Administrative Process Quizzes
Spring 2000
These quizzes are based on an earlier version of Field's administrative process materials. Correct answers are shown [one match], but no
quiz presented descriptions in this order. Sores are 10 minus the number missed.On Q.1, for example, someone missing all of them would score a 2.
Quiz 1
[A] 1. Ooms [E] 5. Oddzon
[B] 2. Shapiro [F] 6. J.B. Williams
[C] 3. Overton Park [G] 7. "non-statutory"
[D] 4. BPJ Enterprise [H] 8. "informal"
A. Briefly discusses what is now 5 U.S.C. § 555.
B. Stresses that quarrels about rules or standards often reflect basic policy disagreements.
C. Does not favor agency justifications that appear only in litigation papers.
D. Discusses two standards of review to be applied in intramural appeals.
E. Failure of an appellant to raise an issue before an agency may limit court review.
F. Starkly illustrates courts' tendency to skirt constitutional issues if possible.
G. A term of art often referring to 28 U.S.C. provisions.
H. A term of art most often considered in assessing the adequacy of agency process.
I. A term of art usually describing situations when legislation is irrelevant to agency practices.
J. A term of art usually describing situations where no agency rules apply.
Quiz 2
[A] 1. Nova Scotia [F] 6. Searles
[B] 2. Duracell [G] 7. James
[C] 3. Lenzing [H] 8. Hengehold
[D] 4. Rydeen [I] 9. Bose
[E] 5. Mariott [J] 10. Alappat
A. Did not allow an agency to rely on information not generally known.
B. Raises (but does not decide) whether Presidential decisions are covered by the APA.
C. Addresses whether members of an EPO panel are "judges."
D. A classic illustration of "non-statutory" PTO review.
E. Despite literal evidence to the contrary, some PTO trademark decisions are APA reviewed.
F. Deferred to the PTO position that a matter was not "petitionable."
G. A board's dismissing an appeal may not be "statutorily" reviewable.
H. The number of inventions in an application is not "statutorily" reviewable.
I. Discusses the meaning of being "heard".
J. Addresses who may speak for (or as) a PTO "board".
Quiz 3
[A] 1. Wyden [F] 6. Brown Forman
[B] 2. Christianson [G] 7. Nader
[C] 3. Franchi [H] 8. Colligan
[D] 4. Decker [I] 9. Bromberg
[E] 5. Garden of Eatin' [J] 10. Ritchie
A. Flagged inconsistency between the PTO Solicitor's and the DOJ's positions on an issue.
B. Tried to minimize appellants' need to get caught up in courts' jurisdiction disputes.
C. Seemed to hold that the D.C. District Court has sole jurisdiction under 35 U..S.C. § 32.
D. Recognized that a patent does not show considered approval of every recitation of utility.
E. That a PTO employee consulted an FDA employee proved to be unimportant.
F. One agency was found to have exclusive jurisdiction over a topic.
G. Illustrates resolution of apparent conflict between regulatory and tort jurisdictions.
H. Showed hostility toward a proposed expansion of federal court jurisdiction.
I. Found that proof of damage from a scandalous mark was not determinative of standing.
J. The PTO found allegations of damage from a scandalous mark to be facially inadequate.
Quiz 4
[A] 1. Hitachi [F] 6. Hearst
[B] 2. Wembly & SOCAL [G] 7. Atari
[C] 3. McKart [H] 8. Morgan & Fregeau
[D] 4. WATCH [I] 9. McCarthy
[E] 5. Darby [J] 10. ECCS
A. An appellant was denied review on the basis of both jurisdiction and standing.
B. Refused what was (or amounted to) interlocutory review.
C. Left a small window of opportunity for those who fail to exhaust remedies.
D. Refused to consider an issue not raised before the agency.
E. Decided how much authority courts have to deny review for failure to exhaust remedies.
F. A classic scenario for use of the "substantial evidence" standard of review.
G. A classic scenario for use of the "arbitrary, capricious…" standard of review.
H. Did not apply to issues of fact a standard of review clearly matching any in the APA.
I. Refused to use a rational basis to test an agency's view of an issue of "law".
J. The basis for decision may have surprised the parties.
Quiz 5
[A] 1. Gechter [F] 6. Hyundai
[B] 2. Zurko (S.Ct.) [G] 7. Butterworth
[C] 3. Siegel [H] 8. Wiener
[D] 4. Wella [I] 9. Eltra
[E] 5. Gerritson [J] 10. Librarian Testimony
A. Vacated and remanded for lack of an adequate decision to review.
B. Decided that PTO patentability decisions are reviewed under APA standards.
C. Remanded to give an agency the chance to explain its choice of remedy.
D. Criticized an agency's resort to a concurring opinion on an earlier appeal.
E. Evaluated a sanction in light of customary practice under the F.R. Civ. Procedure.
F. Evaluated an agency's order under APA standards of review.
G. Suggested that the PTO may be independent for some purposes if not all.
H. Generally addressed Presidential authority to remove top executive personnel.
I. That an agency might be legislative for some purposes did not void its executive authority.
J. Argued that a "legislative branch official serves at the President's pleasure.
Quiz 6
[A] 1. Brooks [F] 6. Kaghan
[B] 2. Pillsbury [G] 7. Nielson
[C] 3. Cyanamid [H] 8. McGinley
[D] 4. Patlex & Energy Conversion [I] 9. Perales
[E] 5. Nash [J] 10. Klein
A. May have been influenced by inconsistent governmental characterizations of an agency.
B. The biggest concern was congressional interference.
C. Focused on a decisionmaker's prior involvement with a case.
D. Addressed PTO officials' possible biases.
E. Addressed the independence of ALJs.
F. Found that a published rule need not be in the C.F.R to bind the agency.
G. Found that a "rule" need not be published anywhere to bind the agency.
H. A statutory provision was found sufficiently precise to satisfy 5th Amendment standards.
I. Hearsay evidence may be competent in formal agency adjudications.
J. That evidence was circumstantial did not interfere with its use.
Quiz 7
[A] 1. Cogar [F] 6. Patlex
[B] 2. Parker [G] 7. Nat'l Petroleum
[C] 3. Diamond [H] 8. Van Ornum
[D] 4. Quesada [I] 9. MPAA
[E] 5. Chenery
A. Denied an oral hearing to protest issuance of a patent.
B. Denied an oral hearing to protest a finding of fraud.
C. Faulted an agency's getting into matters outside its technical expertise.
D. Section 553 rules may essentially terminate licenses.
E. Upheld a new "rule" promulgated in an adjudication.
F. Retroactive rules (and statutes) may be valid.
G. Section 553 rules are often preferred over ad-hoc issue resolution.
H. May offer weak support for substantive PTO rule-making authority.
I. Section 553 rules cannot ordinarily be retroactive.
J. When an agency's decision is supportable, its articulated rationale is irrelevant.
Quiz 8
[A] 1. Fl. E. C. Ry. [F] 6. Jerri's
[B] 2. Vt. Yankee [G] 7. Premysler I
[C] 3. ANA [H] 8. Premysler II
[D] 4. Fressola [I] 9. Sun Ray
[E] 5. Animal Legal
A. If the process is rule making, "informal" is presumed.
B. The courts cannot add procedural rulemaking requirements to those specified by Congress.
C. Policy bias is ordinarily more tolerable than most other kinds of bias.
D. Procedural rules are 553 exempt.
E. "Hortatory" "rules" "synthesized from precedent" are 553 exempt.
F. A rule was not 553-exempt because it was not regarded as "interpretive".
G. Rules were found 553-exempt under the "general statement of policy" exception.
H. A rule was 553-exempt because it was regarded as "interpretive".
I. Rule making may sometimes be required.
J. A biased decision maker is never acceptable.
Quiz 9
[A] 1. Heckler [F] 6. Gage
[B] 2. Am. Horse [G] 7. Block
[C] 3. Abbott Labs [H] 8. Animal Legal
[D] 4. Toilet Goods
[E] 5. Molins
A. Explored circumstances where the presumptive court review of agencies may not apply.
B. A refusal to make rules may be easier to reverse than a refusal to enforce them.
C. Courts do not need explicit authority to review final rules.
D. Disputes about final rules must be ripe before courts will entertain them.
E. A court refused to review a moot dispute concerning a rule.
F. Those who do not participate in rule making may lose the ability to see direct review.
G. Consumers were denied review of agency action that directly affected them.
H. Interested persons not directly affected by the patent laws were denied standing to challenge a PTO rulemaking process.
I. Courts would need explicit authority to review PTO rule making.
J. The 706(2)(A) standard of review does not vary according to the nature of the action being reviewed.
Quiz 10
[A] 1. Athridge I [F] 6. Industrial Union
[B] 2. Athridge II [G] 7. Tire Dealers
[C] 3. Earth Island I
[D] 4. Earth Island II
[E] 5. Amalgamated Meat
A. Found agency action to be "irrational".
B. Transferred an appeal despite a dissent arguing mootness.
C. Found a statutory provision to unduly encroach on the Executive domain.
D. Addressed statutory awards of legal fees to those who prevail against the government.
E. The need for administrative standards was helpful in unholding a broad delegation.
F. A statute was construed narrowly to avoid overbroad delegation.
G. Congress has far more latitude than agencies in promulgating substantive standards.
H. The non-delegation doctrine now plays no role at the federal level.
I. Those who prevail against the federal government have no basis for recovering legal fees.
J. Moot controversies are not justiciable.
Quiz 11
[A] 1. Public Citizen [F] 6. State Farm
[B] 2. Sierra Club
[C] 3. Chadha
[D] 4. Goyan
[E] 5. Auto Parts
A. Illustrates the importance of definitions of terms such as "food additive".
B. Rejected arguments that ex parte communications were forbidden.
C. Found legislative vetoes to amount to legislation.
D. Found a proposed use of agency funds to be ultra vires.
E. Found it difficult to take seriously those challenging a rule.
F. Rejected an argument that an agency should receive the same deference in repealing a rule as in refusing to promulgate it initially.
G. The Delaney Clauses represent broad delegations of administrative discretion.
H. Agencies have inherent discretion to fund public participants.
I. Rules promulgated beyond the period required by the enabling legislation are invalid.
J. Congress lacks power to confer benefits on particular individuals.
Quiz 12
[A] 1. Rubinfield [F] 6. Harley
[B] 2. Chevron [G] 7. Chem. Waste Mgmt.
[C] 3. Morganroth [H] 8. Sears
[D] 4. Kodak [I] 9. Robbins Tire
[E] 5. Merck [J] 10. Chrysler
A. Deferred to the agency on one point of law but not another.
B. Courts must defer to agencies' permissible constructions of their statutes.
C. Agreed with the Commissioner's assertion of lack of authority.
D. Agreed with the Board's assessment of the timeliness of an objection to a trademark registration.
E. Held that the PTO has no delegated substantive rulemaking authority.
F. Upheld the Commissioner's assertion of authority to withdraw a patent from issue.
G. An agency rule was found to trump prior dicta of the Court.
H. Agencies may prefer that others do not know how prosecutorial discretion is exercised.
I. FOIA does not offer the full equivalent of civil discovery.
J. A party denied standing under two statutes nevertheless had standing under a third.
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