[wpseo_breadcrumb] Questions on administrative law Questions on administrative law Question 1.1. In a class action suit, only those class members who elect to participate actively are entitled to full representation. (Points : 5) True False Question 2.2. Most administrative inspections are regarded as searches under present-day law. (Points : 5) True False Question 3.3. Procedures and formalities in criminal proceedings are generally more relaxed and flexible than those in administrative law. (Points : 5) True False Question 4.4. Most courts hold that administrative agencies may rely solely on hearsay evidence when making a decision. (Points : 5) True False Question 5.5. A request for admission is similar to a deposition. (Points : 5) True False Question 6.6. A person or group that is not a party to a case may file a(n) ___________. (Points : 5) pleading amicus curiae answer subpoena Question 7.7. A person’s status as a taxpayer alone is not sufficient to confer standing to challenge an agency action. (Points : 5) True False Question 8.8. The final stage in the administrative process is the appeal. (Points : 5) True False Question 9.9. Burden of proof consists of two parts: burden of production and burden of persuasion. (Points : 5) True False Question 10.10. Business entities may claim the Fifth Amendment privilege against self-incrimination. (Points : 5) True False Question 11.11. When executing search warrants, law enforcement officers are entitled to _____________ immunity. (Points : 5) limited absolute qualified judicial Question 12.12. The exhaustion of administrative remedies doctrine is founded on the principle that the agency must have an opportunity to correct its own errors before a court intervenes in the matter. (Points : 5) True False Question 13.13. Which of the following is true of collateral estoppel? (Points : 5) The parties in the current and previous proceeding must be identical. The person asserting that an issue is estopped bears the burden of proving that collateral estoppel applies. There must be an identity of issues. A and B only. All of the above Question 14.14. The process by which a nonparty to a case becomes a party by claiming an interest in the case’s outcome is called ______________. (Points : 5) interpleader intervention cross claim notice Question 15.15. For a warrantless inspection to be valid, the following element(s) must be found: (Points : 5) The government must have a substantial interest. The government must have a substantial interest, the inspection must further a substantial interest, and the statutory scheme that substitutes for warrant procedure must be reasonable. The government must have a substantial interest and the statutory scheme that substitutes for warrant procedure must be reasonable. A warrantless inspection is never valid. Question 16.16. Which of the following is not necessary for an agency to require the disclosure of information? (Points : 5) The agency must have subject matter jurisdiction. The disclosure request must be reasonable. The agency must obtain a search warrant. The information requested must not be privileged. Question 17.17. A very small award to a plaintiff who proves his or her case is called _____________ damages. (Points : 5) limited punitive substantive nominal Question 18.18. The doctrine of __________ holds that the government is immune from liability. (Points : 5) separation of powers executive immunity sovereign immunity limited immunity Question 19.19. A prehearing conference is a good source of discovery for the parties in an administrative adjudication. (Points : 5) True False Question 20.20. The APA requires that all decisions include a statement of findings and conclusions. (Points : 5) True False Question 21.21. The standard of proof in administrative law is usually _______________. (Points : 5) beyond a doubt preponderance of the evidence administratively feasible res judicata Question 22.22. Hearsay evidence is defined as “a statement made outside of court, that is offered to prove the matter asserted.” (Points : 5) True False Question 23.23. An order of court requiring someone to take or refrain from taking an action is called a(n)______________. (Points : 5) pleading injunction amicus curiae Question 24.24. The Civil Rights Act of 1871 has been codified as _____________. (Points : 5) 42 USC 1983 42 USC 1871 42 Fed. 2nd 1983 None of the above Question 25.25. The APA contains specific rules regarding privileged communications. (Points : 5) True False Question 26.26. Under the provisions of the APA, all agency actions are reviewable by the courts. (Points : 5) True False Question 27.27. A regulated party may be excused from complying with a reporting requirement if the cost of reporting would be extremely high. (Points : 5) True False Question 28.28. All searches, whether administrative or criminal, are governed by the Fourth Amendment. (Points : 5) True False Question 29.29. Transactional immunity shields an individual from prosecution of all offenses related to the testimony. (Points : 5) True False Question 30.30. In administrative law, the burden of proof is generally on the ___________________. (Points : 5) government accused moving party agency director Question 31.31. When a case is ___________, it has been “thrown out of court.” (Points : 5) remanded adjudicated dismissed appealed Question 32.32. Judges are entitled to absolute immunity when performing administrative acts such as personnel matters. (Points : 5) True False Question 33.33. If an individual or business refuses to provide required information, an agency may issue a ______________. (Points : 5) request for documentation subpoena summons Both b and c Question 34.34. The process of exchanging information between parties prior to trial is called _____________. (Points : 5) investigation deposition discovery pleading Question 35.35. A party to an administrative action has the right to demand a jury. (Points : 5) True False …………Answer preview…………. Question 1.1. In a class action suit, only those class members who elect to participate actively are entitled to full representation. (Points : 5) False ………………………… $10.00 – Purchase Checkout Added to cart
