Fact Pattern 6-1 Bruce Had a Disagreement with a New Federal Agency Set

question 28

Multiple Choice

Fact Pattern 6-1
Bruce had a disagreement with a new federal agency set up to give additional funds for college to individuals with an aptitude for math. After a hearing, the agency determined that Bruce had no aptitude for math and that he would not receive any funding. Bruce, however, was not discouraged. He told his friend Laura, who just graduated from law school, that he would simply appeal the decision to federal court, have the judge do a fresh review, and provide additional information to the judge regarding his math aptitude that the agency did not have. He feels certain that he will win at the federal court level.
-Refer to fact pattern 6-1. Assuming the decision by the administrative agency was a factual finding,what should Laura tell Bruce regarding the standard of review the administrative agency will likely apply?

• A) That the agency will likely apply a de novo, or new, review.
• B) That the agency will likely apply an arbitrary and capricious standard in any review.
• C) That the agency will likely apply a substantial evidence standard in any review.
• D) That the agency will likely apply a preponderance of the evidence standard in any review.

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Definitions:

Public Expenditure

Government spending on goods and services, including infrastructure projects, healthcare, and education, intended for the public's benefit.

Public Good

A product or service that is non-excludable and non-rivalrous, meaning it can be used by many people simultaneously without reducing its availability to others.

Tiebout Hypothesis

A theory suggesting that people will migrate to local jurisdictions that best satisfy their preferences for public goods and services, reflecting a form of market efficiency in local government.

Public Good

A good that is non-excludable and non-rivalrous, meaning it can be used by many people simultaneously without depletion.