(Multiple Choice): The degree or extent of appropriate judicial scrutiny of agency action is:.?
Okay, last multiple choice question of the night. (Note: I'm only reviewing my answers):
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The degree or extent of appropriate judicial scrutiny of agency action is:
(A) called standing
(B) called the 'scope of judicial review'
(C) called 'primary jurisdiction'
(D) absolute regarding all questions of fact and law
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TIA,
Korey
B
You might try 'B'.
Good luck on your test.
Answers:
I like choice B. it's not A because standing is who has the right to sue. Choice C talks about jurisdiction, not standing. Choice D is not the answer because...
'Judicial review of agency decisions does not simply ask the broad question of whether the agency decision was right or wrong. The agency decision is broken into its component elements and the appropriate scope of review is applied to each element. Questions of fact will be reviewed under the deferential substantial evidence test. Questions of law will be reviewed in the light of the court's authority to fully substitute its judgment for that of the agency. Mixed questions of fact and law may be further broken down with different elements allocated primarily to the court or to the agency. Each element of the decision must be separately identified and discussed in light of the scope of review afforded to that element'
