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Scope of Review: Rational Basis, Arbitrary and Capricious, and Substantial Evidence

Description: This quiz will test your understanding of the scope of review standards used by courts to review administrative agency decisions: rational basis, arbitrary and capricious, and substantial evidence.
Number of Questions: 15
Created by:
Tags: administrative law judicial review scope of review
Attempted 0/15 Correct 0 Score 0

Which of the following is NOT a scope of review standard used by courts to review administrative agency decisions?

  1. Rational basis

  2. Arbitrary and capricious

  3. Substantial evidence

  4. De novo review


Correct Option: D
Explanation:

De novo review is not a scope of review standard used by courts to review administrative agency decisions. De novo review is a type of judicial review in which the court reviews the evidence and makes its own independent decision on the merits of the case, without giving deference to the agency's decision.

Under the rational basis standard of review, a court will uphold an administrative agency's decision if:

  1. The decision is supported by a rational explanation

  2. The decision is supported by substantial evidence

  3. The decision is consistent with the agency's statutory authority

  4. All of the above


Correct Option: A
Explanation:

Under the rational basis standard of review, a court will uphold an administrative agency's decision if the decision is supported by a rational explanation. This means that the agency's decision must be based on facts and evidence that are relevant to the issue being decided, and that the agency must have articulated a rational connection between the facts and evidence and its decision.

Under the arbitrary and capricious standard of review, a court will uphold an administrative agency's decision if:

  1. The decision is supported by a rational explanation

  2. The decision is supported by substantial evidence

  3. The decision is consistent with the agency's statutory authority

  4. The decision is not arbitrary, capricious, or an abuse of discretion


Correct Option: D
Explanation:

Under the arbitrary and capricious standard of review, a court will uphold an administrative agency's decision if the decision is not arbitrary, capricious, or an abuse of discretion. This means that the agency's decision must be based on a consideration of the relevant facts and evidence, and that the agency must have explained its decision in a way that allows the court to understand the basis for the decision.

Under the substantial evidence standard of review, a court will uphold an administrative agency's decision if:

  1. The decision is supported by a rational explanation

  2. The decision is supported by substantial evidence

  3. The decision is consistent with the agency's statutory authority

  4. All of the above


Correct Option: B
Explanation:

Under the substantial evidence standard of review, a court will uphold an administrative agency's decision if the decision is supported by substantial evidence. This means that the agency's decision must be supported by evidence that is relevant, material, and probative, and that the evidence must be sufficient to support a reasonable person's conclusion that the agency's decision is correct.

Which of the following is NOT a factor that a court will consider when reviewing an administrative agency's decision under the arbitrary and capricious standard of review?

  1. Whether the agency considered all of the relevant facts and evidence

  2. Whether the agency's decision is supported by substantial evidence

  3. Whether the agency's decision is consistent with its statutory authority

  4. Whether the agency's decision is arbitrary, capricious, or an abuse of discretion


Correct Option: B
Explanation:

Whether the agency's decision is supported by substantial evidence is not a factor that a court will consider when reviewing an administrative agency's decision under the arbitrary and capricious standard of review. The substantial evidence standard of review is a more stringent standard of review than the arbitrary and capricious standard of review, and it requires the court to determine whether the agency's decision is supported by evidence that is relevant, material, and probative, and that the evidence is sufficient to support a reasonable person's conclusion that the agency's decision is correct.

Which of the following is NOT a factor that a court will consider when reviewing an administrative agency's decision under the substantial evidence standard of review?

  1. Whether the agency considered all of the relevant facts and evidence

  2. Whether the agency's decision is supported by substantial evidence

  3. Whether the agency's decision is consistent with its statutory authority

  4. Whether the agency's decision is rational


Correct Option: D
Explanation:

Whether the agency's decision is rational is not a factor that a court will consider when reviewing an administrative agency's decision under the substantial evidence standard of review. The rational basis standard of review is a less stringent standard of review than the substantial evidence standard of review, and it requires the court to determine whether the agency's decision is supported by a rational explanation.

In a case where an administrative agency has issued a rule, which of the following is NOT a question that a court will consider when reviewing the rule under the arbitrary and capricious standard of review?

  1. Whether the agency considered all of the relevant facts and evidence

  2. Whether the agency's decision is supported by substantial evidence

  3. Whether the agency's decision is consistent with its statutory authority

  4. Whether the agency's decision is arbitrary, capricious, or an abuse of discretion


Correct Option: B
Explanation:

Whether the agency's decision is supported by substantial evidence is not a question that a court will consider when reviewing an administrative agency's rule under the arbitrary and capricious standard of review. The substantial evidence standard of review is a more stringent standard of review than the arbitrary and capricious standard of review, and it requires the court to determine whether the agency's decision is supported by evidence that is relevant, material, and probative, and that the evidence is sufficient to support a reasonable person's conclusion that the agency's decision is correct.

In a case where an administrative agency has issued a rule, which of the following is NOT a question that a court will consider when reviewing the rule under the substantial evidence standard of review?

  1. Whether the agency considered all of the relevant facts and evidence

  2. Whether the agency's decision is supported by substantial evidence

  3. Whether the agency's decision is consistent with its statutory authority

  4. Whether the agency's decision is rational


Correct Option: D
Explanation:

Whether the agency's decision is rational is not a question that a court will consider when reviewing an administrative agency's rule under the substantial evidence standard of review. The rational basis standard of review is a less stringent standard of review than the substantial evidence standard of review, and it requires the court to determine whether the agency's decision is supported by a rational explanation.

Which of the following is NOT a case in which the Supreme Court of the United States applied the rational basis standard of review?

  1. FCC v. Beach Communications, Inc.

  2. FCC v. Fox Television Stations, Inc.

  3. FCC v. National Association of Broadcasters

  4. FCC v. Prometheus Radio Project


Correct Option: D
Explanation:

In FCC v. Prometheus Radio Project, the Supreme Court of the United States applied the substantial evidence standard of review, not the rational basis standard of review.

Which of the following is NOT a case in which the Supreme Court of the United States applied the arbitrary and capricious standard of review?

  1. Motor Vehicle Manufacturers Association of the United States, Inc. v. State Farm Mutual Automobile Insurance Company

  2. Citizens to Preserve Overton Park, Inc. v. Volpe

  3. Vermont Yankee Nuclear Power Corporation v. Natural Resources Defense Council, Inc.

  4. FCC v. Fox Television Stations, Inc.


Correct Option: D
Explanation:

In FCC v. Fox Television Stations, Inc., the Supreme Court of the United States applied the rational basis standard of review, not the arbitrary and capricious standard of review.

Which of the following is NOT a case in which the Supreme Court of the United States applied the substantial evidence standard of review?

  1. Universal Camera Corporation v. NLRB

  2. Consolidated Edison Co. v. NLRB

  3. NLRB v. Pittsburgh Plate Glass Co.

  4. FCC v. Beach Communications, Inc.


Correct Option: D
Explanation:

In FCC v. Beach Communications, Inc., the Supreme Court of the United States applied the rational basis standard of review, not the substantial evidence standard of review.

True or False: A court will apply the rational basis standard of review to an administrative agency's decision if the decision is based on a rational explanation.

  1. True

  2. False


Correct Option: A
Explanation:

A court will apply the rational basis standard of review to an administrative agency's decision if the decision is based on a rational explanation. This means that the agency's decision must be based on facts and evidence that are relevant to the issue being decided, and that the agency must have articulated a rational connection between the facts and evidence and its decision.

True or False: A court will apply the arbitrary and capricious standard of review to an administrative agency's decision if the decision is not arbitrary, capricious, or an abuse of discretion.

  1. True

  2. False


Correct Option: A
Explanation:

A court will apply the arbitrary and capricious standard of review to an administrative agency's decision if the decision is not arbitrary, capricious, or an abuse of discretion. This means that the agency's decision must be based on a consideration of the relevant facts and evidence, and that the agency must have explained its decision in a way that allows the court to understand the basis for the decision.

True or False: A court will apply the substantial evidence standard of review to an administrative agency's decision if the decision is supported by substantial evidence.

  1. True

  2. False


Correct Option: A
Explanation:

A court will apply the substantial evidence standard of review to an administrative agency's decision if the decision is supported by substantial evidence. This means that the agency's decision must be supported by evidence that is relevant, material, and probative, and that the evidence must be sufficient to support a reasonable person's conclusion that the agency's decision is correct.

Which of the following statements is FALSE?

  1. The rational basis standard of review is the most deferential standard of review.

  2. The arbitrary and capricious standard of review is more deferential than the substantial evidence standard of review.

  3. The substantial evidence standard of review is the most stringent standard of review.

  4. The de novo standard of review is the most deferential standard of review.


Correct Option: D
Explanation:

The de novo standard of review is not a deferential standard of review. Under the de novo standard of review, the court reviews the evidence and makes its own independent decision on the merits of the case, without giving deference to the agency's decision.

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