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Question
Decisions made by agencies are more likely to be reversed than to be accepted by the court on appeal.Answer
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Related questions
Q:
Meetings are to be open to the public under:
a. the Administrative Protection Act.
b. the Sunshine Act.
c. the Freedom of Information Act.
d. none of the above.
Q:
Members of administrative agencies are ordinarily
a. pre-selected.
b. elected.
c. assigned.
d. appointed.
Q:
A consent decree is an informal settlement of an enforcement action brought by an administrative agency.
Q:
In an administrative hearing, an administrative law judge hears the complaint and has the authority to swear witnesses, take testimony, make evidentiary rulings, and make a decision to recommend to the administrative agency heads for action.
Q:
Within the area in which the administrative agency is authorized to make decisions, the agency can be regarded as a specialized court or court of limited jurisdiction.
Q:
Agency investigations of possible violations of agency rules are handled through independent enforcement agencies.
Q:
An administrative agency has the power to investigate, to require persons to appear as witnesses, to require witnesses to produce relevant papers and records, and to bring proceedings against those who violate the law.
Q:
The Federal Register lists all administrative regulations, presidential proclamations, and executive orders on a semiannual basis.
Q:
Administrative agencies never allow members of the industry that is to be regulated to participate in rule-making deliberations.
Q:
The authority of an agency is limited to the technology in existence at the time the agency was created.
Q:
The Administrative Procedure Act is a federal law that establishes the operating rules for administrative agencies.
Q:
The modern administrative agency typically possesses legislative, executive, and judicial powers.
Q:
Unfair competition is controlled by:
a. statutes.
b. administrative agencies.
c. administrative regulations.
d. all of the above.
Q:
Criminal penalties are possible under the Sherman Act.
Q:
The United States Supreme Court generally has held that vertical merger agreements should not automatically be condemned as an unlawful restraint of interstate commerce merely because they create the potential to monopolize it.
Q:
Requiring buyers to purchase one product in order to get another is acceptable practice and not a violation of the Sherman Act.
Q:
A "suggested retail price" is not a violation of the antitrust laws.
Q:
The Clayton Act prohibits price discrimination between different buyers of like commodities when the effect may be to substantially lessen competition.
Q:
Boycotts are always illegal, even when done with good intentions.
Q:
An agreement between real estate brokers to never charge a commission less than 6% is not an example of price fixing.
Q:
The federal government may regulate any area of business to advance the nation's economic needs.
Q:
Freezo Refrigerators are sold by various retailers. Most of the same retailers also sell Icy Refrigerators. The Freezo brand outsells Icy in some stores, but not in others. Freezo has decided to offer secret bonuses and discounts to retailers where the sale of Freezo Refrigerators lags behind the sale of Icy Refrigerators. Freezo sees this action as an advertising ploy to increase market share. Retail stores where Freezo is number one are not eligible for any of these bonuses and discounts. Discuss the implications of Freezo's advertising plan.
Q:
When the effect of an antitrust violation is to raise prices:
a. damages are automatically considered doubled.
b. each plaintiff must sue individually.
c. imprisonment for the guilty is mandatory.
d. the state attorney general may bring a class action suit for damages.
Q:
Tying:
a. is a violation of the Sherman Act.
b. occurs when sellers require buyers to purchase an unwanted product to get a wanted one.
c. both of the above.
d. none of the above.
Q:
Section __________ of the Sherman Act applies to agreements, conduct, or conspiracies to restrain trade, which can consist of price-fixing, typing, and monopolization.
a. A
b. B
c. 1
d. 2
Q:
A person who attempts to monopolize any part of the trade or commerce among the states:
a. is guilty of a misdemeanor.
b. is guilty of a felony.
c. can be fined up to $500,000.
d. none of the above.
Q:
Which of the following is not protected under the privileges and immunities clause?
a. right to go to another state and make a contract
b. right to go to another state and vote in local elections
c. right to go to another state and purchase property
d. right to go to another state and open a business
Q:
Which of the following statements regarding the commerce clause is FALSE?
a. If the federal government establishes safety device regulations for interstate carriers, a state cannot require different devices.
b. States may not use their tax power for the purpose of discriminating against interstate commerce.
c. The commerce clause empowers Congress to regulate interstate commerce, but not commerce with foreign nations.
d. A state cannot refuse to allow an interstate waste collector to conduct business within the state on the grounds that the state already has enough waste collectors.
Q:
When the president negotiates a treaty with a foreign country and submits it to the Senate for approval, the president's action is:
a. an express Constitutional amendment.
b. an amendment by judicial interpretation.
c. an amendment by practice.
d. the power of manifest destiny.
Q:
Judges of the United States:
a. are appointed by the president, with the approval of the Senate.
b. are appointed by the Senate, with the approval of the president.
c. cannot be impeached.
d. are elected by the public.