1 Which of the following is used when an agency makes a decision without providi
ID: 2441549 • Letter: 1
Question
1 Which of the following is used when an agency makes a decision without providing a sufficient factual record?
a. De novo review
b The substantial factor test
The arbitrary and capricious test
The preponderance of the evidence standard
2. The ______ test is used by courts to review formal rulemaking of an administrative agency and to review a formal adjudication.
de novo
substantial evidence
beyond a reasonable doubt
preponderance of the evidence
3. Which federal statute is NOT primarily designed to promote accountability and transparency in administrative agencies?
The Sherman Act
The Freedom of Information Act
The Privacy Act of 1974
The Government in the Sunshine Act of 1976
4. Ari, a partner in KLM Partners, had a personal loan from First Bank for $35,000. First Bank got a judgment against Ari after he defaulted on the loan. First Bank can reach Ari’s interest in KLM Partners and require that a receiver be appointed to take Ari's share of the partnership profits to satisfy the judgment. The court order that will do this is the ______.
marshalling order
accounting order
charging order
attachment order
5. The standard of review MOST deferential to the findings of an administrative agency is ______.
de novo
substantial evidence
clear and convincing evidence
arbitrary and capricious
a. De novo review
b The substantial factor test
cThe arbitrary and capricious test
dThe preponderance of the evidence standard
Explanation / Answer
2) The substantial evidence test is used by courts to review formal rule making of an administrative agency and to review a formal adjudication.
De Novo : Reviewing court makes an independent determination of facts after conducting a review hearing.
Preponderance of evidence where there is just enough evidence to tip the balance, to proof beyond a reasonable doubt.
5) The standard of review most deferential to the findings of an administrative agency is arbitrary and capricious.
Clear and convincing means that the evidence presented by a party during the trial must be highly and substantial more probably be true than not and the trier of the fact must have a firm belief or conviction in its factuality.
1) Preponderance of evidence is used when an agency makes a decision without providing a sufficient factual record.
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