The legal residuum rule states

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Reference no: EM133854917

Questions

1. The APA's position on the right to counsel is best characterized by which of the following?

A) Only those parties with constitutional rights at risk are entitled to counsel. B) There is no right to counsel in administrative hearings. C) All parties have the right to counsel. D) Presiding officers must approve the use of counsel on a case-by-case basis.

2. The Legal Residuum Rule states that:

A) evidence that courts view as incompetent may be used in an administrative hearing by a person or organization in support of their case, but may not be used by the agency or the government against the person or organization B) evidence that courts view as incompetent may be used in an administrative hearing and may support the agency's decision, but may not be the sole support of the decision C) evidence that courts view as incompetent may not be used in an administrative hearing for any purpose D) evidence that courts view as incompetent may be used in an administrative hearing and may be the sole support of the decision

3. Which of the following standards of proof is applied in cases where an agency's action encroaches on a legally protected right?

A) Preponderance of the evidence B) Beyond a reasonable doubt C) Clear and convincing evidence D) Beyond a reasonable preponderance of the evidence.

Reference no: EM133854917

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