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Q:
The administrative process being overwhelmed with paperwork and with meetings is an issue of administrative agencies that relates to the _____.
A. process followed
B. people involved
C. input of information
D. follow-up investigation
E. substantive outcomes
Q:
Which of the following issues of administrative agencies relates to the substantive outcome of agencies' rule-making and adjudicating authority?
A. It is very difficult to discharge unsatisfactory employees.
B. The reward system usually does not make a significant distinction between excellent, mediocre, and poor performances.
C. The administrative process is overwhelmed with paperwork and with meetings.
D. Enforcement of some laws varies over time.
E. There is often a lack of enforcement procedures to follow up on actions taken to ensure compliance.
Q:
_____ is a court-created rule that limits when courts can review administrative decisions.
A. The doctrine of estoppel
B. the doctrine of exhaustion of remedies
C. The doctrine of lapse
D. the doctrine of primary jurisdiction
E. The doctrine of precedent
Q:
A(n) _____ is designated as such at the time of nomination by the president and is the presiding officer at agency meetings.
A. secretary
B. advisory council
C. general counsel
D. chairperson
E. executive director
Q:
As the member of an agency, a secretary:
A. signs orders and official correspondence.
B. is the presiding officer at agency meetings.
C. represents the agency in court and often makes the decision to file suit or pursue other remedies.
D. supervises usual administrative functions such as accounting, budgeting, and personnel.
E. provide for interaction between regulators and those being regulated.
Q:
Which of the following members of an agency requires Senate approval while being appointed?
A. Secretary
B. Advisory council
C. General counsel
D. Chairperson
E. Executive director
Q:
A(n) _____ has significant impact on policy and is often as powerful as a commissioner or board member.
A. secretary
B. advisory council
C. general counsel
D. chairperson
E. executive director
Q:
Which of the following is true about an advisory council?
A. It is more important than the other agency members because of visibility and the power to appoint staff.
B. It coordinates the activities of the agency with others involved in the regulatory process.
C. It makes the decision to file suit or pursue other remedies.
D. It supervises usual administrative functions such as accounting, budgeting, and personnel.
E. It is not appointed by the agency, even though it is interested in the agency's mission.
Q:
The mere existence of most government programs automatically creates a new agency or expands the functions of an existing one. These agencies are providing _____.
A. specificity
B. expertise
C. protection
D. regulation
E. services
Q:
When agencies exercise their quasi-legislative power by issuing guidelines that have the force and effect of law, they are _____.
A. adjudicating
B. advising
C. rule making
D. investigating
E. determining
Q:
The _____ function involves both fact-finding and applying law to the facts.
A. adjudicating
B. advising
C. rule making
D. investigating
E. determining
Q:
The _____ function of an administrative agency is accomplished by making reports to the president or the Congress.
A. adjudicatory
B. advisory
C. rule making
D. investigatory
E. determinacy
Q:
Which of the following functions allows an agency to gather and compile information concerning the organization and business practices of any corporation or industry engaged in commerce to determine whether there has been a violation of any law?
A. adjudicating
B. advising
C. rule making
D. investigating
E. determining
Q:
Administrative agencies are needed to provide specificity to:
A. refer a problem or area to experts for solution and management.
B. protect the public, especially from the business community.
C. replace competition with regulation.
D. develop detailed rules and regulations to carry out a legislative policy.
E. provide services, having been arisen out of necessity.
Q:
Administrative agencies often provide needed continuity and consistency in the formulation, application, and enforcement of rules and regulations governing business. These agencies are providing _____.
A. specificity
B. expertise
C. protection
D. regulation
E. services
Q:
Business often fails to regulate itself, and the lack of self-regulation is contrary to the public interest. To counterbalance, administrative agencies exist to:
A. refer the problem or area to experts for solution and management.
B. protect the public, especially from the business community.
C. replace competition with regulation.
D. develop detailed rules and regulations to carry out the legislative policy.
E. provide services, having been arisen out of necessity.
Q:
When a firm is given monopoly power, it loses its freedom of contract, and a governmental body is given the power to determine the provisions of its contracts. The government agency is providing _____.
A. specificity
B. expertise
C. protection
D. regulation
E. services
Q:
Administering laws to prohibit distribution of adulterated, misbranded, or unsafe food and drugs is a function of _____.
A. FCC
B. FTC
C. FRB
D. FDA
E. FAA
Q:
Which of the following is a function of Nuclear Regulatory Commission?
A. It protects the public against unreasonable risks of injury associated with consumer products.
B. It ensures all workers a safe and healthy work environment.
C. It regulates civil aviation to provide safe and efficient use of airspace.
D. It administers all laws relating to the environment.
E. It promotes dependable, affordable energy through sustained competitive markets.
Q:
Which of the following protects the public against unreasonable risks of injury associated with consumer products?
A. FCC
B. FTC
C. CPSC
D. EEOC
E. FERC
Q:
_____ regulates interstate and foreign communications by means of radio, television, wire, cable, and satellite.
A. FCC
B. FTC
C. CPSC
D. EEOC
E. FERC
Q:
To prevent multiple taxation of the same property or income of interstate businesses, taxes are _____.
A. monopolized
B. withheld
C. taken
D. disallowed
E. apportioned
Q:
To justify the tax, there must be sufficient contact, connection, tie, or link between the business and the taxing state called the _____.
A. chain
B. nexus
C. cartel
D. band
E. network
Q:
Which of the following types of regulatory authorities issues rules that have an impact of laws?
A. Quasi-judicial
B. Quasi-executive
C. Quasi-legislative
D. Quasi-regulatory
E. Quasi in rem
Q:
In a _____ type of regulatory authority, an agency can make decisions like a court.
A. quasi-judicial
B. quasi-executive
C. quasi-legislative
D. quasi-regulatory
E. quasi in rem
Q:
Which of the following is true about administrative agencies?
A. The actual regulatory activity is performed by administrative agencies.
B. An agency that issues rules having impact of laws is called quasi-judicial.
C. State and local governments do not have agencies.
D. A quasi-legislative makes decisions like a court.
E. Federal government agencies license and regulate intrastate transportation.
Q:
By express language or by comprehensive regulation, Congress shows that it intends to exercise exclusive control over a particular subject matter. This doctrine of interpreting regulation is known as _____.
A. executive privilege
B. separation of powers
C. nondelegation
D. federal preemption
E. concurrent powers
Q:
Which of the following is true about imposition of undue burden?
A. The commerce clause validates state laws involving undue burden on interstate commerce.
B. The commerce clause does not prohibit the imposing of burdens on interstate commerce.
C. The states have no authority to regulate mattes of legitimate local concern.
D. Even if the states regulate matters of legitimate local concern, the interstate commerce will never be affected.
E. The commerce clause, however, invalidates federal laws imposing an undue burden on interstate commerce.
Q:
Which of the following is true about the prohibiting discrimination factor of the commerce clause?
A. The commerce clause prohibits discrimination against intrastate commerce in favor of interstate commerce.
B. Federal government often attempts to aid local business in its competition with interstate business.
C. The commerce clause requires that all regulations be the same for local businesses as for businesses engaged in interstate commerce.
D. A state may place itself in a position of economic isolation from other states.
E. The commerce clause requires that the regulations for foreign trade be same for businesses engaged in local trade.
Q:
In no federal law, a state law is unconstitutional if it:
A. is in irreconcilable conflict with federal law.
B. constitutes any burden on interstate commerce.
C. discriminates against intrastate commerce in favor of interstate commerce.
D. discriminates against interstate commerce in favor of intrastate commerce.
E. is in compromising conflict with the federal law.
Q:
Which of the following is true about limitation on state taxation?
A. Taxes imposed by federal government are subject to the limitations imposed by the commerce clause.
B. Sales or use taxes levied by state and local governments on interstate commerce are exempt from the limitations.
C. Taxation distributes the cost of government among those who receive its benefits.
D. The limitations do not apply to property tax and income tax.
E. Interstate commerce is exempt from state and local taxes.
Q:
A. is the term used to refer to the police powers being limitless.
B. does not allow the state regulation to violate commerce clause.
C. refers to the exclusive Congressional authorization on a matter of trade.
D. comes into focus when the state is acting in the business.
E. permits the state regulation to be arbitrary.
The police powers are not limitless. For example, state regulations must not be arbitrary, capricious, or unreasonable. Furthermore, the state regulation must not violate the commerce clause. These limitations imposed by the U.S. Constitution are referred to as the dormant commerce clause concept.
Q:
Which of the following is true about exclusively federal area of government regulation?
A. It concerns those internal matters where uniformity on a nationwide basis is essential.
B. In this area, state regulation is permitted if the Congress has failed to expressly regulate the area.
C. It concerns those matters that are exclusively within the states' power.
D. It includes intrastate activities that do not have a substantial effect on interstate commerce.
E. It concerns those subjects over which the federal government has preempted the field.
Q:
An exclusively state area of government regulation:
A. concerns those internal matters where uniformity on a nationwide basis is essential.
B. permits state regulation is permitted if the Congress has expressly regulated the area.
C. includes situations in which the federal regulation of a subject matter is not comprehensive enough to preempt the field.
D. includes intrastate activities that do not have a substantial effect on interstate commerce.
E. concerns those subjects over which the federal government has preempted the field.
Q:
Which of the following legislations prohibits any physician the legal right to prescribe controlled substances for the purpose of assisting suicide?
A. ODWDA
B. TADA
C. CSA
D. WDWDA
E. DDNC
Q:
Indirect or direct attempts by state and local governments to regulate foreign commerce to some degree are considered _____.
A. legal
B. ethical
C. unconstitutional
D. immoral
E. constitutional
Q:
Under the regulation of interstate commerce:
A. the states have the exclusive power to commerce that passes across their lines.
B. activities affecting interstate commerce do not come under the power of the deferral government.
C. regulation on any activity is appropriate if it aids interstate commerce.
D. intrastate activities affecting interstate commerce can be regulated only by the state governments.
E. the Congress cannot regulate a local activity.
Q:
The _____ has stated that everyone must have health insurance coverage beginning in 2014.
A. Health Care Act of 2010
B. Health Insurance Portability Act of 1996
C. Healthy American Act of 2007
D. Occupational Safety and Health Act of 1970
E. Affordable Care Act of 2010
Q:
By requiring state legislation and regulation to protect the public's health, safety, morals, and general welfare, _____ give(s) state governments expansive power to regulate business activities.
A. eminent domain
B. Presidential authority
C. commerce clause
D. police powers
E. federal authority
Q:
Which of the following is true about police powers?
A. These powers have given the federal government expansive power to regulate business.
B. The powers sometimes allow the state regulations to be arbitrary.
C. The powers help protect the public's health, safety, morals, and general welfare.
D. The powers allow the state regulation to violate the commerce clause.
E. These powers have no limitations.
Q:
Regulation decreases the cost of government.
Q:
Cost of paperwork contributes the least to the additional costs to the business community.
Q:
The primary focus of policymaking by way of social regulation has been on balancing the costs of the programs with their potential benefits.
Q:
Which of the following is true about regulation of foreign commerce?
A. The power to regulate foreign commerce is vested exclusively in the state governments.
B. The power to regulate foreign commerce is incomplete.
C. The federal government has no right to prohibit foreign commerce entirely.
D. Local governments can never attempt to regulate foreign commerce.
E. The federal may impose restrictions on foreign commerce.
Q:
The chairperson usually signs orders and official correspondence and is responsible for publication of all actions in the Federal Register.
Q:
Any party seeking the judicial review of any administrative agency's decision must be able to prove standing to sue.
Q:
Group of persons with standing to sue includes those who have noneconomic interests.
Q:
The general language used in delegating quasi-judicial authority usually involves grants of substantial discretion to an agency.
Q:
The procedures developed by administrative agencies are less formal than judicial procedures.
Q:
The doctrine of exhaustion of remedies comes into play whenever enforcement of the claim requires the resolution of issues that, under a regulatory scheme, have been placed within the special competence of an administrative body.
Q:
Agencies exercise their quasi-legislative power by issuing rules and regulations that have the force and effect of law.
Q:
When state law is inconsistent or conflicts irreconcilably with the federal statute, it is constitutional.
Q:
An administrative agency of quasi-legislative regulatory authority is empowered to make decisions like a court.
Q:
The Environmental Protection Agency (EPA) regulates civil aviation to provide safe and efficient use of airspace.
Q:
Congress uses more and more general language in stating its regulatory aims and purposes.
Q:
Requiring state legislation and regulation to protect the public's health, safety, morals, and general welfare gives state governments expansive power to regulate business activities.
Q:
The police powers are limitless, sometimes allowing the state government to be arbitrary, capricious, or unreasonable.
Q:
The limitations imposed by the U.S. Constitution are referred to as the dormant commerce clause concept.
Q:
The internal matters where uniformity on a nationwide basis is essential are exclusively the concern of the state.
Q:
When a federal statute preempts a particular area of regulation, the state regulation related to the same subject is void.
Q:
Regulation is considered appropriate if it aids intrastate commerce over interstate commerce.
Q:
The Health Care and Education Reconciliation Act of 2010 requires that everyone have health insurance coverage beginning in 2014.
Q:
The state and local government authority to regulate business activity arises from a concept called the eminent domain.
Q:
The Commerce Clause holds that states cannot impede interstate commerce.
Q:
The power of the federal government includes the persons engaged in interstate commerce but not the activities affecting the interstate commerce.
Q:
Under the Commerce Clause, the Congress is prevented from regulating an activity labeled local or intrastate.
Q:
Intrastate activities affecting the interstate commerce are regulated by the Congress.
Q:
The indirect or direct attempts of the state to regulate imports and exports are unconstitutional.
Q:
The creation of a partnership requires permission from each state in which it does business.
Q:
A common interest in business is one of the satisfying definitional elements of partnership existence.
Q:
The Commerce Clause gives rise to the federal government's power to regulate business activity.
Q:
The Commerce Clause requires analysis of the regulation of commerce among several states.
Q:
The power to regulate foreign commerce is vested exclusively in the state government.
Q:
One of the advantages for a proprietor is that he may transfer the ownership of his proprietorship whenever desired.
Q:
A sole proprietor has limited liability for the obligations of the proprietorship.
Q:
A sole proprietorship is not taxed as an organization.
Q:
Whenever two or more people wish to own a business together, a joint venture is a possible organizational form.
Q:
Partnership is the most easily formed business organization compared to all others.
Q:
A dissolution is any change in the ownership of an organization that changes the legal existence of the organization.
Q:
The failure to consider how to overcome disputes involving managerial control can cause business activities to suffer and the organization to fail.