MGT 200 EXAM 1 STUDY GUIDE WITH
COMPLETE SOLUTIONS
_______ are authorized by enabling statutes that give any member of the public at large
who is directly affected by a particular agency action the right to file a court challenge.
a. Citizen suits
b. Public litigation
c. Due process provisions
d. Hearing rights
e. Public provisions - ANSWER-a. Citizen suits
__________ is the agency's decisions concerning when, how, and whom to regulate.
Courts are very deferential to these administrative agency decisions.
a. Licensing oversight
b. Enforcement powers
c. Inspection authority
d. Prosecutorial discretion
e. Enforcement compliance - ANSWER-d. Prosecutorial discretion
_____, roughly defined as the science and philosophy of law, defines several schools of
thought that are used to describe various approaches to the appropriate function of law
and how legal doctrines should be developed and applied.
a. Black's law
b. Jurisprudence
c. Divine law
d. Constitutionality - ANSWER-b. Jurisprudence
A company is considering shutting down one of its plants. In this decision, managers
are ______.
a. key stakeholders
b. tertiary stakeholders
c. labor stakeholders
d. secondary stakeholders
e. primary stakeholders - ANSWER-e. primary stakeholders
A company is considering whether to expand its facilities. If the company has integrated
corporate social responsibility principles, which of the following stakeholders will it
consider when making its decision?
I. Owners of residential property in the neighborhood.
II. Its employees.
III. Its suppliers.
,IV. Its shareholders.
a. II and IV.
b. I, II, III, and IV.
c. III only.
d. II and III.
e. I and IV. - ANSWER-b. I, II, III, and IV.
A federal trial court has issued a ruling. That ruling applies to which of the following?
a. Retroactively to previous parties and all parties in the future cases
b. To the parties in the case, but only for a period of 10 years
c. To the parties in the case, but no one else
d. Retroactively to previous parties
e. To the parties in the case and all parties in future in that state - ANSWER-c. To the
parties in the case, but no one else
A final rule is not invalid for lack of adequate notice if the rule finally adopted is a
______ of the originally proposed rule.
a. normal addition
b. logical-outgrowth
c. radical departure
d. supplemental addendum
e. systematic inclusion - ANSWER-b. logical-outgrowth
A state legislature passes a law that requires all contracts for the sale of goods over
$500 be in writing. The law is a:
a. constitutional amendment.
b. state statute.
c. federal administrative regulation.
d. local ordinance.
e. federal statute. - ANSWER-b. state statute.
A state legislature places a question on the public ballot related to legalization of
marijuana for medicinal use. The legislature then passes a law that bans any
corporation from advertising for or against the ballot question. The basis for this ban is
to ensure that corporations do not have too much influence on the voters. Which of the
following best describes this ban?
a. Constitutional: It advances a legitimate government interest.
b. Constitutional: It does not include any restriction on political speech.
c. Unconstitutional: It violates commercial speech protection set out in Central Hudson
Gas.
d. Unconstitutional: It concerns a question on a public ballot.
, e. Unconstitutional: It violates protection of political speech by corporations set out in
Bellotti. - ANSWER-e. Unconstitutional: It violates protection of political speech by
corporations set out in Bellotti.
A state trial court has issued a ruling. That ruling applies ___________________.
a. to the parties in the case and all parties in the future in that state
b. to the parties in the case but no one else
c. retroactively to previous parties
d. for a period of one year
e. retroactively to previous parties and all parties in the future cases - ANSWER-b. to
the parties in the case but no one else
A statute of limitations is an example of which of the following equitable maxims?
a. Clean hands doctrine.
b. Substance over form.
c. Equity aids the vigilant.
d. Equity looks to the intent rather than the form.
e. Equity will not suffer a wrong without a remedy. - ANSWER-c. Equity aids the vigilant.
A1A Auto Manufacturing is regulated by an administrative agency. Without explanation
or notice, the agency changes its policy, causing A1A to incur significant compliance
costs. A1A may challenge the agency's action if it was __________.
a. not published
b. based on scientific data
c. reasoned
d. arbitrary and capricious
e. unrelated to the agency's goals - ANSWER-d. arbitrary and capricious
Adjudication is a hearing where the government and the private party each presents
evidence in a quasi-judicial setting. Who is the presiding officer to adjudicate the
disputes?
a. Hearing officers
b. Court of appeals judge
c. Administrative law judge
d. Administrative justice
e. District justice - ANSWER-c. Administrative law judge
Administrative agencies derive their authority to make policy and regulate a particular
activity or industry from a(n) ________.
a. constitutional mandate
b. administrative rule
COMPLETE SOLUTIONS
_______ are authorized by enabling statutes that give any member of the public at large
who is directly affected by a particular agency action the right to file a court challenge.
a. Citizen suits
b. Public litigation
c. Due process provisions
d. Hearing rights
e. Public provisions - ANSWER-a. Citizen suits
__________ is the agency's decisions concerning when, how, and whom to regulate.
Courts are very deferential to these administrative agency decisions.
a. Licensing oversight
b. Enforcement powers
c. Inspection authority
d. Prosecutorial discretion
e. Enforcement compliance - ANSWER-d. Prosecutorial discretion
_____, roughly defined as the science and philosophy of law, defines several schools of
thought that are used to describe various approaches to the appropriate function of law
and how legal doctrines should be developed and applied.
a. Black's law
b. Jurisprudence
c. Divine law
d. Constitutionality - ANSWER-b. Jurisprudence
A company is considering shutting down one of its plants. In this decision, managers
are ______.
a. key stakeholders
b. tertiary stakeholders
c. labor stakeholders
d. secondary stakeholders
e. primary stakeholders - ANSWER-e. primary stakeholders
A company is considering whether to expand its facilities. If the company has integrated
corporate social responsibility principles, which of the following stakeholders will it
consider when making its decision?
I. Owners of residential property in the neighborhood.
II. Its employees.
III. Its suppliers.
,IV. Its shareholders.
a. II and IV.
b. I, II, III, and IV.
c. III only.
d. II and III.
e. I and IV. - ANSWER-b. I, II, III, and IV.
A federal trial court has issued a ruling. That ruling applies to which of the following?
a. Retroactively to previous parties and all parties in the future cases
b. To the parties in the case, but only for a period of 10 years
c. To the parties in the case, but no one else
d. Retroactively to previous parties
e. To the parties in the case and all parties in future in that state - ANSWER-c. To the
parties in the case, but no one else
A final rule is not invalid for lack of adequate notice if the rule finally adopted is a
______ of the originally proposed rule.
a. normal addition
b. logical-outgrowth
c. radical departure
d. supplemental addendum
e. systematic inclusion - ANSWER-b. logical-outgrowth
A state legislature passes a law that requires all contracts for the sale of goods over
$500 be in writing. The law is a:
a. constitutional amendment.
b. state statute.
c. federal administrative regulation.
d. local ordinance.
e. federal statute. - ANSWER-b. state statute.
A state legislature places a question on the public ballot related to legalization of
marijuana for medicinal use. The legislature then passes a law that bans any
corporation from advertising for or against the ballot question. The basis for this ban is
to ensure that corporations do not have too much influence on the voters. Which of the
following best describes this ban?
a. Constitutional: It advances a legitimate government interest.
b. Constitutional: It does not include any restriction on political speech.
c. Unconstitutional: It violates commercial speech protection set out in Central Hudson
Gas.
d. Unconstitutional: It concerns a question on a public ballot.
, e. Unconstitutional: It violates protection of political speech by corporations set out in
Bellotti. - ANSWER-e. Unconstitutional: It violates protection of political speech by
corporations set out in Bellotti.
A state trial court has issued a ruling. That ruling applies ___________________.
a. to the parties in the case and all parties in the future in that state
b. to the parties in the case but no one else
c. retroactively to previous parties
d. for a period of one year
e. retroactively to previous parties and all parties in the future cases - ANSWER-b. to
the parties in the case but no one else
A statute of limitations is an example of which of the following equitable maxims?
a. Clean hands doctrine.
b. Substance over form.
c. Equity aids the vigilant.
d. Equity looks to the intent rather than the form.
e. Equity will not suffer a wrong without a remedy. - ANSWER-c. Equity aids the vigilant.
A1A Auto Manufacturing is regulated by an administrative agency. Without explanation
or notice, the agency changes its policy, causing A1A to incur significant compliance
costs. A1A may challenge the agency's action if it was __________.
a. not published
b. based on scientific data
c. reasoned
d. arbitrary and capricious
e. unrelated to the agency's goals - ANSWER-d. arbitrary and capricious
Adjudication is a hearing where the government and the private party each presents
evidence in a quasi-judicial setting. Who is the presiding officer to adjudicate the
disputes?
a. Hearing officers
b. Court of appeals judge
c. Administrative law judge
d. Administrative justice
e. District justice - ANSWER-c. Administrative law judge
Administrative agencies derive their authority to make policy and regulate a particular
activity or industry from a(n) ________.
a. constitutional mandate
b. administrative rule
