Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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1.
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The principle that the
U.S. Supreme Court can declare whether a law is contrary to the Constitution is know
as:
a. | Judicial
review | b. | Writs of judicial appeal | c. | Greater judicial need
doctrine | d. | Common sense doctrine |
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2.
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The Environmental
Protection Agency issued a press release indicating that it will in the future require new pollution
control devices on all factories. An environmental group immediately files suit to invalidate the
regulations. This suit is:
a. | Moot | b. | Not ripe | c. | A political question | d. | Ready to be
resolved |
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3.
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True or False?
Exhaustion of administrative remedies requires that all appeals within an agency be attempted before
the case can be taken to a court.
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4.
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One must have a
personal stake in the outcome of a case and have suffered a legally recognized injury. This
requirement is called:
a. | Mootness | b. | Ripeness | c. | Standing | d. | Political question |
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5.
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Smith, a taxpayer,
files suit when Congress raises the tax on gasoline. This suit:
a. | Lacks
standing | b. | Is a political question | c. | Is moot | d. | None of the
above |
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6.
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The U.S. Supreme Court
has held that welfare benefits are:
a. | A form of
life
| b. | A form of happiness | c. | A form of
property | d. | None of the above |
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7.
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When a federal agency
attempts to take away liberty or property, which amendment of the Constitution is
implicated?
a. | First
Amendment | b. | Fifth Amendment | c. | Fourteenth Amendment | d. | Sixth
Amendment |
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8.
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When a state agency
attempts to take away liberty or property, which amendment of the Constitution is
implicated?
a. | First
Amendment | b. | Fifth Amendment | c. | Fourteenth Amendment | d. | Sixth
Amendment |
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9.
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The principle that even
if a court has the power to hear a case, if the case involves issues that are better decided by an
administrative agency, the court will give the agency the first opportunity to resolve the
issue.
a. | Standing | b. | Mootness | c. | Primary jurisdiction | d. | Ripeness |
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10.
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In general, courts when
exercising judicial review are not supposed to substitute their judgment for that of the
agency.
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11.
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In general, the scope
of review under the APA for a formal action is:
a. | Arbitrary and
capricious | b. | Substantial evidence | c. | De novo | d. | None of the
above |
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12.
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In general, the scope
of review under the APA for an informal action is:
a. | Arbitrary and
capricious | b. | Substantial evidence | c. | De novo | d. | None of the
above |
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