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MOCK TEST

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mock test on administrative law
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  MOCK TEST ADMISNISTRATIVE LAW (Midterms) Name:_____________________________________________- Score:__________ Date:_________________ I.   Instruction: Write DOG if the statement is true while CAT if the statement is FALSE. No erasures allowed.  _________1. The principle of separation of powers “prohibits the delegation of legislative power, the vesting of judicial officers with non-judicial functions, as well as the investing of non-judicial powers.”   _________2. The basis of the doctrine of the separation of powers is the Constitution itself.  _________3. Administrative law is a branch of public law.   _________4. The power to make laws and the power to fix a legislative policy is vested in the  judiciary.  _________5. Administrative law deals with the activities of the executive department, legislative department and the judiciary.  _________6. The court  has the prerogative to interpret the and apply laws.  _________7. Freund  defines administrative law as that system of legal principles which settles the conflicting claims od the executive and administrative authorities on the one hand and of the individual or the private rights on the other.  _________8. One of the srcins of administrative law is statues.   _________9. Generally, the courts have  the power of supervision over the proceedings and actions of administrative departments of the government.  _________10. Court decisions is not  one of the sources of administrative law.  _________11. Civil Service Commission  is a Constitutional Commission.  _________12. Commission on Election is not  a Constitutional Commission.  _________13. Commission on Audit  was created by the Constitution.  _________14. Administration is an activity of the legislative officer  of the government.  _________15. Administration has something to do with the execution of policies of the state.  _________16. A commission is an administrative agency.  _________17. A board is an administrative agency.  _________18. Judicial officers are charged with Administration of justice.  _________19. Administrative officers are charged with administration of the government.  _________20. Law  operates by redness or punishment rather than prevention  _________21. Administrative agency  is an organ of the government which is entrusted with the task of enacting specific rules and regulations to effectuate the state creating it.  _________22.The legislature  exercises control over administrative agencies.  _________23. Senate Blue Ribbon Committee  as well as the appropriate committees in each House of Congress play an important role in the investigation of anomalies and irregularities of the different administration offices and agencies.  _________24. Office of the Ombudsman  is a constitutional Office  _________25. Ombudsman , a Constitutional Office organized precisely to look into and investigate any irregularity of the government officials and employees, exercise an important role in filing appropriate criminal cases against erring government officials and employees.  _________26. Sandiganbayan  takes part in the trial of complaints files by the Ombudsman.  _________27. Power to conduct investigation , including the power to carry out the provisions of the law are essentially executive and administrative in nature. However, when it involves the exercise of judgement and discretion, it becomes an adjudicatory power.     ________28. Quasi- Legislative Power  refers to the authority delegated by the law-making body to the administrative body to make rules and regulations which are within the limits of the powers granted to it.  ________29. Quasi-judicial Power  is the power of administrative agencies to resolve questions of fact and questions of law involves in a case brought to their determination and adjudication, provided, that its determination on question of law is subject to judicial review. The exercise of this power is incidental to their main function which is to enforce the law and to enforce their executive duties.  _______30. Discretionary power  is the power of administrative agencies to act officially on certain cases referred to them according to the dictates of their own judgement or conscience of others.  _______31. Ministerial Power  is the power exercised in response to a duty as imposed by law and its performance does not depend upon the discretion of the administrative agency involved or of the executive officers performing the said powers.  _______32. Administrative agencies may conduct investigation , on its own initiative or on the request or complaint of a party concerned.  _______33. Administrative agencies may conduct ocular inspection  of the place, things, books, records or documents in question, to fund out if there is a violation of the law.  _______34. Administrative agencies may, if allowed by the law or court order, copy any documentary evidence  of the person being investigated.  _______35. Administrative agencies may summon  and require the attendance of witnesses, or the production of the evidence needed in the course of the investigation. This power should, however, be given by a statute.  _______36. Administrative agencies may conduct quasi-judicial hearing.   _______37. Administrative agencies may cite parties  or witnesses  for contempt . This power should, however, be given by statute.   _______38. In the exercise of all the said powers, the administrative agency or official concerned should act within the limits prescribed by law.   _______39. Findings  gathered from inquiries and investigation help administrative agencies determine their recommendations  to Congress or the Executive branch on what they think is the policy or law that is necessary considering the situation, condition or circumstances that may have been discovered in the course of investigation.  _______40. Enabling powers  are those that enable an administrative agency to do an act which the law precisely entrusted to it.  _______41. Summary powers  are those powers exercised by administrative authorities to perform coercive measures upon persons or things without the need of securing judicial warrant.  _______42. Examining power  is the power o an administrative agency to examine and inspect books, papers, and records to investigate the activities of persons under each jurisdiction.  _______43. Dispensing power  is the power if an administrative officer to grant exemption from the performance of a general duty.  _______44. According to Roscoe Pound , Administrative law is a branch of modern law, under which the executive department of the government, acting a quasi-legislative, quasi-judicial interferes with the conduct of individual for the purpose of promoting the well-being of the community, as under laws regulating public utility corporations, bureaus affected with public interest, profession, trades and callings, rates and prices, laws for the protection of public health and public convenience and advantage.  _______45. According to Goodnow , Administrative law is a branch of public law which fixes the organization and determines the competencies of administrative authorities and indicates to the individual remedies for the violation of his rights.   _______46. According to Freund , Administrative law is as that of system of legal principles which settles conflicting claims of the executive and administrative authorities on the one hand and of the individuals or private rights on the other.  _______47. Administrative regulations and policies  enacted by administrative bodies to interpret the law which they are entrusted to enforce have the force of law  and are entitles to great respect. They have in their favor presumption of legality.  _______48. Factual findings  of administrative bodies should be accorded nit only respect  but also finality  if they are supported by substantial evidence even if not overwhelming or preponderant.  _______49. Although findings of facts of an administrative agency is persuasive in courts and carries with it a strong presumption of correctness, nonetheless, the interpretation and application of laws is the court’s prerogative.   ______50. Administrative remedies  should first be exhausted  before filing a petition for relief.  ______51. On purely legal question , however, the aggrieved party need not  to exhaust administrative remedies. Reason: Nothing of an administrative nature is to be done or can be done in the administrative forum. II.   Enumeration. Wrong spelling wrong Three (3) Constitutional Commissions. 1.   Commission on Audit 2.   Commission on Election 3.   Civil Service Commision Three (3) branches of the government. 4.   Executive 5.   Legislative 6.   Judiciary Sources of Administrative Law. 7.   Constitution 8.   Statutes creating administrative bodies 9.   Court Decisions 10.   The body or rules, regulations and orders enacted by administrative agencies Two (2) principal kinds of powers and functions administration agencies. 11.   Quasi-legislative Function (Rule-making power) 12.   Quasi-judicial Function (Power of Adjudication) Three (3) other powers and functions of administrative agencies. 13.   Discretionary and Ministerial powers 14.   Investigatory or inquisitorial powers 15.   Determinative power Five (5) Determinative powers od administrative agencies. 16.   Enabling powers 17.   Directing powers 18.   Dispensing powers 19.   Examining powers 20.   Summary powers Three (3) How are administrative agencies created. 21.   Constitution 22.   Legislature in legislative enactments 23.   Authority of law Three (3) Origins of Administrative Law.  24.   Statute 25.   Increase in government functions and concern 26.   Necessity in government control and regulation. Examples of Administrative agencies created by the constitution 27.   Civil Service Commission 28.   Commission on Audit 29.   Commission on Election Example of administrative bodies creates by the legislature through legislative enactments 30.   Bureau of Customs 31.   Bureau of Internal Revenue 32.   National Labor Relations Commission 33.   Security and Exchange Commission 34.   Central Bank of the Philippines 35.   National Food Authority Example of administrative agencies create by authority of law under and by virtue of various government reorganization acts un the process of reorganization of the executive branch of the government. 36.   The POEA  was created by virtue of Executive Order NO. 797  dated May 1, 1992.  Philippine Overseas Employment Administration (POEA) took over the functions of the Overseas Employment Division Board. In turn, Executive Order No. 247 dated July 24, 19987, granted additional powers and functions to the POEA. 37.   The Public Service Commission  was created under Commonwealth Act No. 146 . Said commission is now known as the Board of Energy which was created by Presidential Decree No. 1208 dated October 6, 1977. III.   Question and answer 1.   What specifically Is the power of an administrative agency when it exercises Quasi-Legislative Power? -It mere exercises the power to subordinate legislation which means that it can promulgate rules and regulations intended to carry out the provisions of the law and implement legislative policy. 2. Explain the Principle of Primary Jurisdiction - if the case is such that its determination requires the expertise, specialized skills and knowledge of the proper administrative bodies because of technical matters or intricate questions of facts are involved, then relief must first be obtained in an administrative proceeding before a remedy will be supplied by the courts even though the matter s within the proper jurisdiction of a court. 3. What is the relationship between courts and administrative agencies? - In general, the courts have no power of supervision over the proceedings and actions of administrative departments of the government. This is generally true with respect to acts involving the exercise of judgement and findings of facts. -it may be true that the court has jurisdiction to take cognizance of a particular case. However, of the case is such that its determination requires the expertise, specialized skills and knowledge of the proper administrative bodies because of technical matter or intricate questions of facts are involves, then relief must first be obtained in the administrative proceeding before a remedy will be supplies by the court even tough the matter is within the proper jurisdiction of a court.
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