Where There Has Been Informal Rulemaking or Informal Adjudication by an Administrative

question 58

Multiple Choice

Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by that agency is then appealed to the courts,the court will generally apply what test in reviewing factual determinations?

• A) The unwarranted by the facts standard.
• B) The substantial evidence test.
• C) The arbitrary and capricious test.
• D) The beyond a reasonable doubt standard.

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Definitions:

Intimidation

The act of making others feel frightened or overawed, especially to influence their behavior or decisions.

Self-defeating Trade-offs

Choices or decisions that may seem beneficial in the short term but ultimately undermine one's own goals or well-being.

Poor Judgment

The lack of ability to make sensible or wise decisions.

Emotional Distress

A state of emotional suffering typically caused by stress, anxiety, or depression.