1. In the event of an irreconcilable conflict between federal law and state or local law, the ______ Clause of the United States Constitution provides that ______ law will preempt ______ law, rendering the latter unconstitutional.

• Supremacy; federal; state or local
• Commerce; federal; state or local
• Commerce; state or local; federal
• Supremacy; state or local; federal

2. What was the United States Supreme Court's holding inTennessee Wine and Spirits Retailers Association v. Tennessee Alcoholic Beverage Commission?

• Executive and judicial
• Executive and independent
• Legislative and independent
• Legislative and executive

3. Today, approximately what percent of workers in the United States need an occupational license to practice their profession?

• Twenty-five (25)
• Thirty-five (35)
• Fifty (50)
• Forty-five (45)

4. The United States Congress creates an independent agency via ______ legislation which grants the agency ______ authority to regulate specified segments of American life.

• jurisdictional; minimal
• enabling; substantial
• territorial; minimal
• executive branch; substantial

5. Which of the following are the two (2) kinds of federal administrative agencies?

• Legislative and independent
• Legislative and executive
• Executive and judicial
• Executive and independent

6. Which of the following was not a federal administrative agency created in response to the Great Depression?

• The Securities and Exchange Commission (SEC)
• The National Labor Relations Board (NLRB)
• The Federal Communications Commission (FCC)
• The Food and Drug Administration (FDA)

7. Administrative law technically addresses the entire ______ branch(es) of government.

• legislative
• judicial
• executive
• three (3)

8. Which of the following federal regulatory agencies was not created by the United States Congress in the 1970s?

• The Environmental Protection Agency (EPA)
• The Occupational Safety and Health Administration (OSHA)
• The National Labor Relations Board (NLRB)
• The Consumer Product Safety Commission (CPSC)

9. CartMed, Incorporated, a non-prescription drug manufacturer, is directed by the Office of National Drug Control Policy (ONDCP) to refrain from manufacturing children's cough syrup that exceeds twenty (20) percent alcohol content. The ONDCP's regulatory authority falls under which of the following categories?

• Control of information
• Control of standards
• Control of rates
• Control of cost

10. Internal Revenue Service (IRS) regulations are an example of _____ rules.

• procedural
• legislative
• judicial
• interpretive

11. The Administrative Procedure Act (APA) provides for both ______ and ______ rule-making processes for legislative rules.

• primary; secondary
• formal; informal
• actual; virtual
• conditional; unconditional

12. Which of the following rules offer an administrative agency's view of the law for which the agency has administrative responsibility?

• Interpretive rules
• Legislative rules
• Procedural rules
• Substantive rules

13. The National Highway Traffic Safety Administration (NHTSA) issued a rule requiring all new vehicles under 10,000 pounds to have rear visibility technology (typically, backup cameras) by 2018. This rule is an example of an administrative agency's application of its ______ rules.

• legislative
• interpretive
• judicial
• procedural

14. Which of the following is an example of an executive function performed by a federal administrative agency?

• Creating rules that are, in effect, laws
• Enacting industry-specific safety standards for workers
• Regulating the banking industry
• Enacting enabling legislation

15. Which of the following is correct regarding judicial review of administrative agency rules and orders?

• Agency rules and orders are rarely challenged in court.
• Courts can address only specific agency actions raised in cases presented to them.
• Historically, courts have taken a broad, interventionist approach to judicial review of agency rules and orders.
• Frequently open judicial calendars act as a natural accelerant to activist judicial review of agency rules and orders.