Which of the following is NOT a justification for regulation?
Group of answer choices
A. Markets function best without any interference.
B. Regulation can promote social values such as fairness and equity.
C. Regulation can make markets more efficient.
D. Regulation can improve competition in the marketplace.
which of the following is an example of an agency that administers an entitlement program?
Group of answer choices
A. Department of Defense
B. Social Security Administration
C. Department of Justice
D. Department of the Interior
Determining whether a given individual is eligible for Veteran’s Benefits is an example of which of the following agency actions?
Group of answer choices
A. Rulemaking
B. Investigation
C. Adjudication
D. Enforcement
If the Department of Labor issues a regulation implementing the Fair Labor Standards Act after going through notice and comment procedures, that is an example of:
Group of answer choices
A. Adjudication
B. Investigation
C. Rulemaking
D. Enforcement
If the Environmental Protection Agency (EPA) examines a company’s activities that have contaminated water sources, that is an example of:
Group of answer choices
A. Rulemaking
B. Adjudication
C. Investigation
D. Enforcement
Which of the following is a legislative rule?
Group of answer choices
A. Policy statement
B. Interpretive rule
C. Guidance document
D. Regulation that went through notice and comment
Which of the following is not part of the rulemaking process?
Group of answer choices
A. Issuing a notice of the proposed rule
B. Receiving public comments on the proposed rule
C. Publishing the final rule
D. Waiting 30 days before the final rule becomes effective
Which of the following is a way for Congress to constrain agencies?
Group of answer choices
A. Appropriations authority
B. Enforcement discretion
C. Centralized Regulatory Review
D. Guidance Documents
Which of the following is a way for the President to control agencies?
Group of answer choices
A. Agency Design
B. Appropriations authority
C. Centralized Regulatory Review
D. Detailed legislation
Which of the following statements about the appointment power is FALSE?
Group of answer choices
A. The appointment power authorizes the President to nominate certain public officials.
B. The appointment power does not extend to Cabinet secretaries.
C. The appointment power generally requires the advice and consent of the Senate.
D. Congress can delegate the Senate’s advice and consent role for certain inferior officers.
Which of the following statements about detailed legislation is correct?
Group of answer choices
A. Detailed legislation helps avoid excessive delegation of power.
B. Detailed legislation is easier to get passed.
C. Detailed legislation cannot be used to constrain agencies.
D. Drafting detailed legislation generally does not require gathering additional information.
Which of the following statements about FDA v. Brown & Williamson Tobacco Corp. is FALSE?
Group of answer choices
A. The majority reasoned that allowing the FDA to regulate tobacco would contravene Congress’s clear intent.
B. The majority reasoned that the FDA’s reasons for changing course in tobacco regulation were justified.
C. The dissent reasoned that cigarettes are “intended to affect” the body’s “structure” and “function”
D. The dissent reasoned that the statute’s basic purpose was to protect public health.
Which of the following correctly states the legal issue in FDA v. Brown & Williamson Tobacco Corp?
Group of answer choices
A. Whether nicotine has a harmful effect on the body
B. Whether the FDA had the authority under the Federal Food, Drug, and Cosmetic Act (FDCA) to regulate tobacco as a “drug”
C. Whether Congress intended for the FDA to regulate tobacco
D. Whether tobacco products are “safe” under the FDCA
Which of the following statements about a threshold analysis is FALSE?
Group of answer choices
A. A threshold analysis is always needed as a first step.
B. A threshold analysis is needed if costs and benefits cannot be monetized.
C. A threshold analysis is also known as a break-even analysis
D. A threshold analysis may be useful when dealing with health and safety issues.
Which of the following best describes regulatory analysis?
Group of answer choices
A. Regulatory analysis helps agencies evaluate the likely consequences of rules.
B. Regulatory analysis focuses on examining one proposed approach.
C. Costs and benefits and irrelevant to regulatory analysis.
D. Regulatory analysis focuses on one approach, rather than exploring alternatives.
Question 16
Which of the following is part of cost-benefit analysis?
Group of answer choices
A. Comparing costs and benefits to a baseline
B. Comparing the proposed rule to the “next best” alternative
C. Analyzing the side effects of the rule, as well as its main effect
D. All of the above
Question 17
Which of the following statements about state regulations is FALSE?
Group of answer choices
A. State regulations can reflect local preferences in public values
B. State regulations can help test different regulatory policies.
C. State regulations can lower compliance costs for firms operating in multiple states with different regulations.
D. State or local regulation can lead to fragmented policies.
Question 18
Which of the following is NOT an example of political interference?
Group of answer choices
A. Failing to fill agency positions that require scientific expertise.
B. Enforcing science-based regulations.
C. Demoting or transferring scientific staff within the agency.
D. Restricting the language used in a scientific report.
Question 19
Which of the following statements about the use of scientific information by agencies is FALSE?
Group of answer choices
A. The relevance of scientific information depends on the agency and the issue.
B. Federal agencies have standard operating procedures that address the use of scientific information to varying degrees.
C. Under EO 12866, agencies should consider the best reasonably obtainable scientific information.
D. EO 12866 prioritizes scientific information over economic information.
Question 20
Which of the following questions would NOT benefit from scientific analysis?
Group of answer choices
A. Whether face masks help reduce the spread of COVID-19.
B. Whether people who have had COVID-19 become immune to the disease.
C. Whether religious exemptions should be allowed for a COVID-19 vaccine.
D. Whether the infection rate for COVID-19 is increasing.
Question 21
After defining a policy problem, which of the following steps may be useful?
Group of answer choices
A. Reviewing the available literature
B. Surveying “best practices”
C. Thanking critically about common approaches to the problem
D. All of the above
Question 22
Which of the following is NOT part of good policy analysis?
Group of answer choices
A. Starting with a narrow list of alternatives and then broadening it.
B. Examining trade-offs for different alternatives
C. Considering feasibility, efficacy, and equity
D. Selecting common criteria to apply to the alternatives
Question 23
Which of the following statements about Chevron deference is correct?
Group of answer choices
A. If Congress has not spoken clearly to the issue, you move to step 2
B. You don’t get to step 2 if the statute is ambiguous.
C. In Step 2, courts defer to any interpretation of the agency
D. In Step 2, courts accept the agency’s interpretation unless it is clearly erroneous.
Question 24
In which of the following situations would a court apply Chevron analysis?
Group of answer choices
A. The Department of Labor’s interpretation of the Fair Labor Standards Act in a policy statement that lacks the force of law
B. The Department of Labor’s interpretation of the Clean Water Act through a legislative rule
C. The Department of Labor’s interpretation of the Fair Labor Standards Act in a regulation that went through notice and comment rulemaking procedures.
D. The Department of Labor’s interpretation of a regulation that implements the Fair Labor Standards Act.
Question 25
Which of the following standards of review applies when an agency is interpreting its own regulation?
Group of answer choices
A. Skidmore
B. Chevron
C. Seminole Rock/Auer
D. De Novo
Question 26
In which of the following situations does Skidmore apply?
Group of answer choices
A. The EPA is interpreting the Clean Water Act through an interpretive rule that did not go through notice and comment.
B. The EPA is interpreting a regulation implementing the Clean Water Act that did not go through notice and comment.
C. The EPA is interpreting a regulation implementing the Clean Water Act that went through notice and comment.
D. The EPA is interpreting the Clean Water Act through a legislative rule that went through notice and comment.
Question 27
Which of the following statements is correct?
Group of answer choices
A. Under Chevron, courts defer to an agency’s persuasive interpretation of an ambiguous statutory provision.
B. Under Seminole Rock, courts defer to the agency’s interpretation of a regulation as long as it isn’t clearly erroneous.
C. Under Skidmore, courts defer to an agency’s interpretation of a regulation based on overall persuasiveness.
D. Under Chevron, courts defer to an agency’s interpretation of a regulation if it is reasonable.
Question 28
Which of the following statements is FALSE?
Group of answer choices
A. Textualists focus on intrinsic sources rather than extrinsic ones.
B. Justice Gorsuch’s opinion in Bostock v. Clayton County (the Title VII case) is textualist.
C. Textualists do not apply linguistic canons.
D. All theories of statutory interpretation begin with the text of the statute.
Question 29
Which of the following decisions provides the best example of textualism?
Group of answer choices
A. Justice Ginsburg’s majority decision in Yates v. US
B. Justice O’Connor’s majority decision in FDA v. Brown & Williamson Tobacco Corp.
C. Justice Roberts’s majority opinion in King v. Burwell
D. Justice Scalia’s dissent in King v. Burwell
Question 30
Which of the following statements is the most accurate?
Group of answer choices
A. Judges decide to be either functionalist or formalist and then always follow that approach.
B. Formalism is a flexible view of separation of powers.
C. Textualists tend to be formalists.
D. Functionalism is more rule-based than formalism.
Question 31
Which of the following statements is correct?
Group of answer choices
A. Senators must be at least 30 years old, while representatives must be at least 25 years old.
B. Senators don’t need to be inhabitants of the state they seek to represent.
C. Representatives are elected every two years, while senators are elected every four years.
D. Only one-third of representatives are up for reelection at any given time.
Question 32
Which of the following is true of the Speaker of the House?
Group of answer choices
A. The Speaker of the House is the second most powerful person in the House of Representatives.
B. The duties of the Speaker of the House are set forth in the Constitution.
C. The Speaker of the House decides which committees should consider bills.
D. The Speaker of the House does not control the order in which members of the House speak during debates.
Question 33
Which of the following is true?
Group of answer choices
A. The President can decide to veto line items in a bill instead of vetoing the whole bill.
B. If the President vetoes a bill, it can still become law if 2/3 of the legislators in either the House or the Senate vote to override the veto.
C. If the President vetoes a bill, it can still become law if 2/3 of the legislators in both the House and the Senate vote to override the veto.
D. If the President takes no action on a bill, it automatically becomes law after 30 days.
Question 34
Plain meaning is unlikely to resolve a statutory interpretation question where:
Group of answer choices
A. The statutory language is ambiguous.
B. There is a special technical meaning
C. The plain meaning raises constitutional concerns
D. All of the above
Question 35
Which of the following statements is FALSE?
Group of answer choices
A. A statutory provision that uses “shall” is usually mandatory, while one that uses “may” is usually discretionary.
B. Using the oxford comma tends to create ambiguity.
C. “Or” and “and” usually mean different things in the context of statutory interpretation.
D. Gender pronouns (e.g. “he” or “she”) are usually insignificant in statutory interpretation.
Question 36
If a statute says “apples, oranges, pears, and other fruits,” which of the following supports an interpretation that peaches are included?
Group of answer choices
A. Ejusdem generis
B. In pari materia
C. Rule against surplusage
D. Identical words presumption
Question 37
If a statute prohibits discrimination based on “race and sex,” which of the following supports an argument that discrimination based on age is not included?
Group of answer choices
A. Noscitur a sociis
B. Ejusdem generis
C. In pari materia
D. Expressio unius
Question 38
If Congress repeatedly used the word “detained” in a statute and then switches to the term “in custody,” which of the following would support an argument that “in custody” has a different meaning than “detained”?
Group of answer choices
A. Expressio unius
B. Presumption of consistent usage and meaningful variation
C. Rule against surplusage
D. In pari materia
Question 39
If a statute prohibits discrimination based on “race and color,” which of the following would support an argument that “color” must mean something different than “race”?
Group of answer choices
A. Rule against surplusage
B. Noscitur a sociis
C. Rule of Lenity
D. Expressio unius
Question 40
Which of the following is the most persuasive form of legislative history?
Group of answer choices
A. House committee report
B. Conference committee report
C. Senate committee report
D. Drafters’ commentary
Question 41
Which of the following is a policy canon that protects a criminal defendant’s right to fair warning and is rooted in due process?
Group of answer choices
A. Doctrine of constitutional avoidance
B. Retroactivity
C. Rule of lenity
D. Derogations from common law are disfavored
Question 42
Which of the following was the basis for Judge Gorsuch’s majority opinion in Bostock v. Clayton County?
Group of answer choices
A. Ordinary plain meaning
B. Purposivism
C. Intentionalism
D. The Rule of Lenity
Question 43
Which of the following best states the legal issue in Yates v. United States?
Group of answer choices
A. Whether a “tangible object” is something used to record or preserve information
B. Whether it is a crime to throw undersized fish overboard
C. Whether throwing fish overboard impedes a government investigation
D. Whether a fish is a “tangible object” under a provision of the U.S. criminal code
Question 44
Which of the following standards of review is least deferential?
Group of answer choices
A. Substantial evidence
B. De novo
C. Arbitrary and Capricious
D. Chevron
Question 45
Which of the following statements about Skidmore deference is false?
Group of answer choices
A. Skidmore deference is based on the overall persuasiveness of the agency’s decision.
B. In deciding whether to give Skidmore deference, courts consider thoroughness, validity, and consistency of the agency’s decision
C. Skidmore deference is applied to non-legislative rules that lack the force of law.
D. Skidmore is more deferential to the agency than Chevron.
Question 46
Which of the following is NOT an intrinsic source for purposes of statutory interpretation?
Group of answer choices
A. The statute’s title
B. The “definitions” section of the statute
C. The statement of purpose set forth in the statute
D. Drafters’ commentary
Question 47
Which of the following is issued by an agency, not by Congress?
Group of answer choices
A. Statutes
B. Legislation
C. Policy statements
D. Acts
Where are Notices of Proposed Rulemaking published?
Group of answer choices
A. The United States Code
B. The Code of Federal Regulations
C. The Federal Register
D. The Administrative Procedure Act.
Question 49
Which of the following is NOT an independent agency?
Group of answer choices
A. The Federal Trade Commission (FTC)
B. The Securities and Exchange Commission (SEC)
C. The Central Intelligence Agency (CIA)
D. The Department of Justice (DOJ)
Question 50
Which of the following statements about independent agencies is true?
Group of answer choices
A. Independent agencies are usually headed by a single individual
B. The members of independent agencies can only be removed for cause
C. The President can replace all of the members of an independent agency in a single term.
D. Independent agencies are located within Departments.
Question 51
Which of the following statements about agencies is FALSE?
Group of answer choices
A. The APA excludes courts and Congress from the definition of an agency.
B. The Supreme Court has held that the President is not an agency.
C. Agencies are governed by the APA, statutes, and principles of due process.
D. Agencies are separate from the three branches of government.
Question 52
Which of the following statements about adjudication is correct?
Group of answer choices
A. Adjudication includes making, amending, or repealing a rule.
B. Adjudication involves applying an existing rule to a specific case.
C. Adjudication involves determining if someone is violating an agency’s rule.
D. Adjudication involves establishing a new rule that is binding in the future.
Question 53
Which of the following statements about rulemaking is FALSE?
Group of answer choices
A. Rulemaking helps fill in the details and gaps in a statute.
B. Rulemaking is subject to judicial review.
C. Rulemaking often involves making a new rule that is binding in the future.
D. Rulemaking determines if an individual qualifies for a particular benefit.
Question 54
Which of the following is NOT included in a Notice of Proposed Rulemaking?
Group of answer choices
A. Which agency proposed the rule
B. A summary of the rule
C. The dates for submitting public comments on the rule
D. The effective date of the rule
Question 55
Which of the following statements about Notice and Comment procedures is FALSE?
Group of answer choices
A. Interpretive Rules are exempt from Notice and Comment procedures.
B. Policy statements are exempt from Notice and Comment procedures.
C. Legislative rules are exempt from Notice and Comment procedures.
D. Guidance documents are exempt from Notice and Comment procedures.
Question 56
Which of the following statements about rulemaking is correct?
Group of answer choices
A. The APA describes formal rulemaking, not informal rulemaking.
B. Most rulemaking is formal.
C. Informal rulemaking requires Notice and Comment procedures.
D. There is no specific statutory language that triggers formal rulemaking.
Question 57
Which of the following is an accurate statement about the public comment period?
Group of answer choices
A. At least 30 days must be given for public comments.
B. Agencies are required to address every public comment that is received.
C. Anyone can submit a public comment to the agency.
D. Agencies cannot change a proposed rule after receiving public comments.
Question 58
Which of the following categories of rules are exempt from publication?
Group of answer choices
A. Military and foreign affairs
B. Agency management or personnel
C. Public property, loans, grants, benefits, and contracts
D. All of the above
Question 59 1.67 pts
The good cause exemption to Notice and Comment applies
Group of answer choices
A. Only when notice and comment is impracticable
B. Only when notice and comment is impractical or unnecessary
C. When the notice and comment period is impractical, unnecessary, or contrary to the public interest
D. When the rule is a policy statement, guidance document, or interpretive rule
Question 60
Which of the following statements is FALSE?
Group of answer choices
A. The regulations issued by agencies authorize Congress to make law.
B. The statutes enacted by Congress authorize agencies to make rules.
C. Congress enacts statutes that are codified in the United States Code (U.S.C.).
D. Agencies issue regulations that are codified in the Code of Federal Regulations (C.F.R.)
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