Administrative Law – Cheskis UPDATED ACTUAL Questions and CORRECT Answers
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Administrative Law – Cheskis
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Administrative Law – Cheskis
Administrative Law – Cheskis UPDATED
ACTUAL Questions and CORRECT
Answers
Dr. Jones is an orthodontist with an extensive practice spanning more than 30 years. Recently,
he has been accused by six of his patients of inappropriate touching while they are receiving
orthodontia work from him...
Administrative Law – Cheskis UPDATED
ACTUAL Questions and CORRECT
Answers
Dr. Jones is an orthodontist with an extensive practice spanning more than 30 years. Recently,
he has been accused by six of his patients of inappropriate touching while they are receiving
orthodontia work from him. Which of the following is true?
A. Dr. Jones may be criminally liable for assault
B. Dr. Jones may be civilly liable for the unwanted touching
C. Dr. Jones may have his license to provide orthodontia revoked by the state board of
licensure
D. All of the above - CORRECT ANSWER✔✔- D. All of the above
The Federal Communications Commission (FCC) is headed by a five-member body that
reaches decisions by majority vote, whose members can only be removed for cause, who each
serve five-year staggered terms and are appointed by the President and confirmed by the US
Senate. The FCC, therefore, is:
A. An independent agency and not part of any department
B. An executive agency and part of the President's Cabinet
C. A quasi-independent and executive agency
D. Neither an independent agency nor an executive agency - CORRECT ANSWER✔✔- A.
An independent agency and not part of any department
The first modern federal administrative agency is generally considered to be:
A. The Federal Trade Commission
B. The Interstate Commerce Commission
C. The Nuclear Regulatory Commission
D. The Railroad Commission - CORRECT ANSWER✔✔- B. The Interstate Commerce
Commission
,Jalen Hurts lost power during a storm, and as a result, all of the food in his refrigerator
spoiled. Hurts filed a complaint against PECO, his electric company, with the PA Public
Utility Commission asking for $1k to cover the cost of the spoiled food. The Commission
sustained his complaint and directed PECO to pay Hurts $1k for the spoiled food. On appeal,
the Commonwealth Court reversed the Commission finding that the Commission did not
have the authority to direct PECO to pay Hurts $1k. The actions for the Commissions can be
considered:
A. De facto b/c the Commission made a finding of fact that the food was spoiled
B. Ultra vires because the Commission's action was beyond its conferred powers
C. Ad hoc b/c it was only given as needed
D. Super Bowl 52, 41-33 over the Patriots - CORRECT ANSWER✔✔- B. Ultra vires
because the Commission's action was beyond its conferred powers
The US House Oversight Committee is unhappy with the Supreme Court decision in "INS v.
Chada, 462 U.S. 919 (1983)." In light of "Chada," which of the following is unconstitutional:
A. A law that would make suspensions of deportation ineffective if within 180 days both
houses vote by concurrent resolution to rescind the suspensions.
B. A law that would make suspensions of deportation ineffective if within 180 days both
houses vote for and the President signs a joint resolution to rescind the suspensions
C. A law that would require the AG to submit a proposed suspension of deportation to the
Secretary of State to be ineffective within 180 days if the Secretary vetoes the suspension as
contrary to the foreign interests of the US
D. A law that would rescind the current system and allow the AG to recommend to Congress
suspensions which might be granted by Congress enacting laws suspending deportations. -
CORRECT ANSWER✔✔- A. A law that would make suspensions of deportation ineffective
if within 180 days both houses vote by concurrent resolution to rescind the suspensions.
Under the Congressional Review Act, agencies must submit all new rules to Congress and the
Comptroller General along with a copy of any const-benefit analysis, regulatory flexibility
analysis and an analysis under the Unfunded Mandates Reform Act. Under the act major
rules, those having an annual economic impact of $100M or more, cannot take effect until
60days. This Act was passed in response to:
A. The establishment by the US House of "corrections day" where Congress could fix
agencies mistakes
, B. The establishment of the Independent Regulatory Review Commission
C. The break up of Led Zeppelin in 1980 after the death of John Bonham
D. The Supreme Court finding the Legislative Veto unconstitutional - CORRECT
ANSWER✔✔- D. The Supreme Court finding the Legislative Veto unconstitutional.
Administrative Law Judges (ALJs) at the Federal Trade Commission (FTC) are appointed by
the Chief ALJ and can only be removed for cause. You have been approached by a company
involved in a formal adjudication at the FTC who would like to know whether the case could
be dismissed because the ALJ is an officer who was unconstitutionally appointed or whose
removal restriction is unconstitutional. To make such a successful argument, you should
argue:
A. That the ALJ is a principal officer
B. That the ALJ is an inferior officer
C. That the ALJ is an employer
D. That the ALJ is an employee - CORRECT ANSWER✔✔- A. That the ALJ is a principal
officer.
In "Morrison v. Olsen," 487 U.S. 654 (1988), the Supreme Court established factors for
determining whether an agency officer is "inferior" for purposes of determining the
constitutionality of her appointment and removal. Such factors include:
A. That the officer cannot be removed by a higher Executive branch official
B. That the officer has unlimited jurisdiction
C. That the officer has no "superior" officers in the agency
D. That the officer is empowered by the enabling statute to perform only certain, limited
duties - CORRECT ANSWER✔✔- D. That the officer is empowered by the enabling statute
to perform only certain, limited duties
Shortly after taking office, President Trump signed Executive Order 13, 771 declaring that for
every new regulation an administrative agency wishes to create it must eliminate two existing
regulations. President Trump stated that this order will help businesses start and expand.
President Trump's action is
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