Political Science Midterm Exam - 620 Verified Questions

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Political Science

Midterm Exam

Course Introduction

Political Science is the systematic study of government, political institutions, processes, behavior, and power structures at the local, national, and international levels. The course explores major political theories, ideologies, comparative politics, policy analysis, and the functioning of political systems. Students will learn to analyze the impact of historical events, public opinion, political parties, interest groups, and global organizations on contemporary governance. The course emphasizes critical thinking, research skills, and the application of political concepts to current events, preparing students to understand and engage in the political processes that shape societies worldwide.

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Administrative Law Bureaucracy in a Democracy 6th Edition by Daniel E. Hall

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11 Chapters

620 Verified Questions

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Chapter 1: Introduction

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Sample Questions

Q1) Administrative law defines the powers,limitations,and _____ of administrativeagencies.

Answer: procedures

Q2) Compare and contrast the different sources of administrative law in the United States.

Answer: The U.S.Constitution establishes many the powers of the national government,specifically the power of Congress to regulate interstate commerce and other matters.The Fifth Amendment and Fourteenth Amendments provide for the protections of due process of law and equal protection of laws.An enabling statute is a law passed by Congress that establishes an agency and sets forth the responsibilities and authority of that agency.The federal Administrative Procedure Act is a comprehensive statute governing the procedures that agencies must follow when performing their functions.An executive order is a declaration issued by the President without the approval of Congress.

Q3) Each of the following was created by the first U.S.Congress except:

A) Department of Health and Human Resources

B) Department of Patents

C) Department of Foreign Affairs

D) Department of War

Answer: A

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Chapter 2: Bureaucracy and Democracy

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Q1) Which article in the U.S.Constitution contains the Necessary and Proper Clause,which provides that Congress may enact all laws necessary and proper to carry out Congress's other enumerated powers?

A) Article I

B) Article II

C) Article III

D) Article IV

Answer: A

Q2) Assuming concurrent jurisdiction,which of the following is not an example of when federal preemption exists?

A) The federal government establishes a comprehensive scheme to regulate the area.

B) Congress expressly preempts the area through legislation.

C) The federal government regulates the area before the state.

D) State law is inconsistent with federal law.

Answer: C

Q3) The Federal Trade Commission is an independent agency.

A)True

B)False

Answer: True

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Page 4

Chapter 3: Agency Discretion

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Q1) Agencies are often charged with the establishment of testing and inspection to monitor legal compliance.Assuming a valid exercise of the agency's discretion,which of the following may be successfully challenged?

A) Whether a test should be conducted

B) The validity or reliability of a test

C) When a test should be performed

D) Where a test is to be performed

Answer: B

Q2) Agency decisions not to act are rarely successfully challenged.

A)True

B)False

Answer: True

Q3) Prosecutorial discretion to plea bargain in criminal cases is constitutionally protectedand therefore valid in all 50 states.

A)True

B)False

Answer: False

Q4) Prosecutorial discretion includes deciding whom to _____ and prosecute. Answer: investigate

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Chapter 4: The Requirement of Fairness

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Q1) 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

Q2) The equal protection clause applies to:

A) state law only regardless of the source

B) federal law only regardless of the source

C) state law and federal law only regardless of the source

D) state law and federal law only in relation to administrative agencies

Q3) Discuss the different questions to determine what must be done to satisfy due process in the cost-benefit analysis before a life,liberty,or property interest may be taken by the government.

Q4) Which test does the United States Supreme Court require to be used when examininglaws involving gender-based classifications?

A) The substantial relationship test

B) The strict scrutiny test

C) The reasonable relationship test

D) The rational relationship test

Q5) Discuss the main three interests protected by the Due Process Clauses.

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Chapter 5: Delegation

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Q1) In the U.S.Supreme Court case _____ decided in 1963,the U.S.Supreme Court upheld delegation of power to the U.S.Secretary of the Interior over water from the Colorado River.

Q2) In Doe v.Bush,the court stated that the nondelegation doctrine had less applicabilityin matters of foreign affairs than it does in domestic affairs.

A)True

B)False

Q3) In the U.S.Supreme Court case _____ decided in 1825,the U.S.Supreme Court upheld a congressional delegation to the courts to make certain rules of operation.

Q4) Congress may delegate the adjudication of public rights to non-Article III courts.

A)True

B)False

Q5) Explain why the U.S.Supreme Court invalidated delegations created by Congress during the Great Depression to confront the serious economic crisis.Cite at least one case to support your answer.

Q6) Private agencies that perform governmental _____ may be treated as government agencies by the courts.

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Page 7

Chapter 6: Agency Rulemaking

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Q1) Rulemaking that involves adding additional requirements to established or customaryrulemaking procedures is called:

A) formal rulemaking

B) informal rulemaking

C) exempted rulemaking

D) hybrid rulemaking

Q2) Agency rules related to gender-based classifications are subject to validation underthe:

A) rational relationship test

B) substantial relationship test

C) coherent analysis test

D) strict scrutiny test

Q3) Generally,rules and rulemaking involve individual claims.

A)True

B)False

Q4) The FDA does not have the authority to regulate tobacco and tobacco products.

A)True

B)False

Q5) Explain the difference between rulemaking and adjudication.

Q6) Explain the differences between formal and informal rulemaking.

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Chapter 7: Agency Investigations and Information Collection

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Q1) The Office of Management and Budget looks at 10 separate elements before it mayestablish a new reporting requirement.

A)True

B)False

Q2) _____ is when agencies require that records be held subject to review by the agency.

Q3) Generally,parallel administrative and criminal proceedings are constitutionallysound.

A)True

B)False

Q4) Explain why the Fourth Amendment is applied differently in administrative context than in the criminal justice context.

Q5) Generally,blood,drug,or urine testing to uncover criminal activity requires _____.

Q6) A restaurant is an example of a closely regulated business.

A)True

B)False

Q7) What are the APA's requirements regarding recordkeeping and reporting?

Q8) ____ is when a record producer is required to provide records to the agency.

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Chapter 8: Formal Adjudications

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Q1) The Supreme Court has held that the states are special litigants for purposes ofestablishing standing.

A)True

B)False

Q2) The APA encourages agencies to use alternative dispute resolution.

A)True

B)False

Q3) Administrative law judges are selected from a list of qualified applicants prepared by the Office of _____ Management,creating a corps of merit-appointed judges.

Q4) Which of the following is not a measure taken to assure ALJ independence?

A) All ALJs are paid the same salary by the government, adjusted only by years of B) ALJs are selected from a list of qualified applicants by the Civil Service Commission.

C) ALJs are assigned to cases using a rotation.

D) ALJs may be removed for good cause only.

Q5) Licensing decisions made by agencies are considered orders.

A)True

B)False

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Chapter 9: Accountability Through Reviewability

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Q1) Agency spending regarding appropriations of lump sum amounts not statutorilyrestricted are generally considered to be committed to the agency's discretion.

A)True

B)False

Q2) In most cases,informal agency actions are subject to:

A) de novo review

B) substantial evidence standard review

C) arbitrary, capricious, abuse of discretion standard review

D) none of the above; these decisions are not subject to review

Q3) Legislative discretion in providing for review is considered an absolute authority.

A)True

B)False

Q4) Under the common law,standing required a showing of:

A) a violation of a legally protected right

B) personal injury

C) financial injury

D) a violation of a legally protected right and/or personal injury

E) personal injury and/or financial injury

Q5) If a statute does not provide for review,_____ review may be available.

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Chapter 10: Accountability Through Accessibility

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Q1) Agency statements of policy and interpretation adopted by the agency but notpublished in the Federal Register must be made available for inspection and copying.

A)True

B)False

Q2) Agencies are required to keep an audio record or transcript of all closed meetings.

A)True

B)False

Q3) The Privacy Act defines _____ use as the use of a record for a purpose compatiblewith the purpose for which it was collected.

Q4) Attorney fees may be awarded to successful litigants under the:

A) FOIA

B) Privacy Act

C) FOIA and Privacy Act

D) none of the above; attorney fees are not recoverable in information and privacy cases

Q5) Describe the three modalities of providing public access to information under theFreedom of Information Act (FOIA).

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Page 12

Chapter 11: Accountability Through Liability

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Q1) Color of law means legal,authorized,or required by the law.

A)True

B)False

Q2) Judges are not immune from prospective injunctive relief.

A)True

B)False

Q3) Official immunity gives public officials ________ immunity for the performance of________ acts.

A) absolute; ministerial

B) qualified; ministerial

C) absolute; discretionary

D) qualified; discretionary

Q4) A lawsuit against an officer in his or her individual capacity is the same as suing thegovernment.

A)True

B)False

Q5) Most government programs are provided with a clear profit motive.

A)True

B)False

Q6) One is subject to § 1983 only if acting under _____ of state law.

Page 13

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