Sample Multiple Choice Questions – Administrative Law/Professor Wells

Sample Multiple Choice questions – Administrative Law/Professor Wells

Questions 1 and 2 are based on the following fact pattern:

In an adjudication involving an attempt to unionize at a particular corporation, the NLRB ruled that “buyers,” the group of employees who were attempting to gain union representation were not “managerial employees” within the meaning of the National Labor Relations Act (“NLRA”), and thus would be allowed to unionize. The ruling that buyers were not managerial employees was a direct reversal of longstanding NLRB precedent interpreting the statute. The NLRB did not explain its decision, other than to say that this situation was “distinguishable” from the earlier cases.

1. Based on these facts, what are the most likely challenges to the agency’s decision?

a. That the agency’s interpretation of the NLRA is an unreasonable and impermissible construction of the term “managerial employees;”

b. That the agency’s decision that buyers are not “managerial employees” was an improper finding of fact;

c. That the agency’s decision was accompanied by inadequate procedures;

d. That the agency’s decision was arbitrary and capricious because it did not adequately discuss agency precedents;

e. That the agency’s actions were outside of its jurisdiction.

(1) a & b

(2) b & c

(3) b & d

(4) a & d

(5) a

2. What standards of review will the court use to review this challenge(s)?

(1) Review under Motor Vehicle Manufacturers Ass’n v. State Farm (aka “hard look” review)

(2) Review under Chevron v. NRDC

(3) Review under Skidmore v. Swift (aka Skidmore deference);

(4) Review under (2) & (3)

(5) Review under (1) & (2)

3. Consider the following agency actions:

a. Agency interpretations of statutes they administer

b. Agency findings of fact in informal proceedings

c. Agency findings of fact in formal proceedings

In which of the above situations are courts supposed to use the substantial evidence standard of review found in Section 706 of the APA?

(1) a

(2) b

(3) c

(4) a & c

(5) a & b

4. Is the following statement true or false?

“After Morrison v. Olson, Congress cannot vest the appointment of inferior officers from one branch of government in officials from a different branch of government.”

(1) True

(2) False

Answers – highly recommended you don’t read these until after trying to answer yourself

1. (4)

2. (5)

3. (3)

4. (2)

Sample multiple choice – Wells/administrative law 1