MPA Administrative Law and Regulatory Policy 3

Question 1

Which doctrine holds that courts should not review agency action that is 'committed to agency discretion by law' under APA § 701(a)(2)?

Accepted Answer

Preclusion of judicial review for discretionary actions

Answer

Sovereign immunity doctrine

Answer

Political question doctrine

Answer

Primary jurisdiction doctrine

Question 2

The primary jurisdiction doctrine in administrative law holds that courts should:

Accepted Answer

Defer to agency expertise on technical questions before allowing a case to proceed in court

Answer

Always decide legal questions before agencies address factual ones

Answer

Refuse jurisdiction over any case involving a federal agency

Answer

Apply the same standard of review regardless of agency expertise

Question 3

Under the Due Process Clause, before the government deprives an individual of a protected property or liberty interest, it generally must provide:

Accepted Answer

Notice and an opportunity to be heard at a meaningful time and in a meaningful manner

Answer

A full trial by jury in federal district court

Answer

An act of Congress specifically authorizing the deprivation

Answer

Unanimous cabinet approval of the administrative action

Question 4

What is the 'hard look' doctrine in judicial review of agency rulemaking?

Accepted Answer

Courts conduct a searching inquiry into the agency's reasoning and evidence to ensure it is not arbitrary

Answer

Courts must apply strict scrutiny to all agency actions affecting fundamental rights

Answer

Courts look only at the face of the rule and presume validity

Answer

Courts defer entirely to agency factual findings without independent review

Question 5

An independent regulatory commission differs from an executive agency primarily because:

Accepted Answer

Its commissioners serve fixed terms and can only be removed for cause, insulating it from direct presidential control

Answer

It is funded directly by the industries it regulates without congressional appropriation

Answer

It operates under a single administrator with broad discretionary authority

Answer

Its rules are not subject to APA notice-and-comment procedures

Question 6

The Paperwork Reduction Act (PRA) requires federal agencies to obtain approval from which office before collecting information from the public?

Accepted Answer

Office of Management and Budget (OMB) through OIRA

Answer

Government Accountability Office (GAO)

Answer

Congressional Budget Office (CBO)

Answer

Office of Personnel Management (OPM)

Question 7

Which principle holds that when a federal statute occupies a field of regulation so pervasively that it leaves no room for state supplementation, state laws in that field are preempted?

Accepted Answer

Field preemption

Answer

Express preemption

Answer

Conflict preemption

Answer

Dormant Commerce Clause preemption