BESC 367 Exam 1 Questions with All Correct Answers
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Course
BESC 367
Institution
BESC 367
BESC 367 Exam 1 Questions with All Correct Answers
What best defines the diversity of citizenship? - Answer-The option to hear a case in federal court when the opposing parties are from different states
Which of the following best describes the threshold issue of ripeness? - Answer-The requirem...
BESC 367 Exam 1 Questions with All
Correct Answers
What best defines the diversity of citizenship? - Answer-The option to hear a case in
federal court when the opposing parties are from different states
Which of the following best describes the threshold issue of ripeness? - Answer-The
requirement that a decision will impact the parties in the present or near future
Which of the following best describes adjudication? - Answer-The legal process of
resolving a dispute
T/F: The formal rule making process is the legislation that defines the processes to be
followed during the adjudication process. - Answer-False
This act allows citizens to bring claims against the government for improper actions of
administrative agency employees - Answer-The Federal Tort Claim Act
This act requires public access to proposed rules, policy statements, staff manuals, and
policy interpretation. - Answer-Freedom of Information Act
Which of the following is not an example of how the legislative branch limits the "fourth
branch" of government? - Answer-Reverse or modify agency rule making or
adjudication
Which of the following best describes the regulated negotiation model of rule making? -
Answer-The model that seeks to increase structured bargaining among parties
Which of the following best describes the informal model of rule making? - Answer-The
model used when no form is prescribed
Which of the following is a reason why setting compliance requirements can be difficult?
- Answer-They are potential legal challenges from regulated industries or environmental
interest groups, poor economic climate can impact the support of the public
T/F: A captured agency is one that has had its budget slashed by Congress until it
agrees to promulgate a specific regulation. - Answer-False
How many regions does the EPA divide the country into? - Answer-Ten
, Which of the following best describes an advantage of the regulated negotiation model
of rulemaking? - Answer-More likely to be acceptable to the involved parties
Which of the following is a state level agency thats work affects the environment? -
Answer-TCEQ
T/F: Employees that are classified as 'EX' require senate confirmation, which ideally
insulates them from political pressures. - Answer-True
Which of the following best describes the executive powers that are granted to
agencies? - Answer-The power to investigate rule violations
T/F: Appointees to federal agencies must have experience with that agency. - Answer-
False
T/F: The SES is a corps of men and women who administer programs at the top levels
of the federal government. - Answer-True
How is an administrative agency usually established? - Answer-By the Legislative
Branch, via an enabling statute
Under what category of law does environmental law belong to? - Answer-Administrative
Law
T/F: Administrative agencies are entirely independent from the other branches of
government. - Answer-False
Commerce Clause - Answer-Basis for congressional power to establish federal
environmental laws
Federal Supremacy - Answer-Why state agencies or legislatures can impose more
restrictive environmental regulations but not less restrictive than the federal government
Federal Preemption - Answer-Any state law that does not directly conflict with federal
law but is in an area of law in which federal legislation is so pervasive that it is evident
congress intended only federal regulation in that general area
Which statement could be true for something published in 29 CFR? - Answer-It is a
codified rule for the OSHA
Which delineates the powers of the executive branch? - Answer-Article two of the US
Constitution
What is the primary function of the "fourth" branch? - Answer-Promulgates Regulations
What is the primary function of the executive branch? - Answer-Enforces laws
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