Flag question: Question 3

Question 32pts

If members of one segment of a profession dominate an occupational licensing agency, and they take disciplinary action to eliminate competition from another segment of the profession, the bias due to self-interest in the outcome of the disciplinary action may violate:

Group of answer choices

due process

equal protection

personal rights

free speech

Flag question: Question 4

Question 42pts

If there is no citizens' suit provision in a regulatory statute, a private right of action against a violator for damages may be implied. Because of separation of powers concerns over judicial creation of a cause of action, under current law, federal courts imply the private right of action only when it appears that Congress intended for the private right of action to be available.

Group of answer choices

True

False

Flag question: Question 5

Question 52pts

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:

Group of answer choices

Abuse of discretion

Clear abuse of discretion

Patent abuse of discretion

Obvious abuse of discretion

Flag question: Question 6

Question 62pts

This doctrine requires that certain claims be heard in an agency either before, or instead of, an action in a court.

Group of answer choices

Primary jurisdiction

Secondary jurisdiction

Personal jurisdiction

Subject matter jurisdiction

Flag question: Question 7

Question 72pts

Ratemaking agencies normally must offer hearings before finally setting rates. These decisions hold that the official making the decision must review the evidence in the case and not merely consult with other agency officials who have considered the evidence.

Group of answer choices

Ashbacker

Chevron

Stoner

Morgan

Flag question: Question 8

Question 82pts

When there are competing applications for a new frequency, this decision holds that the FCC may not grant one application without holding a hearing on both, because the Court views the grant of one as effectively denying the other.

Group of answer choices

Ashbacker

Chevron

Stoner

Morgan

Flag question: Question 9

Question 92pts

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.

Group of answer choices

True

False

Flag question: Question 10

Question 102pts

This type of preemption exists when federal law is inconsistent with state law but does not specifically address preemption

Group of answer choices

Implied

Express

Primary

Secondary

Flag question: Question 11

Question 112pts

As with other agencies, the FCC may narrow the scope of its licensing hearings by promulgating regulations that make its general licensing standard more concrete and particular. Under this decision, the FCC may deny a hearing to an applicant whose application clearly does not satisfy a requirement of valid regulation.

Group of answer choices

Ashbacker

Chevron

Stoner

Morgan

Flag question: Question 12

Question 122pts

Due process requires this before an agency can finally impose a penalty:

Group of answer choices

Decision

Agency discretion

Rulemaking

Hearing

Flag question: Question 13

Question 132pts

There are two methods agencies use most often to gather information. These two methods are inspections and ____________.

Group of answer choices

requests for information or documents

requests for rulemaking

requests for adjudication

requests for inspections

Flag question: Question 14

Question 142pts

Across-the-board drug testing of government employees is constitutionally permissible.

Group of answer choices

True

False

Flag question: Question 15

Question 152pts

The central feature of a ratemaking regime is the filing of a tariff, or rate schedule, by the regulated business. This doctrine holds that once filed and approved, filed rates have the status of binding law.

Group of answer choices

Ratemaking doctrine

Filed rate doctrine

Special rate doctrine

Negotiated rate doctrine

Flag question: Question 16

Question 162pts

Practitioners of many occupations are regulated by state authorities through licensing and disciplinary processes. Subjects of disciplinary proceedings involving professional licenses are entitled to due process, but it does not violate due process for legislative prosecutorial, and adjudicatory functions to be combined in a single agency. Which one of the following is NOT an occupation regulated through licensing and disciplinary processes?

Group of answer choices

Doctors

Lawyers

Hairdressers

Retail workers

Flag question: Question 17

Question 172pts

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.

Group of answer choices

True

False

Flag question: Question 18

Question 182pts

If government seeks to reveal trade secrets or other valuable information, the Takings Clause may require it to provide compensation to the party whose information it reveals.

Group of answer choices

True

False

Flag question: Question 19

Question 192pts

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.

Group of answer choices

The Government Waste Elimination Act

The Government Waste Reduction Act

The Paperwork Elimination Act

The Paperwork Reduction Act

Flag question: Question 20

Question 202pts

Often, state law provides parallel remedies that survive the enactment of a federal scheme, but sometimes, under the Supremacy Clause, federal law preempts state law.

Group of answer choices

True

False

Flag question: Question 21

Question 212pts

Which one of the following is the standard for awarding broadcast licenses which gives the FCC a great deal of discretion in licensing proceedings?

Group of answer choices

Public interest, convenience, and discretion

Public interest, convenience, and necessity

Convenience, necessity, and discretion

Convenience, public interest, and discretion

Flag question: Question 22

Question 222pts

This is the process for establishing prices and other terms of service in a regulated industry.

Group of answer choices

Rulemaking

Adjudication

Ratemaking

Negotiation

Flag question: Question 23

Question 232pts

Pervasively regulated businesses, such as establishments serving alcohol and automobile junkyards, may be inspected without warrants as long as the regulatory scheme is supported by a substantial government interest, warrantless searches are necessary to advance the government interest, and the standards governing inspections under the regulatory scheme provide an adequate substitute for the warrant procedure.

Group of answer choices

True

False

Flag question: Question 24

Question 242pts

Enforcement through command and control regulation involves agencies promulgating and enforcing specific commands.

Group of answer choices

True

False

Flag question: Question 25

Question 252pts

This type of preemption arises from a federal statute that specifies the preemptive effect of federal law.

Group of answer choices

Implied

Express

Primary

Secondary

Flag question: Question 3

Question 32pts

If members of one segment of a profession dominate an occupational licensing agency, and they take disciplinary action to eliminate competition from another segment of the profession, the bias due to self-interest in the outcome of the disciplinary action may violate:

Group of answer choices

due process

equal protection

personal rights

free speech

Flag question: Question 4

Question 42pts

If there is no citizens' suit provision in a regulatory statute, a private right of action against a violator for damages may be implied. Because of separation of powers concerns over judicial creation of a cause of action, under current law, federal courts imply the private right of action only when it appears that Congress intended for the private right of action to be available.

Group of answer choices

True

False

Flag question: Question 5

Question 52pts

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:

Group of answer choices

Abuse of discretion

Clear abuse of discretion

Patent abuse of discretion

Obvious abuse of discretion

Flag question: Question 6

Question 62pts

This doctrine requires that certain claims be heard in an agency either before, or instead of, an action in a court.

Group of answer choices

Primary jurisdiction

Secondary jurisdiction

Personal jurisdiction

Subject matter jurisdiction

Flag question: Question 7

Question 72pts

Ratemaking agencies normally must offer hearings before finally setting rates. These decisions hold that the official making the decision must review the evidence in the case and not merely consult with other agency officials who have considered the evidence.

Group of answer choices

Ashbacker

Chevron

Stoner

Morgan

Flag question: Question 8

Question 82pts

When there are competing applications for a new frequency, this decision holds that the FCC may not grant one application without holding a hearing on both, because the Court views the grant of one as effectively denying the other.

Group of answer choices

Ashbacker

Chevron

Stoner

Morgan

Flag question: Question 9

Question 92pts

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.

Group of answer choices

True

False

Flag question: Question 10

Question 102pts

This type of preemption exists when federal law is inconsistent with state law but does not specifically address preemption

Group of answer choices

Implied

Express

Primary

Secondary

Flag question: Question 11

Question 112pts

As with other agencies, the FCC may narrow the scope of its licensing hearings by promulgating regulations that make its general licensing standard more concrete and particular. Under this decision, the FCC may deny a hearing to an applicant whose application clearly does not satisfy a requirement of valid regulation.

Group of answer choices

Ashbacker

Chevron

Stoner

Morgan

Flag question: Question 12

Question 122pts

Due process requires this before an agency can finally impose a penalty:

Group of answer choices

Decision

Agency discretion

Rulemaking

Hearing

Flag question: Question 13

Question 132pts

There are two methods agencies use most often to gather information. These two methods are inspections and ____________.

Group of answer choices

requests for information or documents

requests for rulemaking

requests for adjudication

requests for inspections

Flag question: Question 14

Question 142pts

Across-the-board drug testing of government employees is constitutionally permissible.

Group of answer choices

True

False

Flag question: Question 15

Question 152pts

The central feature of a ratemaking regime is the filing of a tariff, or rate schedule, by the regulated business. This doctrine holds that once filed and approved, filed rates have the status of binding law.

Group of answer choices

Ratemaking doctrine

Filed rate doctrine

Special rate doctrine

Negotiated rate doctrine

Flag question: Question 16

Question 162pts

Practitioners of many occupations are regulated by state authorities through licensing and disciplinary processes. Subjects of disciplinary proceedings involving professional licenses are entitled to due process, but it does not violate due process for legislative prosecutorial, and adjudicatory functions to be combined in a single agency. Which one of the following is NOT an occupation regulated through licensing and disciplinary processes?

Group of answer choices

Doctors

Lawyers

Hairdressers

Retail workers

Flag question: Question 17

Question 172pts

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.

Group of answer choices

True

False

Flag question: Question 18

Question 182pts

If government seeks to reveal trade secrets or other valuable information, the Takings Clause may require it to provide compensation to the party whose information it reveals.

Group of answer choices

True

False

Flag question: Question 19

Question 192pts

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.

Group of answer choices

The Government Waste Elimination Act

The Government Waste Reduction Act

The Paperwork Elimination Act

The Paperwork Reduction Act

Flag question: Question 20

Question 202pts

Often, state law provides parallel remedies that survive the enactment of a federal scheme, but sometimes, under the Supremacy Clause, federal law preempts state law.

Group of answer choices

True

False

Flag question: Question 21

Question 212pts

Which one of the following is the standard for awarding broadcast licenses which gives the FCC a great deal of discretion in licensing proceedings?

Group of answer choices

Public interest, convenience, and discretion

Public interest, convenience, and necessity

Convenience, necessity, and discretion

Convenience, public interest, and discretion

Flag question: Question 22

Question 222pts

This is the process for establishing prices and other terms of service in a regulated industry.

Group of answer choices

Rulemaking

Adjudication

Ratemaking

Negotiation

Flag question: Question 23

Question 232pts

Pervasively regulated businesses, such as establishments serving alcohol and automobile junkyards, may be inspected without warrants as long as the regulatory scheme is supported by a substantial government interest, warrantless searches are necessary to advance the government interest, and the standards governing inspections under the regulatory scheme provide an adequate substitute for the warrant procedure.

Group of answer choices

True

False

Flag question: Question 24

Question 242pts

Enforcement through command and control regulation involves agencies promulgating and enforcing specific commands.

Group of answer choices

True

False

Flag question: Question 25

Question 252pts

This type of preemption arises from a federal statute that specifies the preemptive effect of federal law.

Group of answer choices

Implied

Express

Primary

Secondary