bureaucracy
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,Question 4
Executive Agencies
Correct Answer
Federal agencies that are part of the executive branch but outside the structure of cabinet departments. Their heads
typically serve at the pleasure of the president and can be removed at the president's discretion.
Question 5
Nominal Damages
Correct Answer
A small monetary award (often one dollar) granted to a plaintiff when no actual damage was suffered.
Question 6
Rulemaking
Correct Answer
The process by which an administrative agency formally adopts a new regulation or amends an old one.
1) publication of proposed rule in the Federal Register 2) mandatory hearing (agency makes presentations, witnesses,
cross-exam, evidence) 3) a report is issued by the agency based on the record created at hearing 4) agency withdraws,
restudies, amends, or proceeds with current draft- final rule in Federal Register
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, Question 7
Administrative Agency
Correct Answer
A federal or state government agency created by the legislature to perform a specific function, such as to make and
enforce rules pertaining to the environment.
Question 8
Interference with business relationship
Correct Answer
Same as interference w/ contract but does not existence of contract., just that the tortfeasor was aware of economic
benefit
Question 9
Kassel v. Consolidated Freightways Corp.
Correct Answer
Under the principle of the Dormant Commerce Clause, a state law that heavily burdens interstate commerce while only
marginally furthering a state health and safety purpose is unconstitutional.
Question 10
Annapolis Convention
Correct Answer
Sept. 1786 5 States agreed on amending the articles of confederation
Page 3 of 19
Question 1
Informal Adjudication
Correct Answer
Means either: 1) Congress has not created any procedural requirements or 2) Congress requires a few procedures. Even
when not specified, constitutional due process must be provided. Agencies are free to create their own process as long
as basic due process rules are followed.
Question 2
independent agencies
Correct Answer
government organizations independent of the departments but with a narrower policy focus
- I.e. USPS
Question 3
Freedom of Information Act (1966)
Correct Answer
Gives all citizens the right to inspect all records of federal agencies except those containing military, intelligence, or trade
secrets; increases accountability of bureaucracy
Page 1 of 19
,Question 4
Executive Agencies
Correct Answer
Federal agencies that are part of the executive branch but outside the structure of cabinet departments. Their heads
typically serve at the pleasure of the president and can be removed at the president's discretion.
Question 5
Nominal Damages
Correct Answer
A small monetary award (often one dollar) granted to a plaintiff when no actual damage was suffered.
Question 6
Rulemaking
Correct Answer
The process by which an administrative agency formally adopts a new regulation or amends an old one.
1) publication of proposed rule in the Federal Register 2) mandatory hearing (agency makes presentations, witnesses,
cross-exam, evidence) 3) a report is issued by the agency based on the record created at hearing 4) agency withdraws,
restudies, amends, or proceeds with current draft- final rule in Federal Register
Page 2 of 19
, Question 7
Administrative Agency
Correct Answer
A federal or state government agency created by the legislature to perform a specific function, such as to make and
enforce rules pertaining to the environment.
Question 8
Interference with business relationship
Correct Answer
Same as interference w/ contract but does not existence of contract., just that the tortfeasor was aware of economic
benefit
Question 9
Kassel v. Consolidated Freightways Corp.
Correct Answer
Under the principle of the Dormant Commerce Clause, a state law that heavily burdens interstate commerce while only
marginally furthering a state health and safety purpose is unconstitutional.
Question 10
Annapolis Convention
Correct Answer
Sept. 1786 5 States agreed on amending the articles of confederation
Page 3 of 19
