American Government Test Bank
Course Introduction
American Government explores the structure, functions, and processes of the United States government at the federal, state, and local levels. The course examines foundational principles such as federalism, the separation of powers, and checks and balances, while also analyzing the roles of the Constitution, political parties, interest groups, and the media in American political life. Students will gain an understanding of policy-making, civil liberties, and citizen participation, enabling them to critically engage with contemporary governmental issues and develop informed perspectives about the political system in the United States.
Recommended Textbook
Administrative Law Bureaucracy in a Democracy 6th Edition by Daniel E. Hall
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11 Chapters
620 Verified Questions
620 Flashcards
Source URL: https://quizplus.com/study-set/2428
Page 2
Chapter 1: Introduction
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51 Verified Questions
51 Flashcards
Source URL: https://quizplus.com/quiz/48239
Sample Questions
Q1) A lawfully issued executive order has the effect of a statute. A)True
B)False Answer: False
Q2) Administrative law focuses on the substantive laws of administrative agencies. A)True
B)False Answer: False
Q3) The invention of the automobile is one factor that has led to the growth in thenumber of federal administrative agencies.
A)True
B)False Answer: True
Q4) All 50 states have adopted the Model State APA.
A)True
B)False Answer: False
Q5) Administrative law defines the powers,limitations,and _____ of administrativeagencies.
Answer: procedures
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Chapter 2: Bureaucracy and Democracy
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50 Verified Questions
50 Flashcards
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Sample Questions
Q1) In Morrison v.Olson,the U.S.Supreme Court upheld the validity of the ______ statute where a federal prosecutor is charged with investigating and prosecuting a government official.
Answer: independent counsel
Q2) One provision found in Article I,section 8,clause 3 of the U.S.Constitution that has contributed to the growth of federal power is the _____ Clause.
Answer: Commerce
Q3) Explain why the U.S.Supreme Court invalidated the legislative veto in INS v.Chadha.
Answer: The U.S.Supreme Court held that Congress could not bypass the bicameralism requirement (both the House and Senate must pass laws),nor could it remove the president from the process of making laws.The Court took a strict adherence to the doctrine of separation of powers.
Q4) The concept that federal law shall overrule any state or local law is based on:
A) the Necessary and Proper Clause
B) the Bill of Rights
C) the Tenth Amendment
D) the Supremacy Clause
Answer: D
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Page 4
Chapter 3: Agency Discretion
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58 Verified Questions
58 Flashcards
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Sample Questions
Q1) The Federal Mediation and Conciliation Service has no authority to compelarbitration but it is charged,by statute,to encourage arbitration.
A)True
B)False
Answer: True
Q2) Disagreement with an agency's policy decision is not the proper basis for a lawsuit.
A) The ultra vires doctrine
B) Elian's Law
C) The Chevron Doctrine
D) Agency immunity
Answer: C
Q3) As a general rule,the courts are to defer to an agency's _____ ofits congressional mandates.
Answer: interpretation
Q4) The Department of Justice is responsible for enforcing criminal and civil statutes.
A)True
B)False
Answer: False
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Page 5
Chapter 4: The Requirement of Fairness
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63 Verified Questions
63 Flashcards
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Sample Questions
Q1) Evidentiary hearings are not necessary when the central facts of the case are test resultsor other scientific information.
A)True
B)False
Q2) In Goldberg v.Kelly,the U.S.Supreme Court held that welfare recipients have a right to an evidentiary ____ before having their benefits terminated.
Q3) Which of the following is a consideration in due process cost-benefit analysis?
A) Where the hearing is held
B) When the hearing is held
C) What type of hearing is held
D) All of the above
Q4) Under the strict scrutiny test,a law is valid only if it furthers a _____ governmental interest and reasonable alternatives don't exist.
Q5) In Perry v.Sindermann,the court determined that college and university tenure rulesand requirements must be in writing and may not be informal or casually applied for thefaculty to have a legitimate interest or expectation.
A)True
B)False
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Page 6
Chapter 5: Delegation
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) A delegation of legislative authority is constitutional if Congress establishes thenation's fundamental legislative policy and leaves only "gap filling" to the agency.
A)True
B)False
Q2) The _____ principle is the doctrine that requires Congress to provide agencies with legitimate,comprehensible guidelines to limit the authority of the agency whenexercising delegated rulemaking authority.
Q3) Which of the following is not an argument supporting privatization?
A) Government often lacks the expertise to perform certain necessary functions.
B) Privatization increases the size of government.
C) The government often lacks the proper resources to deal with certain emergencies.
D) Private companies are often more productive, reducing government costs.
Q4) If a right did not exist under the common law,Congress may delegate theadjudication of that right to an agency.
A)True
B)False
Q5) Explain why delegation to a private party must serve the public interest.
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Chapter 6: Agency Rulemaking
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55 Verified Questions
55 Flashcards
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Sample Questions
Q1) Adjudication investigates,declares,and enforces liabilities under laws supposedalready to exist.
A)True
B)False
Q2) Generally,rules and rulemaking involve individual claims.
A)True
B)False
Q3) Taxation by Congress creates no due process concerns.
A)True
B)False
Q4) When an agency acts in its quasi-judicial capacity,its behavior is referred to as _____.
Q5) Explain the difference between rulemaking and adjudication.
Q6) The Federal Register Act was amended in 1937 to include the _____,a compilation of federal administrative regulations.
Q7) The FDA does not have the authority to regulate tobacco and tobacco products. A)True
B)False
Page 8
Q8) Agencies may be delegated the responsibility of establishing rates for an industry through _____.
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Chapter 7: Agency Investigations and Information Collection
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58 Verified Questions
58 Flashcards
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Sample Questions
Q1) In the U.S.Supreme Court case _____,the court held that blood and urine testing isinvasive of a person's privacy but that the regulation was valid because the governmentalinterest in protecting the employees and the public from a disaster outweighed theprivacy interests of the employees.
Q2) The Fourth Amendment requires that a ____ authorizing a search be obtained before the search is conducted.
Q3) ____ is when a record producer is required to provide records to the agency.
Q4) The Office of Management and Budget looks at 10 separate elements before it mayestablish a new reporting requirement.
A)True
B)False
Q5) In Skinner v.Railway Labor Executive Ass'n,the court determined that:
A) drug and alcohol testing was not subject to Fourth Amendment requirements because
B) any time that a test is invasive of a person's privacy, the Fourth Amendment C) if testing is being conducted by a private party, the government is said not to be D) the Fourth Amendment imposes probable cause requirements on searches whether they
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Chapter 8: Formal Adjudications
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56 Verified Questions
56 Flashcards
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Sample Questions
Q1) Recusal is the disqualification of a judge or administrative hearing officer because ofbias or interest regarding the case.
A)True
B)False
Q2) Which of the following consists of oral questions answered orally?
A) Depositions
B) Interrogatories
C) Requests for admissions
D) Subpoena
Q3) The Ashbacker Doctrine states that:
A) agencies may conduct separate hearings when two or more parties are competing for
B) an agency must have one consolidated comparative hearing whenever two or more C) burdens of proof in licensing hearings must rise to the level of clear and convincing D) burdens of proof in licensing hearings are required to be a preponderance of the
Q4) Similar to judicial notice,a presiding officer at an agency adjudication maytake ____ notice of facts without any proof of that fact being offered.
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10
Chapter 9: Accountability Through Reviewability
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57 Verified Questions
57 Flashcards
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Sample Questions
Q1) Which of the following is not an essential element to laches?
A) There is a likelihood that the asserting party's claim will be redressed by a favorable
B) The party against whom laches is asserted must have been aware of the right or claim
C) There must have been an unreasonable delay in asserting the claim.
D) The delay in asserting the claim must cause the adverse party to suffer some prejudice.
Q2) _____ is a common law writ issued by a superior tribunal to an inferior tribunal orperson requiring that some action be taken.
Q3) For a case to be considered ripe,the rule that comprises the issue in the case must havebeen applied and injury must have resulted prior to the filing of the case.
A)True
B)False
Q4) Mixed questions of law and fact decided upon by an agency are required under theAPA to be subject to a substantial evidence standard of review.
A)True
B)False
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Chapter 10: Accountability Through Accessibility
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57 Verified Questions
57 Flashcards
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Sample Questions
Q1) Describe the three modalities of providing public access to information under theFreedom of Information Act (FOIA).
Q2) The Trade Secrets Act prohibits the disclosure of trade secrets and related informationby private individuals.
A)True
B)False
Q3) The Freedom of Information Act (FOIA)provides that no fee can be charged for thefirst ___ hours of search time or for the first 100 pages of copying,except for commercialrequesters.
Q4) Federal courts review FIOA cases de novo.
A)True
B)False
Q5) Megan's Law and other sexual predator laws are statutes promulgated in most states that require sex offenders to register with police authorities when they move into a neighborhood.Furthermore,many such statutes require that specific notice be given to occupants in the neighborhood naming the offender and providing his or her picture and address.Discuss the legality of these mandatory disclosure laws with regard to the FOIA and the Privacy Act.
Q6) A fundamental tenet of democracy is____ of government.
Page 12
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Chapter 11: Accountability Through Liability
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55 Verified Questions
55 Flashcards
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Sample Questions
Q1) With exceptions,the Eleventh Amendment generally provides immunity for states from liability in federal courts.
A)True
B)False
Q2) The most common form of privatization involves the jettisoning of a service by agovernment body or agency,with said service then taken on completely by privateindustry.
A)True
B)False
Q3) Law enforcement officers enjoy absolute immunity:
A) when testifying in court
B) during investigations
C) when conducting warrantless searches and arrests
D) all of the above
E) none of the above
Q4) Punitive damages may be awarded in § 1983 actions when the defendant's actions are reckless or malicious.
A)True
B)False
Q5) One is subject to § 1983 only if acting under _____ of state law.
Page 13
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