JURI 625 Final Exam

JURI 625 Final Exam

JURI 625 Quiz Comprehensive Final Exam

JURI 625 Final Exam Liberty University

Covers the Learn material from Module 1: Week 1 — Module 8: Week 8.

1. Agencies have a great deal of discretion over whether to regulate and over the
   choice of targets for enforcement action. Ambiguous statutory standards that ) provide an agency with discretion for when to act and against whom to enforce the action can narrow the discretion.
2. The Freedom of Information Act grants the public a right of access to most agency records.
3. This act requires that agencies obtain the approval of the office of Management and Budget before they may initiate new requirements that parties provide information to the agency.
4. 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.
5. The main APA policymaking tools are rulemaking and _____________.
6. Unless a particular statute specifies a different standard, the arbitrary, capricious standard of judicial review applies to judicial review of information (notice and comment) rule making and to review of informal agency action.
7. The Government in the Sunshine Act requires that most agency meetings be closed to the public.
8. The ______________ doctrine holds that Congress may not delegate its legislative power to the President, an agency, or any entity inside or outside of government.
9. This is the equivalent of a cause of action, and involves whether a claim exists that may be brought in a court.
10. This involves whether a particular court has the authority to hear a class of disputes.
11. Although due process may have originally meant simply that government must provide whatever process has been promised in applicable statutes and rules, today due process is understood as requiring procedures considered adequate in light of the interests and issues involved in the adjudication.
12. Property interests protected by the Due Process Clauses are usually created by law external to
13. Congress has institutionalized its oversight rule by establishing the _________________ and granting it broad power to oversee agencies.
14. State and local officials who violate the Constitution or federal statutory law may NOT be sued by parties injured. 42 U.S.C. §1983, prevents parties who are injured by a state and local official from seeking a damages action against officials who violate federal constitutional and legal rights under color of state law.
15. Due process requires _________ and an adjudicatory hearing when agency action affects a particular party and is based on facts specific to the situation
16. of that party. These facts are referred to as “adjudicative facts.”
17. the public _______ analysis of administrative law analyzes regulation from the perspective of the political forces that result in regulation and the structure of agencies, such as how narrow but organized interests seem to capture the attention of agencies while unorganized broad interests such as the public at large have difficulty advancing their interests in the administrative process.
18. Across-the-board drug testing of government employees is constitutionally permissible.
19. The party to challenging a government action must have this.
20. Liberty interests protected by the Constitution are often created by the Constitution itself.
21. Under the Federal Torts Claim Act, the government is liable for negligence torts of government officials if a private party would be liable in tort under state law.
22. Agency enforcement targets sometimes argue against enforcement on the ground that their competitors are committing the same violation that they have been found guilty of, and it is unfair for the agency to single them out for enforcement without bringing enforcement actions against their competitors also. The standard that is applied is highly deferential and challengers rarely prevail. The standard for evaluating such discriminatory enforcement claims is known as:
23. The Constitution directly mentions the “separation of powers.”
24. This action is a judicially created damages action against individual federal government officials for constitutional violations. This action is available unless Congress has designated a substitute for this action or special factors counsel hesitation in the absence of a congressional creation of a federal remedy
25. Citizens’ suit provisions in many regulatory statutes allow injunctive actions against violators (including the government) and mandamus-like actions against the government when the claims involve the government as regulator
26. Administrative law is the branch of law that regulates the exercise of authority –by officials and agencies executing the law under authority granted by the legislature.