BUS 404 Stern Final Exam Study Guide Actual Exam Questions 100% Correct Answers Verified 2024 Version
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In the event of an irreconcilable conflict between federal and state law, the Supremacy clause provides
that federal law will preempt state or local law rendering it unconstitutional. (T/F) - True
States cannot regulate insurance as this is solely a federal responsibility. (T/F) - False
Local go...
BUS 404 Stern Final Exam Study Guide |
Actual Exam Questions | 100% Correct
Answers | Verified 2024 Version
In the event of an irreconcilable conflict between federal and state law, the Supremacy clause provides
that federal law will preempt state or local law rendering it unconstitutional. (T/F) - ✔✔True
States cannot regulate insurance as this is solely a federal responsibility. (T/F) - ✔✔False
Local government intervention in business typically involves various licensure requirements. (T/F) -
✔✔True
Administrative law principles are generally applicable to the conduct of state and local governments.
(T/F) - ✔✔False
Agency commissioners are appointed typically for a life term. (T/F) - ✔✔False
Administrative agencies act as pseudo governments, performing purely executive, legislative, and judicial
roles. (T/F) - ✔✔False
Adjudication ordinarily involves standards to be applied to the future conduct of unspecified parties.
(T/F) - ✔✔False
Congress controls agency budgets and thus can encourage or discourage particular agency action. (T/F) -
✔✔True
Federal agency rules and orders cannot be challenged in court. (T/F) - ✔✔False
CartMed Inc., an over-the-counter (OTC) drug manufacturer, is directed by the office of National Drug
Control Policy (ONDCP) to refrain from manufacturing cough syrups that exceed 22 percent alcohol
,content for children below the age of ten. This authority of the ONDCP falls under which of the following
regulatory categories?
A. Control of information
B. Control of rates
C. Control of standards
D. Control of cost - ✔✔C. Control of standards
Identify the type of rules that offer an administrative agency's view of the meaning of those statutes for
which the agency has administrative responsibility.
A. Interpretive rules
B. Legislative rules
C. Procedural rules
D. Substantive rules - ✔✔A. Interpretive rules
Which of the following statements is true of executive functions of federal agencies?
A. They always offer formal advice in response to requests. B. They are empowered to resolve tax
disputes.
C. They do not deal with the compliance with laws and regulations.
D. They hear workers' compensation claims but cannot resolve them. - ✔✔B. They are empowered to
resolve tax disputes.
Which of the following is an example of an executive function performed by a federal agency?
A. Leasing federal lands
B. Enacting procedural rules
C. Regulating internal revenue service
D. Publishing all federal rules and orders daily - ✔✔A. Leasing federal lands
Which of the following statements relates to procedural rules?
A. They define rights and duties, such as crimes and punishments, and civil rights and responsibilities.
B. They impose new duties on affected parties and have the effect of law.
, C. They delineate a federal agency's internal operating structure and methods.
D. They offer a federal agency's view of the meaning of those statutes for which they agency has
administrative responsibility. - ✔✔C. They delineate a federal agency's internal operating structure and
methods.
Federal Trade Commission rules providing for a cooling-off period of three business days within which
the buyer may cancel door-to-door sales contracts are an example of an agency's application of its _____
rules.
A. procedural
B. interpretive
C. legislative
D. substantive - ✔✔C. legislative
Internal Revenue Service regulations are an example of _____ rules. A. substantive B. interpretive C.
legislative D. procedural - ✔✔B. interpretive
Which of the following statements is true of rule-making by agencies? A. The agencies create rules that
resemble laws but do not have the force of laws. B. The federal government provides an online portal
where the public can comment on proposed rules. C. Legislative rules delineate the agency's internal
operating structure and methods. D. Procedural rules are policy expressions having the effect of law. -
✔✔B. The federal government provides an online portal where the public can comment on proposed
rules.
Which of the following statements is true of judicial review of agency rules? A. Review of controversial,
high visibility rules issued by agencies is not common. B. Courts can take a broad approach to judicial
review of such cases. C. Courts cannot overrule the agencies' interpretation of a rule. D. Judges readily
sustain the judgement of the agency where reasonable. - ✔✔D. Judges readily sustain the judgement of
the agency where reasonable.
Which of the following statements is true of the Federal Communications Commission's (FCC) indecency
rules? A. FCC rules increase the prices of cable TV services that broadcast indecent material. B. FCC rules
forbid indecent material on conventional broadcast services when children are likely to be in the
audience. C. FCC rules forbid indecent material on cable networks between 6 pm and 10 am. D. FCC rules
apply to subscription services such as programming delivered via satellite. - ✔✔B. FCC rules forbid
indecent material on conventional broadcast services when children are likely to be in the audience.
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