ADMINISTRATIVE LAW FINAL EXAM
QUESTIONS & ELABORATED (DETAILED)
COMPLETE PASSED ANSWERS
1. DeShaney v.
1. Father's 2nd wife filed complaint of abuse at time of
Winnebago County
divorce
Department of So- cial
2. Notified by hospital of injuries consistent with abuse
Services (1989)
3. Emergency room report of suspicious injuries
What are the
- Caseworker denied access to child on next two visits to
critical events in
home.
this case?
4. Joshua beaten so badly he fell into a coma
2. What is the concept
A principle allowing courts to protect certain fundamental
of substantive due
rights from government interference, even if procedural
process? Where is it
found? protections are present or the rights are not specifically
mentioned elsewhere in the US Constitution.
It is found in the 14th Amendment.
3. According to the Protects people from government.
court, substantive
due process protects
from harm inflict- ed by
what actors?
Does not guarantee safety from private actors
4. Which actors are not
cov- ered by
substantive due
process? A protective right that the government possesses.
Example: You can't sue the police for not preventing every
5. What is an crime.
affirmative right?
Precedents involving prisoners and those involuntarily
6. Under what circum- committed to
stances does the court say state institutions.
that an affirmative right to - If state deprives someone of liberty to care for
1/
31
,ADMINISTRATIVE LAW FINAL EXAM
QUESTIONS & ELABORATED (DETAILED)
COMPLETE PASSED ANSWERS
themselves, it be-
government aid exists (or comes obligated to ensure reasonable safety and access
to medical
a positive obligation is cre- care.
ated) - Substantive due process
? Another possible answer: State actions may create obligation
under state tort laws.
2/
31
,ADMINISTRATIVE LAW FINAL EXAM
QUESTIONS & ELABORATED (DETAILED)
COMPLETE PASSED ANSWERS
7. What argument is If state provides only source of relief, it takes on positive
pre- sented by the obligation
dissenters? -All child abuse cases in Wisconsin channeled through
DDS (forces all other actors to deter to DDS)
-Argues that system potentially makes children worse ott if
DDS fails to carry out responsibility
-Inaction can be as harmful as action
8. United States v.
The Federal Home Loan Bank System was created by the
Gaubert (1991)
Feder- al Home Loan Bank Act as a government
What is the Federal
sponsored enterprise to
Home Loan Bank
support mortgage lending and related community
Board? Why was it
investment. The board was created in 1932 and governed
created?
the Federal Home Loan Banks (FHLB or FHLBanks).
9. How extensive was
the S&L crisis of Failure of almost 1/3 of S&L institutions between 1986-1995
the
1980s-1990s?
10. What was the basis for the Gaubert filed suit for $100 million under FTCA, claiming
negligence
lawsuit in this case?
11. What actions were
or- dered by the
FHLB?
12. What actions are
13.
exempt from FTCA
lawsuits?
3/
31
, ADMINISTRATIVE LAW FINAL EXAM
QUESTIONS & ELABORATED (DETAILED)
COMPLETE PASSED ANSWERS
HLB-D oflcials in operational management
of IASA
1. Investigation into IASA Chairman
& primary shareholder
2. Ettort to merge Independent
Savings Association with a failing
S&L
1. Following course of action
specifically prescribed by statute
-No discretion has been granted
under these circumstances
-FTCA suits allowed when personnel
fail to obey specific require- ments
2. Discretionary function exception
-Covers actions that involve an
element of judgement or choice
-Cover "only governmental actions
and decisions based on consid-
eration of public policy"
4/
31
QUESTIONS & ELABORATED (DETAILED)
COMPLETE PASSED ANSWERS
1. DeShaney v.
1. Father's 2nd wife filed complaint of abuse at time of
Winnebago County
divorce
Department of So- cial
2. Notified by hospital of injuries consistent with abuse
Services (1989)
3. Emergency room report of suspicious injuries
What are the
- Caseworker denied access to child on next two visits to
critical events in
home.
this case?
4. Joshua beaten so badly he fell into a coma
2. What is the concept
A principle allowing courts to protect certain fundamental
of substantive due
rights from government interference, even if procedural
process? Where is it
found? protections are present or the rights are not specifically
mentioned elsewhere in the US Constitution.
It is found in the 14th Amendment.
3. According to the Protects people from government.
court, substantive
due process protects
from harm inflict- ed by
what actors?
Does not guarantee safety from private actors
4. Which actors are not
cov- ered by
substantive due
process? A protective right that the government possesses.
Example: You can't sue the police for not preventing every
5. What is an crime.
affirmative right?
Precedents involving prisoners and those involuntarily
6. Under what circum- committed to
stances does the court say state institutions.
that an affirmative right to - If state deprives someone of liberty to care for
1/
31
,ADMINISTRATIVE LAW FINAL EXAM
QUESTIONS & ELABORATED (DETAILED)
COMPLETE PASSED ANSWERS
themselves, it be-
government aid exists (or comes obligated to ensure reasonable safety and access
to medical
a positive obligation is cre- care.
ated) - Substantive due process
? Another possible answer: State actions may create obligation
under state tort laws.
2/
31
,ADMINISTRATIVE LAW FINAL EXAM
QUESTIONS & ELABORATED (DETAILED)
COMPLETE PASSED ANSWERS
7. What argument is If state provides only source of relief, it takes on positive
pre- sented by the obligation
dissenters? -All child abuse cases in Wisconsin channeled through
DDS (forces all other actors to deter to DDS)
-Argues that system potentially makes children worse ott if
DDS fails to carry out responsibility
-Inaction can be as harmful as action
8. United States v.
The Federal Home Loan Bank System was created by the
Gaubert (1991)
Feder- al Home Loan Bank Act as a government
What is the Federal
sponsored enterprise to
Home Loan Bank
support mortgage lending and related community
Board? Why was it
investment. The board was created in 1932 and governed
created?
the Federal Home Loan Banks (FHLB or FHLBanks).
9. How extensive was
the S&L crisis of Failure of almost 1/3 of S&L institutions between 1986-1995
the
1980s-1990s?
10. What was the basis for the Gaubert filed suit for $100 million under FTCA, claiming
negligence
lawsuit in this case?
11. What actions were
or- dered by the
FHLB?
12. What actions are
13.
exempt from FTCA
lawsuits?
3/
31
, ADMINISTRATIVE LAW FINAL EXAM
QUESTIONS & ELABORATED (DETAILED)
COMPLETE PASSED ANSWERS
HLB-D oflcials in operational management
of IASA
1. Investigation into IASA Chairman
& primary shareholder
2. Ettort to merge Independent
Savings Association with a failing
S&L
1. Following course of action
specifically prescribed by statute
-No discretion has been granted
under these circumstances
-FTCA suits allowed when personnel
fail to obey specific require- ments
2. Discretionary function exception
-Covers actions that involve an
element of judgement or choice
-Cover "only governmental actions
and decisions based on consid-
eration of public policy"
4/
31
