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Law
Q:
Which of the following is a violation of the Sherman Act?
A. market extension mergers between companies from different fields
B. conglomerate mergers between small companies
C. price fixing agreements between large companies
D. gaining monopoly through the use of franchising agreements
E. gaining monopoly due to the use of patent technology
Q:
Which of the following statements is true of the Sherman Act?
A. The Sherman Act applies only to the sale of goods.
B. Price fixing in the service sector is permitted under the Sherman Act.
C. Maximum-price agreements are illegal, while minimum-price agreements are not illegal.
D. The Sherman Act covers services, including those performed by learned professions.
E. An action is not considered to be price fixing if the prices fixed are fair or reasonable.
Q:
The University of Kay and Kaytech University are bitter cross-town rivals. They compete in everything from sports to academics. Due to decreasing enrollment, the schools make an agreement to give all incoming students free tuition for one semester before raising the existing rates the following semester. This action is most likely to be considered a
A. horizontal agreement in violation of the Sherman Act.
B. vertical agreement in violation of the Sherman Act.
C. tying agreement in violation of the Clayton Act.
D. reciprocal dealing agreement violating the Clayton Act.
E. licensing agreement violating the Clayton Act.
Q:
The president of a bottling company agreed with a competitor to stop discounts to retailers, which earned him a jail sentence. Which of the following is indicated in this scenario?
A. variable pricing
B. product bundling
C. mixed-leader bundling
D. predatory conduct
E. horizontal price fixing
Q:
Vertical price fixing is also called ______.
A. resale price maintenance
B. predatory maintenance
C. linear price fixing
D. express price fixing
E. gold fixing
Q:
The use of ethical standards to avoid restrictions on price fixing is
A. a violation of the Sherman Act.
B. illegal per se under the Clayton Act.
C. legal as long as relative-value scales are used.
D. legal for services.
E. only allowed for healthcare products.
Q:
Which of the following statements is true of the role of state governments in enforcement of antitrust laws?
A. State governments have made all forms of monopolies illegal to create a fair trade environment.
B. State governments have prohibited private parties from bringing civil suits seeking injunction as a means of enforcing antitrust laws.
C. A state high court may allow a company to fix its price as long as the price is low.
D. A state attorney general may bring civil suits for damages under the Sherman Act.
E. State legislators have banned the use of trust agreements.
Q:
In 1914, Congress, recognizing that the Sherman Act needed to be more specific, enacted the ______ as an amendment to the Sherman Act.
A. Clayton Act
B. Fair Credit Billing Act
C. Securities Act
D. Truth in Lending Act
E. Robinson-Patman Act
Q:
The Department of Justice alone has the power to bring criminal proceedings, but it shares its civil enforcement powers with the ______.
A. Federal Trade Commission
B. Treasury Department
C. Department of Revenue and Taxation
D. U.S. Supreme Court
E. Department of Labor
Q:
The ______, announced by the Supreme Court in Standard Oil Co. v. United States, holds that contracts or conspiracies in restraint of trade are illegal only if they constituted undue or unreasonable restraints of trade and that only unreasonable attempts to monopolize are covered by the Sherman Act.
A. rule of per se illegality
B. Parker v. Brown doctrine
C. rule of reason
D. duty-to-deal doctrine
E. Ker-Frisbie doctrine
Q:
The Federal Trade Commission issues industry guides, which must be followed by all industries.
Q:
Trusts are a legal arrangement in which a fiduciary
A. forfeits his or her title to property.
B. benefits from the profits of a company.
C. acts as a bailor to another.
D. provides financial support to another.
E. holds legal title to property for benefit of another.
Q:
List the criticisms of an administrative process relating to procedures.
Q:
What are the criticisms of an administrative process relating to substance?
Q:
What are the costs to a business that are associated with the regulatory process?
Q:
What are the criticisms of an administrative process relating to personnel?
Q:
The Federal Trade Commission has broad, sweeping powers and a mandate to determine what methods, acts, or practices in commerce constitute unfair competition.
Q:
Regulation is a form of taxation. Explain.
Q:
What is the doctrine of primary jurisdiction?
Q:
According to the U.S. Supreme Court, why should broad meaning be given to the concept of standing to sue?
Q:
What are the two constitutional limitations to the delegation of quasi-legislative authority to administrative agencies?
Q:
Explain the difference between the two doctrines that guide courts in the judicial review of administrative agency adjudications.
Q:
What must an administrative agency do for the courts to exercise their function of limited review?
Q:
Explain the responsibilities of a secretary in administrative agencies.
Q:
Explain the issue of reviewability during the judicial review of an administrative agencys decision.
Q:
Explain why delegation of quasi-legislative authority to administrative agencies should be limited.
Q:
How does the executive branch of a government influence the administrative process?
Q:
What are the functions of administrative law judges?
Q:
What is a cease and desist order?
Q:
What is a consent order?
Q:
Explain the significance of the general counsel in an administrative agency.
Q:
What is the role of the executive director in an administrative agency?
Q:
What is immunity?
Q:
Explain advising as a function of administrative agencies.
Q:
What are the basic functions of administrative agencies?
Q:
Administrative agencies are created to provide expertise. Explain.
Q:
How do administrative agencies function to provide protection to the public?
Q:
Regulation is often a substitute for competition. Explain with an example.
Q:
How do administrative agencies function to provide services?
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:
What are administrative agencies? What are the two types of administrative agencies?
Q:
Which of the following is a criticism of the administrative process relating specifically to procedures?
A. The administrative process is devoid of paperwork and meetings.
B. There is too much reinforcement to follow up on actions to ensure compliance.
C. The Peter Principle creates a huge problem in determining the flow of procedures across all levels in the agencies.
D. The rules and regulations of the procedures are written in complex legal language, which laypeople cannot understand.
E. The decision-making process of organizations is speedy thus creating suspicion among the efficacy of those decisions.
Q:
The administrative process can give rise to too much discretionary power, often unstructured, and unchecked. This is a criticism of the administrative process relating to ______.
A. personnel
B. procedures
C. substances
D. management
E. manpower
Q:
Which of the following is an issue of administrative agencies that relates to personnel?
A. The volume of rules adopted by agencies is beyond the ability of the business community to keep up with and comply with.
B. There are so many agencies making regulations directed at the business community that the regulations often overlap and are in conflict.
C. The administrative process is overwhelmed with paperwork and with meetings.
D. The administrative process finds it difficult to discharge unsatisfactory employees.
E. There is often a lack of enforcement procedures to follow up on actions taken to ensure compliance.
Q:
Which of the following statements is true of the judicial review of administrative agencys adjudications?
A. Administrative agencies develop their own rules of procedure unless mandated otherwise by an act of the legislature.
B. Courts and legislative bodies are better than administrative agencies to decide on the rules of procedure and methods of inquiry based on their familiarity with the industry.
C. In reviewing the procedures of administrative agencies, courts have absolute authority to substitute their judgment or their own procedures for those of the agency.
D. Procedures set by the administrative agencies are far more formal than judicial procedures.
E. Administrative agencies are completely restricted by the strict rules of evidence used by courts.
Q:
Which of the following statements is true of the doctrine of exhaustion of remedies?
A. It applies when a claim is originally filed in the courts.
B. It comes into play whenever enforcement of a claim requires the resolution of issues that were placed within the special competence of an administrative body.
C. It is an absolute principle, and courts usually deny parties the right to litigate prior to exhausting administrating remedies.
D. It increases the premature interruption of the administrative process.
E. It allows an agency to discover and correct its own errors, and thus it helps to dispense with any reason for judicial review.
Q:
Which of the following statements is true of primary jurisdiction?
A. It applies when a claim must go in the first instance to an administrative agency.
B. It ensures uniformity and consistency in dealing with matters entrusted to an administrative body.
C. It is inapplicable in cases whenever enforcement of a claim requires the resolution of issues that have been placed within the special competence of an administrative body.
D. It is a court-created rule that limits when courts can review administrative decisions.
E. It is revoked in cases where a claim is originally filed in the courts.
Q:
Which of the following statements is true of the review of rule making?
A. The rule-making function in the administrative process is essentially executive in character.
B. Before a court can find a proposal void, an administrative agency must propose rules within the confines of its grant of power from the legislature.
C. A court will inquire into its wisdom or effectiveness even after deciding that an act of the legislature or the action of an agency is authorized.
D. Political action at polls is excluded from correcting an unwise or an ineffectual law.
E. The scope of the legislature makes it impossible for it to correct an unwise regulation made by an agency in cases where the legislature was responsible for granting the agency such power.
Q:
Which of the following statements is true of delegation of quasi-legislative authority to administrative agencies?
A. The delegation of authority should be general and unlimited to ensure smooth running of the administrative processes.
B. The delegation of authority to an agency must provide that the agencys power to act is limited to areas that are certain.
C. The delegation of authority should contain broad language to avoid confusion in the performance of an action.
D. The delegation of authority involves grant of substantial discretion to the judiciary.
E. The delegation of authority allows courts to interfere with the discretion given to the agency and can substitute their judgment for that of the agency.
Q:
The doctrine of ______ is a court-created rule that limits when courts can review administrative decisions.
A. estoppel
B. exhaustion of remedies
C. lapse
D. primary jurisdiction
E. precedent
Q:
Which of the following doctrines applies when a claim is originally filed in the courts?
A. estoppel
B. the doctrine of exhaustion of remedies
C. the doctrine of lapse
D. primary jurisdiction
E. the doctrine of precedent
Q:
Any party seeking the judicial review of any administrative agencys decision must be able to prove:
A. enabling legislation.
B. immunity.
C. standing to sue.
D. novation.
E. primary jurisdiction.
Q:
Which of the following statements is true of reviewability of an administrative agencys decision?
A. Reviewability of an administrative agencys decision is mandatory as all such decisions are reviewable.
B. The action of the agency is irrelevant in determining the reviewability of an administrative agencys decision.
C. The Federal Administrative Procedure Act excludes judicial review of decisions where the statutes preclude judicial review.
D. The Federal Administrative Procedure Act permits reviewability except in cases where agency action is committed to agency discretion by law.
E. Reviewability of an administrative agencys decision is necessary as preclusion of judicial review by inference is very common.
Q:
Which of the following statements is true of the executive branch of a government?
A. It has no control over the administrative process of an agency.
B. It normally appoints the top officials of an agency with the advice and consent of the legislative branch.
C. It is denied veto power over the statues of the legislatures.
D. It is excluded from making any budget recommendations to the legislative branch.
E. It enacts and creates specific legislations adopted by administrative agencies.
Q:
Which of the following statements is true of the legislature in influencing decisions in an administrative agency?
A. It has the power to limit appropriation of funds to the agency.
B. It cannot abolish an administrative activity.
C. It is beyond its scope to advise and amend procedural requirements for the agencys adjudications.
D. It has very little control over the administrative process of an agency.
E. It takes decisions independently, without any consultation with the executive branch.
Q:
The ______ 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 other agency members because of visibility and the power to appoint staff.
B. It coordinates the activities of an 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 provides for interaction between regulators and those being regulated.
Q:
Which of the following statements is true of the executive director in an administrative agency?
A. The executive director is the chief operating official of an agency and supervises usual administrative functions.
B. The executive director is responsible for the minutes of agency meetings.
C. The executive director is the legal custodian of the records of any meetings.
D. The executive director is responsible for publication of all actions in the Federal Register.
E. The executive director is the chief law officer and legal adviser.
Q:
The ______ is the chief law officer and legal adviser.
A. secretary
B. general counsel
C. chairperson
D. executive director
E. chief judge
Q:
Which of the following statements is true of factors influencing agency decisions?
A. It is ideal that a rule or a regulation be adopted without having to follow the due process of law.
B. Agencies are predominantly politically responsible for their decisions.
C. At public hearings, interested parties are allowed to present evidence in support of, or in opposition to, a proposed rule or regulation.
D. An ineffective means of influencing a quasi-legislative decision of an administrative agency is to participate in the adoption process as such participation is time-consuming and expensive.
E. The advantage of the administrative agencies is that it is free from any control from any branch of the government.
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. policy making
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. makes the decision to file suit or pursue other remedies.
D. supervises usual administrative functions.
E. provides 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:
Which of the following statements is true of a secretary in an administrative agency?
A. A secretary is responsible for the minutes of agency meetings and is legal custodian of its records.
B. A secretary is designated as such at the time of nomination by the president.
C. A secretary is the presiding officer at agency meetings.
D. A secretary is not responsible for agency functions such as signing orders and official correspondence.
E. A secretary is the chief operating official of an agency and supervises usual administrative functions such as accounting.
Q:
Which of the following is a unique agency device generally not available in the judicial system, as courts deal only with actual cases and controversies?
A. limited cross examination
B. advisory opinion
C. formal ruling
D. investigative power
E. subpoena power
Q:
Which of the following statements is true of organization of agencies?
A. Administrative agencies or boards usually consist of 35 or 40 members to ensure transparency in their functioning.
B. Appointees at the federal level are permitted to engage in any other business or employment during their terms.
C. Appointees may be removed by the president for neglect of duty and inefficiency.
D. A simple majority of the members forming the body should belong to a different political party.
E. A secretary is vested with a power to remove an appointee for malfeasance in office.
Q:
The protection administrative law judges receive from liability for damages based on their decisions is called ______.
A. immunity
B. specificity
C. amnesty
D. novation
E. adjudication
Q:
Which of the following statements is true of administrative law judges?
A. They lack immunity for the damages arising from their decisions.
B. They use prior decisions or precedent.
C. They refrain from performing any fact-finding functions.
D. They refrain from hearing cases of alleged law violations.
E. They have the option of either following procedural rules of the agency or its policy directives.
Q:
Administrative law judges are
A. organizationally separate from the rest of the agency.
B. responsible for the minutes of agency meetings and are legal custodians of its records.
C. exempt from the protection of immunity.
D. excluded from hearing cases of alleged law violations.
E. intermediaries between regulators and those being regulated.
Q:
The ______ power of administrative agencies is primarily to investigate, prosecute, advise, and supervise.
A. executive
B. judicial
C. legislative
D. arbitrary
E. preliminary
Q:
The ______ power of administrative agencies is primarily to decide on controversies.
A. executive
B. judicial
C. legislative
D. arbitrary
E. preliminary
Q:
Which of the following federal agencies conducts union certification elections and holds hearings on unfair labor practice complaints?
A. the National Labor Relations Board (NLRB)
B. the Equal Employment Opportunity Commission (EEOC)
C. the Occupational Safety and Health Administration (OSHA)
D. the Federal Reserve Board (FRB)
E. the American Federation of Labor and Congress of Industrial Organizations
Q:
The Securities and Exchange Commission (SEC) primarily functions as a(n) ______ body, which oversees the issue and sale of investment securities.
A. rule-making
B. supervising
C. adjudicating
D. investigating
E. emergency
Q:
The ______ function of an administrative agency may be accomplished by making reports to the president or to Congress.
A. investigating
B. adjudicating
C. advisory
D. rule-making
E. prosecuting
Q:
The ______ function of an administrative agency involves both fact-finding and applying law to the facts.
A. adjudicating
B. advising
C. rule-making
D. investigating
E. policy making
Q:
Which of the following is an order that an agency imposes on a violator to stop an objectionable activity and refrain the violator from any further violations?
A. consent order
B. cease and desist order
C. preliminary order
D. commission order
E. assignment order
Q:
The Federal Reserve Board (FRB) found that Parson Inc., a newly established financial company, had violated banking laws. The company was involved in transactions that were prohibited by the United States government. Along with imposing a hefty fine, the FRB issued an order on Parson to stop the nature of such objectionable transactions and ordered the firm to refrain from indulging in such transactions in the future. This order is an example of a(n) ______.
A. consent order
B. cease and desist order
C. preliminary order
D. commission order
E. assignment order
Q:
Which of the following statements is true of a consent order?
A. It is extremely expensive in comparison to other types of orders.
B. It is commonly known as a commission order.
C. It excludes organizations and nonprofit organizations in its scope.
D. It orders that a violator stop the objectionable activity and refrain from any further similar violations.
E. It requires that the accused individual admit to the jurisdiction of an agency and waive all rights to seek a judicial review.
Q:
Which of the following statements is true of the functionality of agencies providing services?
A. Social Security programs necessitate that there be a federal agency to determine eligibility and pay benefits.
B. The mere existence of most government programs hardly creates any new agency or expands the functions of an existing one.
C. Welfare programs are run easily without being administered by the government.
D. Government agencies often stand as a substitution for competition.
E. Agencies that function to provide services are created out of sheer manpower rather than necessity.