...ible residents "shall receive" monthly disability benefits unless the agency finds one of five listed grounds for termination. The agency cuts off a recipient's benefits after reviewing medical records but without giving...
Citations: U.S. Const. amend. XIV, Board of Regents v. Roth, Mathews v. Eldridge, Goldberg v. Kelly
A statute authorizes an agency to issue safety rules. The statute provides that any final rule "shall have no force" if the House Safety Committee passes a resolution disapproving it within 30 days. The agency issues a r...
Citations: U.S. Const. art. I, sec. 7, INS v. Chadha
The Federal Energy Agency issued a permit allowing a private company to build a transmission line through a national forest. The agency skipped a notice-and-comment step required by statute. Three plaintiffs sued in fede...
Citations: U.S. Const. art. III, sec. 2, Lujan v. Defenders of Wildlife, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Hunt v. Washington State Apple Advertising Commission, Summers v. Earth Island Institute
...is the subject of a private adoption and termination proceeding. The agency knows of the child's tribal connection but did not notify the tribe before seeking termination. Which statement is most accurate? The question...
Citations: Indian Child Welfare Act, 25 U.S.C. sections 1901-1963, Haaland v. Brackeen, 599 U.S. 255 (2023)
A child welfare agency seeks to terminate a parent's rights so foster parents can adopt. The parent objects and demands a hearing. Which statement is most accurate? The question tests the constitutional and statutory thr...
Citations: Santosky v. Kramer, 455 U.S. 745 (1982), NCBE MEE Subject Matter Outline, Family Law
A federal agency issued a permit allowing a private company to drain wetlands next to a city park. A neighborhood association sued in federal court, alleging that the agency misread the governing statute. The complaint a...
Citations: U.S. Const. art. III, sec. 2, Lujan v. Defenders of Wildlife, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Summers v. Earth Island Institute
A public-interest group sought records from a federal agency under a disclosure statute and lost after the court ruled that the records were exempt. Nia, a journalist who sometimes volunteers with the group, did not fund...
Citations: Taylor v. Sturgell
An agency relies on a decades-old statute authorizing it to require "reasonable reports" from regulated companies. The agency then orders a nationwide restructuring of the entire industry, claiming the reporting provisio...
Citations: U.S. Const. art. I, West Virginia v. EPA, Utility Air Regulatory Group v. EPA
Congress creates a new federal enforcement agency led by a Director who may issue binding rules, sue regulated parties, and is supervised by no other executive officer except the President. The statute provides that the...
Citations: U.S. Const. art. II, sec. 2, Buckley v. Valeo, Edmond v. United States
Congress creates an agency headed by one Director who enforces federal consumer laws, seeks civil penalties, and issues binding rules. The statute permits removal of the Director only for cause and also says Congress may...
Citations: U.S. Const. art. II, Myers v. United States, Humphrey's Executor v. United States, Bowsher v. Synar, Seila Law LLC v. Consumer Financial Protection Bureau
Congress directs an agency to set workplace exposure limits for a chemical at levels "reasonably necessary to protect workers from material health risks, considering feasibility." A manufacturer argues that Congress unco...
Citations: U.S. Const. art. I, sec. 1, J.W. Hampton, Jr. & Co. v. United States, Whitman v. American Trucking Associations, Inc.
...ongress enacted a privacy statute prohibiting any state motor-vehicle agency or private data broker from selling drivers' personal information without consent. The statute is enforced by federal regulators and private ci...
Citations: U.S. Const. amend. X, Reno v. Condon
...ngress enacted the Clean Ports Act. The Act directs the Environmental Agency to set port-emissions standards "necessary to protect public health while considering cost, technological feasibility, and port reliability." T...
Citations: U.S. Const. art. I, sec. 1, U.S. Const. art. I, sec. 7, INS v. Chadha, J.W. Hampton, Jr. & Co. v. United States, Whitman v. American Trucking Associations, Inc.
...uit over a bridge collapse, Plaintiff offers the state transportation agency's final investigative report. The agency was legally authorized to investigate the collapse, and the report concludes that corrosion in a suppo...
Citations: Fed. R. Evid. 803(8)
...relying only on what the supposed agent says. Restatement (Third) of Agency section 2.03
Citations: Restatement (Third) of Agency section 2.03
...the strongest arguments for each side, state the controlling rule for agency authority and duties, apply it to the material facts, and explain the likely remedy or consequence. This essay tests agency authority and dutie...
Citations: Restatement (Third) of Agency sections 1.01, 2.01, 2.03, 4.01
...to an omitted formal step. Which statement is most accurate? Correct. Agency arises from assent and control, and a principal is bound by actual authority, apparent authority traceable to the principal, or ratification; a...
Citations: Restatement (Third) of Agency sections 1.01, 2.01, 2.03, 4.01
...hat appears favorable. What should a strong answer do first? Correct. Agency arises from assent and control, and a principal is bound by actual authority, apparent authority traceable to the principal, or ratification; a...
Citations: Restatement (Third) of Agency sections 1.01, 2.01, 2.03, 4.01
...the strongest arguments for each side, state the controlling rule for agency authority and duties, apply it to the material facts, and explain the likely remedy or consequence. This essay tests agency authority and dutie...
Citations: Restatement (Third) of Agency sections 1.01, 2.01, 2.03, 4.01
...ence of affirmance of the contract as a whole. Restatement (Third) of Agency section 4.01
Citations: Restatement (Third) of Agency section 4.01
...worker and a separate scope-of-employment analysis, which are common agency issues tested with tort facts. Restatement (Third) of Agency sections 7.07, 7.08
Citations: Restatement (Third) of Agency sections 7.07, 7.08
...iously liable for the contractor's negligence. Restatement (Third) of Agency section 7.07
Citations: Restatement (Third) of Agency section 7.07
...ork, the manager had implied actual authority. Restatement (Third) of Agency section 2.02
Citations: Restatement (Third) of Agency section 2.02
...scope and reasonableness rather than an absolute rule based on title. Agency principles applied to corporate officers
Citations: Agency principles applied to corporate officers
USABarPrep Coach