FREE LAW AND STUDY GAMES ABOUT ADMIN. LAW. EXAM

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FREE LAW AND STUDY GAMES ABOUT ADMIN. LAW. EXAM

QUESTIONS

Actual Qs and Ans Expert-Verified Explanation

This Exam contains:

-Guarantee passing score -65 Questions and Answers -format set of multiple-choice -Expert-Verified Explanation

Question 1: Public records act

Answer:

All public records must be available for inspection Question 2: Agency Action (always)- Adjudication (Is the agency acting like a court?);

Mandated oral hearing: Hearing requirement, Reliable evidence requirement

Answer:

Based on reliable evidence, BUT

• Not bound by formal rules of evidence,

• Hearsay is admissible if reliable,

• Ex-parte communications on the merits must be placed on the record,

• Official notice is lesser standard than judicial notice

Question 3: Agency Action (always)- Investigation;

Searches/physical inspection: Exceptions

Answer:

No warrant required if-

• Consent,

• Emergency,

• Plain view (business public portions),

• Authorized by statute

Question 4: Administrative law- Tested in 3 areas

Answer:

• Agency creation and jurisdiction (if statutory language),

• Agency action (always tested),

• Judicial review (if call states "in ct, or going to ct")

Question 5: Agency Action (always)- Adjudication (Is the agency acting like a court?);

Mandated oral hearing: Adequate notice requirement

Answer:

• Adequate notice;

(time and place, nature of hearing, fact and legal issues); (WY- if inadequate notice or surprise, objecting party must move for continuance or else viewed as harmless error)

Question 6: Judicial review (If in ct or going to ct)- Jurisdiction;

Standing:

• Injury in fact

Answer:

Injury in fact (injury broad=>economic, aesthetic, conversational, recreational)-

• Causation (show injury caused by agency action),

• Redessability (agency has power to do something about injury)

Question 7: Agency Action (always)- Rule making (Is the agency acting like a legislature?)

Answer:

Is the agency issuing a broad policy statement that is general in nature, and is it prospective or forward looking? If so, the agency is engaged in rulemaking.

Question 8: Public meetings act

Answer:

All agency action must be taken in open and public meetings, including deliberation; If no action to be taken, then can be closed; Remedy if does not happen- agency action is null and void, and knowing violation criminal

Question 9: Administrative law- Administrative agencies (AG)

Answer:

Must function within the statute creating them (enabling law, organic act), and comport with constitutional requirements

Question 10: Agency Action (always)- Fairness

Answer:

Defined by-

• Agencies enabling law(statutory language),

• The administrative procedure act (APA), and

• The constitution

Question 11: Administrative law- Issue spotting

Answer:

Facts must involve an administrative agency, in Wyoming, it will be a-

• Board agency,

• Commission,

• State office, or

• University of Wyoming (possible)

Question 12: Agency Action (always)- Rule making (Is the agency acting like a legislature?); On the record language

Answer:

Formal rulemaking; If statutory language says rules must be made "on the record after opportunity for an agency hearing", the agency must conduct a "trial-type" hearing; Go to adjudication requirements

Question 13: Judicial review (If in ct or going to ct)- Jurisdiction;

Exhaustion of remedies; What if tenant alleging housing code violation proceed directly into ct even though State Housing Authority has jurisdiction?

Answer:

Ct action may be dismissed for failure to exhaust administrative remedy Question 14: Judicial review (If in ct or going to ct)- Scope (How does a ct handle the merits of an appeal?);

Deference (facts and law): Fact-finding

Answer:

Cts are very deferential to agency fact finding; In appeals of agency adjudications, fact finding is often given "res judicata" effect Question 15: Agency Creation and Jurisdiction (if statutory language)- Constitutional limits;

Doctrine of delegation: G/R

Answer:

When legislature delegates its power to administrative agencies, it must provide "adequate safeguards" for use of power Question 16: Judicial review (If in ct or going to ct)- Scope (How does a ct handle the merits of an appeal?); Deference (facts and law)

Answer:

Key: Always discuss judicial deference whenever an agency has taken action that is being reviewed in ct