Name: __________________________________________

FINAL EXAMINATION: Admin Law

TRUE OR FALSE ______1. The failure to exhaust administrative remedies affects the jurisdiction of the court and results in the lack of a cause of action which may be invoked in a motion to dismiss. ______2. Failure to exhaust administrative remedies also constitute forum shopping which would likewise result in a dismissal of a simultaneous resort to a regular court for purposes of obtaining relief. ______3. The absolute rule is that the finding of quasi-judicial bodies which have acquired expertise on the subjects within their jurisdiction are generally accorded not only respect but even finality. Hence, there are no occasions that courts can intervene to annul administrative findings of fact. ______4. Lack of cause of action for failure to exhaust administrative remedies as a ground for motion to dismiss must be invoked seasonably, otherwise, the court may proceed to hear the case. ______5. In the hierarchy of evidentiary values, proof beyond reasonable doubt is at the highest level followed by preponderance of evidence, clear and convincing evidence and substantial evidence, in that order. ______6. When the “judgment of the administrative body is based on misapprehension of facts the doctrine of exhaustion of administrative remedies is made inapplicable as held by the Supreme Court. ______7. The rule on exhaustion of administrative remedies applies in the absence of an express legal provision requiring such administrative step as a condition precedent to taking action in court in order to give administrative superiors an opportunity to correct the errors committed by their subordinates . ______8. The doctrine of primary jurisdiction warrant a court to arrogate unto itself authority to resolve a controversy the jurisdiction over which is initially lodged with an administrative body of special competence. _______9. Sufficient standard test as a test for a valid delegation is not met if there are gaps in the law that will prevent its enforcement until they are first filled. _______10. That the delegate will have the opportunity to repair the omission through the exercise of the discretion to determine what the law shall be which is essentially and exclusively quasi-legislative. _______11. The failure to exhaust administrative remedies affects the jurisdiction of the court and results in the lack of a cause of action which may be invoked in a motion to dismiss is not true. _______12. Failure to exhaust administrative remedies also constitute forum shopping which would likewise result in a dismissal of a simultaneous resort to a regular court for purposes of obtaining relief cannot be a false statement._______13. The absolute rule is that the finding of quasi-judicial bodies which have acquired expertise on the subjects within their jurisdiction are generally accorded not only respect but even finality. Hence, there are no occasions that courts can intervene to annul administrative findings of fact. This statement is always true. _______14. Lack of cause of action for failure to exhaust administrative remedies as a ground for motion to dismiss must be invoked seasonably, otherwise, the court may proceed to hear the case is sometimes true. _______15. In the hierarchy of evidentiary values, proof beyond reasonable doubt is at the highest level followed by preponderance of evidence, clear and convincing evidence and substantial evidence, in that order. This statement is always wrong. _______16. The statement that when the “judgment of the administrative body is based on misapprehension of facts the doctrine of exhaustion of administrative remedies is made inapplicable as held by the Supreme Court cannot be true in all instance. _______17. The rule on exhaustion of administrative remedies applies in the absence of an express legal provision requiring such administrative step as a condition precedent to taking action in court in order to give administrative superiors an opportunity to correct the errors committed by their subordinates is not correct. _______18. The doctrine of primary jurisdiction warrant a court to arrogate unto itself authority to resolve a controversy the jurisdiction over which is initially lodged with an administrative body of special competence is sometimes correct. _______19. Sufficient standard test as a test for a valid delegation is not met if there are gaps in the law that will prevent its enforcement until they are first filled is an untruthful statement. _______20. The statement that the delegate will have the opportunity to repair the omission through the exercise of the discretion to determine what the law shall be which is essentially and exclusively quasi-legislative is always wrong.