Exception to exhaustion of remedies requirement

Assignment Help Operation Management

Reference no: EM132223054

1. Kellogg's settled with the FTC on deceptive advertising charges relating to health claims in certain cereals. Which of the following is a device Kellogg's may use to settle the administrative law complaint?

cease-and-desist order

formal settlement

consent decree

judicial decree

judgment

2. Which of the following is not an exception to the exhaustion of remedies requirement?

Irreparable injury that could occur if immediate judicial relief is not provided.

A substantial constitutional question that the plaintiff has raised.

Available remedies that provide genuine opportunity for adequate relief.

An appeal to the administrative agency that would be useless.

3. Which is not a step in an administrative agency's adoption of a regulation?

research on problem

pass the rule

comment period

agency lacks jurisdiction

promulgation of the rule

publish proposed regulations

4. Professor Snape made 20 copies of an article to distribute to his dark arts class. He wanted to comment on the techniques being discussed on what a wizard should do in battle. The author sued Snape for using his work; Snape claimed there was not any infringement.

Snape may be allowed to use the work because it's being used for _____________.

news reporting

research

education

caricatures

parody

5. Before an administrative agency may make rules or regulations it must be given jurisdiction under the ___________.

Sunshine Act of 1976

Freedom of Information Act

Administration of Procedure Act

Enabling Act

Reference no: EM132223054

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