A significant difference between an administrative hearing and a court hearing is that in an administrative hearing:
A. The hearing officer is not required to issue notice of a hearing to all parties
B. There is no jury
C. Hearsay evidence is not excluded
D. Hearsay evidence is excluded
E. There is no jury and hearsay evidence is not excluded
Q. #2The Legal Residuum Rule states that:
a. evidence that courts view as incompetent may be used in an administrative hearing and may support the agency's decision, but may not be the sole support of the decision
b. evidence that courts view as incompetent may be used in an administrative hearing and may be the sole support of the decision
c. evidence that courts view as incompetent may not be used in an administrative hearing for any purpose
d. evidence that courts view as incompetent may be used in an administrative hearing by
a person or organization in support of their case, but may not be used by the agency or the government against the person or organization
Q. #3The privilege to use the land for a specific profit making purpose, not limited to taking from the soil:
A. Partition
B. Easement
C. Covenant
D. License
Q. #4The concept of separation of functions does not apply to:
a. administrative law judges
b. agency heads
c. administrative law judges and agency heads
d. none of the above; separation of functions applies to everyone involved in the administrative process
Q. #5The most frequent use of restrictive covenants tends to be related to:
A. Race restrictions
B. Land development
C. Conservation easements
D. Riparian rights
Q. #6Amanda is a cab driver. Her taxi license will expire at midnight on August 8 . The applicable law requires that she apply for continuation of the license at least 30 days prior to expiration and that a decision regarding continuation or denial must be made in a timely fashion. Her application was made in a timely manner. It is now August 9 and she has not heard from the licensing board.
a. Her license is expired and she may not legally operate a taxi.
b. Her license is automatically renewed for up to 30 days, allowing her to resubmit her application for continuance.
c. Her license is automatically renewed until the decision on the renewal is made.
d. Her license is automatically renewed as if the continuation had been approved.
Q. #7Which of the following is considered a nondiscovery device?
a. Requests for admissions
b. Bills of particulars
c. Subpoenas
d. Stipulations
Q. #8An easement appurtenant:
A. Is typically held by a commercial enterprise such as a telephone company
B. Does not run with the land
C. Is typically characterized by two parcels of land, usually adjoining, with a benefit accruing to one of the parcels
D. Consists of two estates: the dominant estate and the minority estate
Q. #9The APA's position on the right to counsel is best characterized by which of the following?
a. All parties have the right to counsel.
b. Only those parties with constitutional rights at risk are entitled to counsel.
c. Presiding officers must approve the use of counsel on a case-by-case basis.
d. There is no right to counsel in administrative hearings.
Quick Reply
